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HomeMy WebLinkAboutAgenda Packet - CC - 05/18/20202006 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 Monday, May 18, 2020 Regular Council Meeting Agenda 6:00 PM On March 20, 2020, the Mayor and City Council approved an Emergency Ordinance which declared and proclaimed a state of local emergency and, per Section 7 of said Ordinance, provided that such declaration shall constitute the finding and declaration of an emergency as contemplated by the Open Meetings Act, O.C.G.A. 50-14-1(g), such that a teleconference meeting may be held. Based upon that Ordinance finding, pertinent State law, and upon the Governor’s declaration of a statewide emergency, this meeting of the City Council will be conducted virtually using Zoom Webinar. This platform will allow for the public and media to observe the online, streaming meeting in real time via a computer or telephone. To Attend the Virtual City Council Meeting: •Using your computer, tablet, or smartphone, click on this link: https://zoom.us/j/96970428233 NOTE: It is beneficial to download the free Zoom app •From a phone, dial: +1 301 715 8592, Webinar ID: 969 7042 8233 1)CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2020 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 20-134) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the April 15, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-135) (Sudie Gordon, City Clerk) 2. Approval of the April 23, 2020 Special Called City Council Meeting Minutes. (Agenda Item No. 20-136) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements and Investment Report for the Period Ending March 2020. (Agenda Item No. 20-137) (Bernadette Harvill, Finance Director) 4. Approval of Change Order #1 to an Agreement between the City of Milton and Dynamo Pool Management to Change the Terms of the Swimming Pool Management Agreement at the Milton City Pool. (Agenda Item No. 20-138) (Jim Cregge, Parks & Recreation Director) 5. Approval of a Task Order with BM&K, P.C. for Design and Bid Support for Saddlesprings Drive Culvert Repair Project. (Agenda Item No. 20-139) (Robert Drewry, Public Works Director) 6. Approval of a Change Order to Task Order to Provide Construction Inspection Services for NE Crabapple Connector Project between the City of Milton and BM&K, P.C. (Agenda Item No. 20-140) (Robert Drewry, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2020 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7. Approval of an Agreement for Outside Providers & Facility Use Agreement between the City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes. (Agenda Item No. 20-141) (Jim Cregge, Parks & Recreation Director) 8. Approval of the Phase 2 Professional Services Agreement with Taylor English Duma, LLP. (Agenda Item No. 20-142) (Sarah LaDart, Economic Development Manager) 9. Approval of Plan Adoption Agreements for Health Reimbursement Account (HRA) and Flexible Spending Account (FSA) Contract with Basic Benefits. (Agenda Item No. 20-143) (Sam Trager, Human Resources Director) 10. Approval of a Professional Services Agreement between The City of Milton and Pond & Company to Provide Architectural Design Services and Construction Documents for the Development of Bathrooms, a Boardwalk and a Fishing Pier at Providence Park. (Agenda Item No. 20-144) (Jim Cregge, Parks & Recreation Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Honoring the Class of 2020 High School Graduates from Milton. (Mayor Joe Lockwood) 2. Presentation of Former Milton Country Club Phase 1A and 1B of the Trail Phasing Project. (Robert Drewry, Public Works Director) 8) FIRST PRESENTATION 1. Consideration of Amendments to Chapter 32 of the Milton City Code, to Prohibit the Use of Vaping Products on City-Owned Property. (Agenda Item No. 20-145) (Jim Cregge, Parks & Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2020 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of Amendments to Chapter 34 of the Milton City Code, to Prohibit the Use of Vaping Products in City Parks and to Eliminate Article 3: Special Events. (Agenda Item No. 20-146) (Jim Cregge, Parks & Recreation Director) 3. An Ordinance Authorizing the Conditional Operation of Personal Transportation Vehicles on Designated City Streets. (Agenda Item No. 20-147) (Rich Austin, Police Chief) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code, to Creating Parks and Recreation Fees and Other Charges. (Agenda Item No. 20 -130) (First Presentation at May 4, 2020 City Council Meeting) (Jim Cregge, Parks & Recreation Director) 12) NEW BUSINESS 1. Consideration of a Grant Application to the US Fire Administration’s Assistance to Firefighters Grant Program for the Purchase of Personal Protective Equipment for the Pandemic Response. (Agenda Item No. 20-148) (Robert Edgar, Fire Chief) 2. An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia Under Section 3.18 of the Charter of the City of Milton to Provide for the Operation of the City of Milton, Georgia During the Public Emergency Known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by Council; to Supersede the Existing Emergency Ordinance; to Adopt the City’s Reopening Plan; and for Other Purposes. (Agenda Item No. 20-149) (Ken Jarrard. City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2020 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Outreach 2. Community Development 3. Police 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-150) CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending March 2020. MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 6CFB2F42-A200-47DD-9B7C-64A0FFD64FC6 May 18, 2020 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 5, 2020 for the May18, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 6 – March 2020 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.58% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $14,655,254 and are 10.77% 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 $1,566,064. 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. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,025,225 123,585 32,461 91,124 12,101,347 11,883,477 217,869 Motor Vehicle Tax 452,100 86,719 37,342 49,377 517,680 186,711 330,969 Intangible Tax 215,000 40,195 17,910 22,285 159,236 89,548 69,689 Real Estate Transfer Tax 100,000 9,794 8,330 1,464 51,912 41,650 10,262 Franchise Fees 2,105,800 375,070 320,550 54,520 834,611 822,400 12,211 Local Option Sales Tax 9,400,000 713,780 783,020 (69,240) 4,090,525 4,072,080 18,445 Alcohol Beverage Excise Tax 310,000 19,167 25,730 (6,563) 136,234 128,650 7,584 Business & Occupation Tax 800,000 167,536 40,000 127,536 404,345 760,000 (355,655) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 45,000 43,178 38,250 4,928 52,187 45,000 7,187 Penalties & Interest 22,200 3,193 975 2,218 15,077 8,050 7,027 Alcohol Beverage Licenses 170,000 - - - 152,375 153,000 (625) Other Non-Business Permits/Licenses 33,100 2,990 2,632 358 19,732 16,294 3,438 Zoning & Land Disturbance Permits 58,350 3,360 4,861 (1,501) 48,810 29,163 19,647 Building Permits 350,000 21,880 28,000 (6,120) 142,801 161,000 (18,199) Intergovernmental Revenue - - - - - - - Other Charges for Service 517,420 41,062 57,769 (16,707) 229,772 276,671 (46,899) Municipal Court Fines 380,000 24,783 31,654 (6,871) 161,542 189,924 (28,382) Interest Earnings 301,000 21,838 25,073 (3,235) 146,295 150,440 (4,145) Contributions & Donations - 1,000 - 1,000 23,503 - 23,503 Other Revenue 108,726 5,324 8,799 (3,475) 66,998 51,693 15,305 Other Financing Sources 93,093 10,574 6,924 3,650 59,797 46,547 13,250 Total Revenues 29,987,014 1,715,029 1,470,280 244,749 19,414,781 19,112,296 302,484 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 196,111 8,270 16,685 (8,415) 69,454 88,993 (19,538) City Clerk 390,928 10,523 18,887 (8,364) 106,197 269,417 (163,220) City Manager 644,897 39,642 42,848 (3,206) 285,779 287,812 (2,033) General Administration 58,673 85 4,832 (4,747) 18,427 29,063 (10,636) Finance 646,442 44,206 61,841 (17,634) 319,937 368,443 (48,506) Legal 295,000 23,350 24,574 (1,224) 164,078 147,500 16,578 Information Technology 1,362,876 92,418 93,897 (1,479) 627,079 678,038 (50,959) Human Resources 349,281 19,690 37,814 (18,124) 142,929 186,433 (43,504) Risk Management 266,706 - 1,083 (1,083) 140,107 160,013 (19,907) General Government Buildings 259,502 13,988 19,888 (5,900) 105,909 120,078 (14,169) Communications 292,875 19,258 21,437 (2,179) 100,621 146,243 (45,622) Community Outreach & Engagement 164,367 11,438 12,328 (890) 79,321 86,207 (6,885) Municipal Court 470,202 32,985 35,455 (2,470) 211,404 219,799 (8,395) Police 5,629,833 338,249 385,826 (47,577) 2,646,510 2,909,190 (262,680) Fire 7,722,910 519,667 577,733 (58,066) 3,874,746 4,129,769 (255,023) Public Works 2,979,237 167,732 214,125 (46,393) 1,013,289 1,253,332 (240,043) Parks & Recreation (Active)1,518,414 93,893 80,640 13,253 800,010 828,777 (28,767) Passive Parks/Greenspace 137,789 6,947 12,020 (5,073) 58,237 68,619 (10,382) Community Development 1,701,891 128,683 125,601 3,083 728,866 817,343 (88,476) Economic Development 179,655 8,393 10,399 (2,007) 85,094 105,142 (20,048) Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257) Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 2,447,259 2,447,259 - Operating Reserve 264,448 - - - - - - Total expenditures 31,603,756 1,987,293 2,205,790 (218,498)14,655,254 16,423,725 (1,768,471) Net Income/(Loss)(1,616,742)(272,264)4,759,527 Fund Balance - Beginning 10,495,407 10,495,407 Fund Balance - Ending 8,878,665 15,254,933 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee -$ -$ 1,100$ 1,100$ Rock for Rescues Vendor Fee - - - - Summer Event Vendor Fee - - - - Interest Revenues - 3 12 12 Crabapple Fest Sponsor 15,000 - 7,500 (7,500) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 94 443 443 Total revenues 17,000$ 97$ 9,055$ (7,945)$ EXPENDITURES Current: Special Events 120,688$ -$ 50,742$ 69,946$ Total Expenditures 120,688$ -$ 50,742$ 69,946$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 5,794$ 28,794 (51,206) Total other financing sources and uses 80,000$ 5,794$ 28,794$ (51,206)$ Net change in fund balances (23,688)$ (12,893)$ Fund balance - beginning 71,176 71,176 Fund balance - ending 47,488$ 58,283$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ 1,521$ 1,521$ 1,521$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 17 17 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - - - Total revenues -$ 1,524$ 1,538$ 1,538$ EXPENDITURES Current: Police 6,716$ -$ 13,433$ (6,717)$ Total Expenditures 6,716$ -$ 13,433$ (6,717)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (6,716)$ (11,895)$ Fund balance - beginning 95,166 95,166 Fund balance - ending 88,450$ 83,272$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 980,000$ 274,380$ 547,555$ (432,445)$ Total revenues 980,000$ 274,380$ 547,555$ (432,445)$ EXPENDITURES Current: Public Safety 980,000$ 274,380$ 547,555$ 432,445$ Total Expenditures 980,000$ 274,380$ 547,555$ 432,445$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 80,000$ 5,794$ 28,794$ (51,206)$ Total revenues 80,000$ 5,794$ 28,794$ (51,206)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 80,000$ 5,794$ 28,794$ (51,206)$ Total other financing sources and uses 80,000$ 5,794$ 28,794$ (51,206)$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 10$ 32,574$ 32,574$ (77,426)$ Infrastructure Maint Penalty & Interest - - 483 483 483 Tree Recompense - - - - - Landfill Host Fees 48,000 - 12,705 12,705 (35,295) Interest Revenue - 57 398 398 398 Total revenues 158,000$ 67$ 46,160$ 46,160$ (111,840)$ EXPENDITURES Capital Outlay City Council -$ -$ -$ -$ -$ General Admin 13,762 - - - 13,762 Finance 162,315 - - - 162,315 Information Services 383,944 56,971 56,971 56,971 326,973 General Govt Bldg 46,266 - - - 46,266 Police 226,857 36,693 37,794 266,233 (39,376) Fire 1,849,610 928 1,158,606 1,158,606 691,005 Public Works 5,698,404 1,884 123,603 450,655 5,247,748 Parks & Recreation (Active)3,287,597 - 176,926 255,744 3,031,853 Passive Parks/Greenspace 973,188 - - - 973,188 Community Development 659,626 824 12,164 259,436 400,190 Total Capital Outlay 13,301,568$ 97,301$ 1,566,064$ 2,447,645$ 10,853,923$ Excess of revenues over expenditures (13,143,568)$ (97,234)$ (1,519,904)$ (2,401,485)$ (10,965,763)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,894,518$ 407,877$ 2,447,259$ 2,447,259$ (2,447,259)$ Transfer out to General Fund (83,093) (6,924) (41,547) (41,547) 41,546 Contingencies (147,450) - - - 147,450 Total other financing sources and uses 4,663,975$ 400,952$ 2,405,712$ 2,405,712$ (2,258,263)$ Net change in fund balances (8,479,593)$ 885,808$ 4,227$ Fund balance - beginning 8,532,749 8,532,749 8,532,749 Fund balance - ending 53,155$ 9,418,557$ 8,536,976$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,683,096$ 13,589$ 1,689,024$ 1,689,024$ 5,928$ Real Property Tax-Prior Year - 995 12,062 12,062 12,062 Public Utility Tax-Current Year 13,220 790 790 790 (12,430) Personal Property Tax-Current Year 25,090 195 24,914 24,914 (176) Personal Property Tax-Prior Year - 31 40 40 40 Motor Vehicle Tax 5,689 516 2,764 2,764 (2,925) Penalties & Interest - Real Property - 103 2,337 2,337 2,337 Penalties & Interest - Personal Property - 6 166 166 166 Other Miscellaneous Revenue - - 37,350 37,350 37,350 Interest Revenue (Regions)200,000 6,970 42,872 42,872 (157,128) Interest Revenue (SunTrust)- 9 206 206 206 Total revenues 1,927,095$ 23,204$ 1,812,526$ 1,812,526$ (114,569)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 7,637,331$ 7,450$ 1,321,844$ 1,321,845$ 6,315,485$ Bond Principal 855,000 - - - 855,000 Bond Interest 858,875 - 429,438 429,438 429,438 Total Capital Outlay 9,351,206$ 7,450$ 1,751,282$ 1,751,283$ 7,599,924$ Excess of revenues over expenditures (7,424,111)$ 15,754$ 61,244$ 61,243$ 7,485,354$ Net change in fund balances (7,424,111)$ 61,244$ 61,243$ Fund balance - beginning 7,536,608 7,536,608 7,536,608 Fund balance - ending 112,497$ 7,597,851$ 7,597,850$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,300,000$ 484,833$ 2,770,245$ 2,770,245$ (3,529,755) Interest Revenues - 108 482 482 482 Realized Gain or Loss (GA Fund 1)200,000 12,245 98,076 98,076 (101,924) Total revenues 6,500,000$ 497,186$ 2,868,803$ 2,868,803$ (3,631,197)$ EXPENDITURES Capital Outlay Public Works 17,181,402$ 142,450$ 1,407,981$ 2,581,106$ 14,600,295 Total Capital Outlay 17,181,402$ 142,450$ 1,407,981$ 2,581,106$ 14,600,295$ Excess of revenues over expenditures (10,681,402)$ 354,735$ 1,460,822$ 287,697$ 10,969,099$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (10,681,402)$ 1,460,822$ 287,697$ Fund balance - beginning 13,950,834 13,950,834 13,950,834 Fund balance - ending 3,269,433$ 15,411,656$ 14,238,531$ 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 March 31, 2020 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program -$ -$ -$ -$ -$ Land & Water Conservation Grant - - 6,412 6,412 6,412 LMIG Funds 405,528 - 444,773 444,773 39,245 Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920) Interest Revenues - 60 240 240 240 Contributions & Donations - - - - - Total revenues 805,528$ 60$ 452,504$ 452,504$ (353,024)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ 1,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - - 34,350 70,443 Total Capital Outlay 2,119,725$ -$ 5,365$ 90,650$ 2,029,075$ Excess of revenues over expenditures (1,314,197)$ 60$ 447,139$ 361,854$ 1,676,052$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (1,314,197)$ 447,139$ 361,854$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending (463,738)$ 1,297,599$ 1,212,314$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 2,486$ 15,152$ 15,152$ (14,848)$ Law Enforcement Fund 13,000 1,043 6,780 6,780 (6,220) Fire Fund 72,500 5,979 38,850 38,850 (33,650) Road Fund 110,000 7,462 49,220 49,220 (60,780) Park Fund 650,000 68,366 410,197 410,197 (239,803) Interest Revenues/Admin Fund - 3 17 17 17 Interest Revenues/Law Enforcement Fund - 1 7 7 7 Interest Revenues/Fire Fund - 7 42 42 42 Interest Revenues/Road Fund - 9 53 53 53 Interest Revenues/Park Fund - 81 454 454 454 Total revenues 875,500$ 85,438$ 520,772$ 520,772$ (354,728)$ EXPENDITURES General Government Buildings 73,437$ -$ -$ -$ 73,437$ Fire 319,372 - - - 319,372 Public Works 266,709 - - 152,967 113,742 Parks & Recreation 3,063,327 - 1,351,331 1,351,331 1,711,997 Community Development 59,195 - - - 59,195 Total Capital Outlay 3,782,040$ -$ 1,351,331$ 1,504,298$ 2,277,742$ Excess of revenues over expenditures (2,906,540)$ 85,438$ (830,558)$ (983,525)$ 1,923,015$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (2,906,540)$ (830,558)$ (983,525)$ Fund balance - beginning 3,004,194 3,004,194 3,004,194 Fund balance - ending 97,654$ 2,173,636$ 2,020,669$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 22,363 97,175 97,175 97,175 Contributions & Donations - - - - - Total revenues -$ 22,363$ 97,175$ 97,175$ 97,175$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 2,358,125$ 5,149,662$ 12,505,335$ 1,348,012$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 2,358,125$ 13,534,192$ 20,889,865$ (3,329,955)$ Excess of revenues over expenditures (17,559,910)$ (2,335,762)$ (13,437,016)$ (20,792,690)$ (3,232,780)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - - 27,493,663 27,493,663 27,493,663 Total other financing sources and uses -$ -$ 27,493,663$ 27,493,663$ 27,493,663$ Net change in fund balances (17,559,910)$ 14,056,647$ 6,700,973$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending (19,106,563)$ 12,509,994$ 5,154,321$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,375,347 17%1.65% GA Fund 1 14,470,222 45%1.17% GA Fund 1 (TSPLOST)12,337,756 38%1.17% Grand Total Investment Portfolio 32,183,325 100% Current Month YTD Current Month YTD Interest earned 21,838 145,936 12,245 98,076 Budgeted interest 25,000 150,000 16,667 100,000 Variance over/(under)(3,162) (4,064) (4,422) (1,924) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending March 31, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #1 to an Agreement between the City of Milton and Dynamo Pool Management to Change the Terms of the Swimming Pool Management Agreement at the Milton City Pool. MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 4D73CCEE-D7E9-4983-9517-E195B2ABBBED May 18, 2020 X X X X To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 05/01/2020 for the 05/18/2020 Regular Council Meeting Agenda Item: Approval of Change Order #1 to an Agreement between the City of Milton and Dynamo Pool Management to Change the Terms of the Swimming Pool Management Agreement at the Milton City Pool. Department Recommendation: Approval. Executive Summary: On May 6, 2019, the Mayor and Council approved a contract with Dynamo Pool Management for Pool Management and Maintenance, Lifeguard Support and Learn to Swim Programming at the Former Milton Country Club City Pool. Staff is now proposing Change Order #1 to this contract. This change order will make two changes to the existing contract. The first change results in an automatic renewal, with mutual clauses to cancel the automatic renewal, of the agreement on April 1 of each year as was contemplated in the original creation of the agreement. The second change allows the addition of one extra week of full day lifeguard services should the opening of the public schools be delayed one week longer than was contemplated in the original creation of the agreement. This change will not affect the current budget or the purchase order as both were created in FY20 with this change anticipated. This procedure simply corrects the detail of the number of weeks of lifeguard service and associated pricing now that the public schools open one week later than was initially identified in the original creation of the agreement. Procurement Summary: Purchasing method used: Contract Addendum DocuSign Envelope ID: 4D73CCEE-D7E9-4983-9517-E195B2ABBBED Financial Review: Bernadette Harvill, May 1, 2020 No change to the originally authorized contract price of $33,500.00. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 1, 2020. Concurrent Review: Steven Krokoff, City Manager Attachment: 1) Change Order #1 to an Agreement between the City of Milton and Dynamo Pool Management to change the terms of the Swimming Pool Management Agreement at the Milton City Pool. DocuSign Envelope ID: 4D73CCEE-D7E9-4983-9517-E195B2ABBBED Nl I LTON't SWIMMING POOL MANAGEMENT AGREEMENT CHANCE ORDER WHEREAS, the CITYOF MILTON ("Ciry')and DYNAMO POOL MANAGEMENT, LNG ('Service Provident'), entered into a Swimming Pool Management Agreement (the -Agmement"), with an initial term of one year. for life guard service, pool maintenance and repairs at the Milton City Pool actual at 1785 Dinsmore Road, Millon, GA 3000Y, and WHEREAS, the City and Service Provider desire to extend the mom of the Agreement for another two years (with the exception of the ane -time conswcdoWrenove6on elements incorporated into the Agreemento NOW THEREFORE, the parties agree as follows: I. The from of the Agreement is extended to Much 3L.2021. Unlesseither party provides notice to the other of nonrenewal by Much 15, 2021. the Agreement shall automatically renew for a Notion one- year tern of April 1. 2021 -March 31. 2022. The "April 15, 2019 -April 14, 2020' natation on the Ron page of the Agreement will not apply. 2. Any one-time conswctiomrennovation work incorporated into me Agreement is excluded from the extension. 3. During each year in which this Agreement is in force, the panties will coordinate to establish dates of operation substantially equivalent to the 2019 dates set tomb in paragraph 8 ofthe Agreement. As the sole exception to this principle. that the parties agree that he parol will be open for oneadditional week off lam -Bpm operation in the month ofAugust in 2020, as compared to August ofZ019. In 2021, Ne summer schedule shall return to the 2019 standard. 4. For year 2020. env annual payments that would have been due on a calendar dare before the date of execution of$is Change Order Nader paragraph 28) will h r due within 15 days after the execution of this Change Order. Additionally. for the April 2020- Match 2021 lerm only, the fixed price for annual sers ice shell be $33,550 instead of S33,000, and the amount due on or before September 1, 2020 shall be $3,690 instead of 83,160. All other payment dates and amounts shown in paragraph 28 (with appmpriaa updating ofthe year) will continue in force. 5. The' Termination and Anatomic Renewal' provisions in gi mgaph 45 of the Agreement continue to apply, but the phrase "January I, 2020 (for a term to expire March 31, 2020), absent Cowmen's prevision yfgyevi5of written notice of non-mnewal to Company at least Ove (5) days prior to December 31. 2019' is deleted and replaced with "each January during the arm. absent Customer's prevision of written notice of non -renewal an Company at least five (5) days Prionto the preceding December I. ` fi. Except as modified herein. the Agreement shall continue in full force and effete Service Provider represents Mat he E-verifv affidavits provided as the Agreement remain in home and will apply m the added work In this Change Order. ]. This Change Order may be executed in counmrpartx, and each counterpart shall constitute an original and taken together shall constitute but one document. g. Each of the individuals executing this Amendment on behalf of his or bar respective Pam agrees and represents to the other Party that he or she is authorized to do so. W WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set Porth next o each signature. SERVICE PROVIDER: DYNAMO POOL MANAGEMENT, WC. By: Print Name: 49mac Crnte cn ?w CEO Dam: CITY OF ADLTON, GEORGIA Joe Lackwaod, Mayor AMR: Stage Gordon, City Clerk Approved as to farm: [CITYSEAL] City Attorney CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order with BM&K, P.C. for Design and Bid Support for Saddlesprings Drive Culvert Repair Project MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: D4B751AF-DDC3-4E75-968D-16E3E42E2F71 X X X X May 18, 2020 To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on April 30, 2020 for the May 18, 2020 Regular City Council Meeting Agenda Item: Approval of a Task Order with BM&K, P.C. for Design and Bid Support for Saddlesprings Drive Culvert Repair Project _____________________________________________________________________________________ Project Description: The culvert under Saddlesprings Drive is a large two-barrel concrete box culvert. Over the last year staff observed cracks in a wing wall and voids under the culvert. In anticipation of major repair to the culvert, staff requested a proposal from BM&K, Inc. for survey, design and specifications for culvert repair at Saddlesprings Drive. Last weekend an adjacent wing wall failed. Therefore, staff wants to proceed with the task order immediately. This Task Order between the City of Milton and BM&K, P.C. is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01). Procurement Summary: Purchasing method used: Other (See Comment Above) (Contract Task Order) Account Number: 300-4101-541401200 Requisition Total: $26,500 (Not to Exceed) Vendor: BM&K, P.C. Financial Review: Bernadette Harvill, May 7, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, May 6, 2020 Concurrent Review: Robert W. Drewry, Public Works Director Attachment(s): Task Order DocuSign Envelope ID: D4B751AF-DDC3-4E75-968D-16E3E42E2F71 MI LTON't ES MUS11 ED 1006 TASK ORDER TO PROVIDE DESIGN AND BID SUPPORT FOR SADDLESPRINGS CULVERT REPAIR PROJECT THIS TASK ORDER between the parries is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement, NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting design and bid support for the Saddlesprings Drive culvert repair project. The location map/plat of the repair project is attached as Exhibit "A". A detailed scope of work is attached as Exhibit "B". Timing: This task order will be completed within 6 months of notice to proceed by the City. Compensation: This task order shall not exceed $26,500.00 based upon the rates that are part of the Agreement. The maximum per task is: Task 1- Survey $3,000 Task la - Easement Plat & Description 2 parcels x $750/plat = $1,500 Task 2 - Design Services $14,000 Task 3 - Right of Way/Easement Acquisition $6,000 Task 4 - Bid Support $2,000 Attachments: Exhibit "A" Project Location Exhibit "B" Scope of Work See following page for signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info�cityofmiltonga.us � www.cityofmiitonga.us O O © O MILTON* u MURIco zoos CITY OF MILTON: By: Name: Date: Approved by City Council Mayor syr—�l Title: Name: 4A Cit wieA Approved as to form: City Attorney MAM 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 infoClcityofmlltonga.us � www.cityofmiliongo.us © O © O EXHIBIT "ARI -�R rug °j.5 ! t°e' `! j 1giai2t!` - N ii[fi� 4 is3 j gg R Rai!I`#@i "pi`y gFt� y a o itIt I '!'s°isIF d a u gt ,F;t: 3s gg `= tfrt[.; u rc m w a N W frRes_ i eg ! `3:iycy_to F �gf�g, � � � Ra�€ ¢E g� (��s• $ arc O r #i1sd�flit a:€1190; °€!i[gSiej z LL Fl _ mz N V ! i i8 I F €iRiia - a GvWAVOI 3109 400 $ �_ x1m -- -- - A iF4 r--- --- ----- , tz\9 h' g, R ...:.07 OR �\kI ffid Fi p- wi- �� � 4I 'ii + rg IS° I ! !I 'Q s� I S IFFS Rt, ;,; I ee i4 FIN 4 R s a0-- it, It it -i 13 ro its :# .. 011014 :,i9 fl .-• i9;�Eitt,k -- � 9frgR ` Fe`s F.iIip f7#!R ae9Y8R:T:$aggf H'•,S tjE:i PCXdit�x �i� O 1 p-- ll oit €� g„ — EXHIBIT "B" Saddlesprings Drive Culvert Repair Project General Scope of or This project includes the survey, design and specifications for culvert repair at Saddlesprings Drive in the City of Milton. It shall be the Consultant's responsibility to design, prepare, ' assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Specific Scope of Services The consultant shall provide a complete set of plans and specifications for this project. The engineering/design items shall include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design and easements needed to construct the repairs to the culvert. The project limits are shown in the attached Exhibit A. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). as -built culvert details, d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty- five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of I -foot topographic contour intervals. Contours shall extend a minimum of fifty feet beyond the project limits, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through the project limits being surveyed shall be shown, 1. The location of any specimen tree within 30 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27 don or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out as hardwood or pine, label size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and pdf of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Task la: Easement Plat and Legal Description Consultant shall provide easement exhibits for 2 parcels as identified by the city. Exhibit A shall be a legal description of both the permanent and/or temporary easement areas. Exhibit B shall be a drawing show survey information with permanent and/or temporary easement areas having labels for bearing and distances/curve data on all lines/curves. Task 2: Design Services Consultant shall provide preconstruction site inspections and document with photos. Structural engineering report shall document review of existing conditions and proposed repairs and be prepared by a professional engineer licensed and qualified to do business in the State of Georgia. The design services shall include all construction drawings and specifications necessary for the construction of all repairs including ditches, pipes, and/or structures needed to restore the culvert and shoulders. The plans shall, at a minimum, include the following: a. grading and drainage plans, b. erosion and sediment control plans, c. construction details, ditch profiles with cross sections, pipe profiles, wall details (if necessary), d. easement and right of way exhibit(s) as necessary. Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and pdf of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. Task 3: Right of way/Easement Acquisition General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. The performance of all right of way services will be in full compliance with Title 49 Code of Federal Regulations, Part 24, Title 23 Code of Federal Regulations, Part 710, the Federal Uniform Act, all State Laws addressed in Georgia Code 22 and 32, and in accordance with the GDOT's Right of Way Manual of policies and procedures. C. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. D. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre -Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals C. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city Coordination of Title Services and Reports A. Consultant will coordinate with City Attorney for title services. Consultant will provide all applicable project and parcel information and request for updates to title as needed. City Attorney will provide the actual title services and reports. Neeotiation• Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: L All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners J. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closin¢s Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right -of -Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Sett lement and Disbursement Statement 3. IRS 1099-5 Form 4. Owner's Affidavit 5. Final Title Certificate 6. Lien Releases Task 4: Bid Support Consultant to provide an itemized construction cost estimate for the entire proposed culvert repair. The consultant shall prepare bid documents and respond to bid questions as directed by the city. The city may request consultant review of submitted bid proposals and attend the pre - construction meeting. CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order to Task Order to Provide Construction Inspection Services for NE Crabapple Connector Project between the City of Milton and BM&K, P.C. MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: BDBA3653-537E-4A26-B902-8E6D101ECE55 May 18, 2020 X X X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on May 4, 2020 for the May 18, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order to Task Order to Provide Construction Inspection Services for NE Crabapple Connector Project between the City of Milton and BM&K, P.C. _____________________________________________________________________________________ Project Description: The City of Milton issued a RFP for City Program Management Services including inspection services for construction projects. This change order is to add an additional $20,000 in funds and time to the task order for inspection services on the Northeast Crabapple Connector Project/Charlotte Drive Extension Project. A change order with the construction contractor CMES, Inc. was approved on January 6, 2020 for a sidewalk continuation and time extension to complete the additional sidewalk work. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400003 Requisition Total: 147,497.50 (Add $20,000 to PO 20053) Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, May 7, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, May 6, 2020 Attachment(s): Change Order DocuSign Envelope ID: BDBA3653-537E-4A26-B902-8E6D101ECE55 MI LTON'r MMUSIUD 2" CHANGE ORDER #1 TO TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE NE CRABAPPLE CONNECTOR PROJECT WHEREAS, the City of Milton, Georgia and BM&K, P.C., have entered into a Professional Services Agreement (the "Agreement") dated May 1, 2017 and a Task Order (the "Task Order") dated April 22, 2019, incorporated herein by reference; and WHEREAS, the Parties desire to change the timing and Not to Exceed amount of the Task Order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Task Order as follows: "Timing" section is amended by replacing the text with the following: This task order will be completed when the project is fully complete, which is estimated to be on or around August 1, 2020." "Compensation' section is amended by replacing the text with the following: This task order shall not exceed $175,000 based upon the rates that are part of the Agreement." Approved by City Council Mayor Date CITY OF MILTON: By: Date: Approved as to form: City Attorney CONSULTANT: By , Title:�/e/.t-��J1 i�cT Name, Guff CLIEttc,f Date: Jr -(a -2n2,Q 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@cityoimlltonga.us � www.cilyotmiltonga.us O O © O CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement between the City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 3C1E0653-BC72-4ABB-BDE4-612355F7EE5D May 18, 2020 X X X X To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on May 11, 2020 for the May 18, 2020 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement between the City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wellesong LLC. Executive Summary: Wellesong LLC currently provides the City with adult tai chi classes through the Bethwell Community Center and Community Place. They are currently renting the space for these classes and becoming a program provider is beneficial for both the City and Wellesong LLC. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, Wellesong LLC will have to continue to rent space for their programming. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, January 6, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wellesong LLC. DocuSign Envelope ID: 7497088A-193C-401C-987B-4805583F5FBBDocuSign Envelope ID: 3C1E0653-BC72-4ABB-BDE4-612355F7EE5D HOME OF ' M�ILFONIP CST.4[3LISI1[D 2006 2020 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Wellesong Tai Chi THE CITY OF AULTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and Wellesong LLC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: I 'n 01 _121 I * W—WITAN =11,11 10 MIMIQ INA14W19A 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhlbl "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of M mQre will be charged to each participant who is not a resident of MILTON, up to a cap of $90-00. The entire balance of rcbnrmci for -msidaofs shall be paid to The CIM 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the 2 education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the some or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the PYOgrGMS Prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profunfly, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shop& 1.10 The PROVIDER shall not promote any privately-owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately-owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. ERQUIDIER-undentans lLat, W, , 10 ii a" 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations, ordinances and procedures (Exhibit "C"), as well as those of the FULTON COUNTY BOARD OF EDUCATION (if operating on Board of Education property), and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other onsite activities being offered at such public facilities. 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and 3 8 participants per session 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): =10 { • . • - iiL•31i1C�lC Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed unless Department staff direct otherwise or the actual conditions on the field remain unsafe. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fails to operate or if there is any question about safety notwithstanding the apparent operation of the lightning detection system, refer to the rules below for the Fulton County School fields. Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Heat & Hydration Guidelines Providers that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Cold Weather Policy Providers that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees or below, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Programs shall follow this procedure. 1.27 The PROVIDER is responsible to select qualified coaches for their program. Each Program shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 1.28 The PROVIDER shall be a business that is properly registered with the Secretary of State's office and have a business license issued by the local governing body. 1.29 The PROVIDER shall communicate to the Milton Parks and Recreation Advisory Board (PRAB) liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the PROVIDER which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: ® Addition/elimination of any age or skill level ® Addition/elimination of any component of the overall program content (Le. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) ® Schedule of fees for participants ® Anything that would be in direct conflict with existing City/Department policies The Provider shall notify liaisons as soon as the idea for a substantial change is being considered. Upon notification by the PROVIDER, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the PROVIDER, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal rl shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the PROVIDER to implement the substantial change. The approval levels are noted as follows: a. The PROVIDER only b. Department Director or his/her designee C. Milton Parks and Recreation Advisory Board d. Milton Mayor and City Council 1.30 Records of the PROVIDER or any members of the PROVIDER, that are prepared and maintained or received by the PROVIDER or any of its members in the course of providing services on behalf of Milton, are "public records" under the Open Records Act. Therefore, such records are subject to production if a request for such records is made under the Open Records Act. In the event that an Open Records Act request is delivered to the City of Milton for PROVIDER records pertaining to the service being provided on behalf of Milton, the City of Milton will require, and the PROVIDER agrees to provide, timely assistance in responding to such request. Upon receiving an Open Records Act request for PROVIDER records, the City of Milton will promptly forward the request to the PROVIDER. All responsive documents shall be provided to the City by the PROVIDER within 24 hours of the City's notification; or, if the records cannot be assembled that quickly, then within 24 hours the PROVIDER will identify what records are responsive and provide the City of Milton with a list of such records and a timeline for when the requested documents will be assembled and provided. Delivery of the Open Records Act request from the City to the PROVIDER may be delivered via email, or phone call. All Open Records request responses shall be emailed to the Director of Parks & Recreation or his designee (if specified in the communication relaying the request). ARTICLE 2.0 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 7 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 2.6 On all of the fields at Bell Memorial Park, blue tooth interfaces to the scoreboards have been installed. There is an app available to interface with the blue tooth device which eliminates the need for the external scoreboard controllers. Go to www.singlescore.com for the app. Scoreboard control boxes may still be used under the following guidelines: a. The PROVIDER must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The PROVIDER shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The PROVIDER must turn all scoreboards off each evening at the conclusion of activities and assure that scoreboard controllers are properly secured in the storage closet. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." M 0 F1 1 i 15-4111'. Mlw��11111111 NA q IffifivLm- 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, to the CITY within 30 days of the close of registration for each program. The list shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, Z71p code, email address, age/ program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the PROVIDER. The PROVIDER is responsible for identifying participants who have received a scholarship such that they are not included on the City registration commission invoice. After the City has verified residency of participants, the City will issue an invoice to the PROVIDER for registration commissions and non-resident fees payable to the City and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. 4.4 PROVIDER is not allowed to require an admission fee or a parking fee to any PROVIDER event. For special tournaments and events, a team registration fee may be collected. The PROVIDER must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insumrice. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued 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. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty- five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: W $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. (NIA - Adult programs only) 6.5 insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. (NIA - LLQ 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as on additional insured. W '10 Il ;ii Mig"®r 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2020, unless terminated sooner as provided in this Article. 13 Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. WBI 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "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, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 the PROVIDER or any subcontractor under im workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnity. ARTICLE 9.0 1411M ul 001 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and 11 of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, PROVIDER, 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, PROVIDER agrees to comply with all applicable implementing regulations of the laws cited above, and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 13 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 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, the PROVIDER 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, PROVIDER 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. 10.8 Books, records, documents, account lodgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative (s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between MM MCKLYEM for the CITY and MARGARET MILLER for the PROVIDER. 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 14 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: Jim Cregge Parks and Recreation Director, City of Milton 2006 Heritage Walk Milton, GA 30004 MINHISTAINE-10111 FSPAINIM, �,* �13740= . Ipbaretta.GA 30023 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER 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. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER 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 PROVIDER'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. The PROVIDER 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. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1,02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER 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 15 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. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. *No employees PROVIDER hereby agrees that, in the event PROVIDER 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 PROVIDER 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. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. 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 event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. In the event of any conflict among the terms and conditions contained in this Agreement and the Facility Use Agreement, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 10.13 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, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 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, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or sections) 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 the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER 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 16 cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) 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. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'S own program is allowed but requires coordination with and written consent of the Department. PROVIDER must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The City reserves the right to require liability waivers, proofs of insurance, or other forms of protection from outside participants as a condition of consent to such events. 10.18 The PROVIDER is specifically not permitted to sublet facilities to any individual or organization. The PROVIDER'S Facility Use Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/ Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 10.19 The PROVIDER is allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for the PROVIDER to assist the City in funding capital projects benefitting the parks and facilities they use. The PROVIDER is not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization or individuals and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related prod ucts/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented shall be discussed with and approved by the Department Director or his/her designee. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the City property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 10.20 If damage to a field or facility occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions, damage to flooring, etc.) by the PROVIDER, the City will require the PROVIDER to pay for any and all costs necessary to repair the damaged area. The use of any form of metal cleats is strictly prohibited on the artificial turf fields. 10.21 PROVIDERS are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes all facilities, playing areas, walkways, restrooms, concession stands, dugouts, etc. M IN 'WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. A7' EST: S--'Ji'„E GORDON, CITY CLERK AT''�(ZI . Print: Its: (Assistant) Corporate Secretary reauired if corporation) Mw BY: JOE LOCKWOOD, MAYOR PROVIDER: Print: MARGARET MILLER, WELLESONG LLC Its: (circle one) - President/Vice President (Corporation) - General Partner Partnership/Limited Partnership) ember/Manager (LLQ)"' [CORPORATE SEAL] (required if corporation 18 DEXHIBIT [INSERT SCOPE OF WORK (INCLUING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MIMMUM NUMBER OF PARTICIPANTS)] Provision of Tai Chi Courses for Beginners through Advanced levels. Fees: $96 for an 8 -class course Each class will meet for 50 minutes. Minimum enrollment 6 / Maximum enrollment 12 Initial class offerings will be for Beginners Course. These groups will continue on to more advanced levels, pending interest of participants and availability of instructor/facility. 19 EXHIBIT "B" - N/A - Adult Program HOME OF 1 L I 'Of; r ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Folio%%ing Person: Full Name d1nno: Code (E) - Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use: International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N)- Employment/Volunteer Working with the Elderly X Code (W) - Employment[Volunteer with Children Code (M) - Employment/Volunteer with the Mentally Ill Code (C) - Police Ride Along Request. Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Folio%%ing Person: Full Name d1nno: Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable upon request.. Photocopy of a legal government ID must accompany this request. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 20 Date of Inquiry/Time of Inquiry EXHIBIT CL of Mon Parks OWInances Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 91 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § I (ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § I (ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2,10-20-2014); Ord. No. 15-03-237, § 1, 3-16-2015) 1. Programs conducting youth OCtiVifie5 on City facilities MU5t have an appropriate number of adults supervising the activities conducted by the Program from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of a Program must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Programs must enact and enforce a policy of ZERO tolerance for abusive behavior while at a Program event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. All Programs are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Program is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Program representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 22 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13.Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or jim.cregge@cityofmiltonga.us 23 3c�xecut'ng 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 on has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verity, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-110-9 1. Furthermore, the undersigned contractor will continue to use the federal work authorization program througnout the contract period and the undersigned contractor will contract for the physical performance of services in jai ?action of such contract only with subcontractors who present an affidavit to the contractor with the information mau red by O.C.G.A. § 13-10-91(b). Cor-ractor hereby attests that its federal work authorization user identification number and date of authorization are as `0,ows: Not required - No eml2lQyees even,y Number of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on�r t , 2020 in i +r®rr (city), GA (state). ^� -\cn-:e of Contractor Signatureof Authorized Officer or Agent of Project MaLgaret Miller. Membar Wellesona LLC Printed Name and Title of Authorized Officer or Agent City of Mi!ton, GA y,ome of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 202_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 24 STATE OF GEORGIA CITY OF MILTON 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 on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows.. eVerify Number Date of Authorization Name of Subcontractor Name of Project City of Milton, GA Name of Public Employer 25 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _ 202_ 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 202_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: iIIIIIIIIIIIII CERTIFICATE ) Y` LIABILITY � INSURANCE J � r Maguire Insurance Agency, Inc. FWI 1 Bala Piz Ste 100 Bala Cynwyd, PA 19004-1401 610.617.7900 INSURED Wellesong, LLC PO Box 3551 Alpharetta, GA 30023-3551 INSURERA: INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOIN7 HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVL POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANa LIABILITY POLICY NUMBER PHPK1585777- DATE IMM D/YYYY) 12/01/2018 DATE (PAM/DO/YYYY) 12/01/2019 LIMITS EACH OCCURENCE $2,000,000 A X PREMISES Ea occurtence $100,000CLAIMSMADE MERCIALGENERAL UABIUTY 002 MED EXP (Any one Person) $2,500 F OCCUR F1R.1E.,..A, PERSONAL & ADV INJURY $2,000,000 LIABILITY GENERAL AGGREGATE $4,000,000 PRODUCTS—COMP/OPAGG $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: N, POLICY J PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA aaident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY (Per accident) AUTO ONLY — EA ACCIDENT OTHERTHAN EA ACC ANYAUTO EXCESS/ UMBRELLA LIABILITY AUTOONLY: AGG EACH OCCURENCE AGGREGATE OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPR(ETOR/PARTNE EXECUTIVE OFFICER/MEMBER EXCLUDED l.VIN _1 E.L. EACH ACCIDENT IMandatory In NH) E.L. Ol5EA5E — EA AMPLOYEE if yes describe under SPECIAL PROVISIONS below E.L. DISEASE—POLICY LIMB OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS It is understood and agreed that the following entity is added as an additional Insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTOFICATE HOLDER CANCELLAT ION ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and I®g® are registered marks Of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Phase 2 Professional Services Agreement with Taylor English Duma, LLP. MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 7D9CE549-BEB9-4899-9B86-E83362FC2995 May 18, 2020 X X X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 11, 2020 for the May 18, 2020 Regular City Council Meeting Agenda Item: Approval of the Phase 2 Professional Services Agreement with Taylor English Duma, LLP _____________________________________________________________________________________ Project Description: The City engaged Taylor English Duma in a Phase 1 contract to begin looking into the rewrite of Chapter 4 – Alcoholic Beverages in September 2019, which fell in fiscal year 2019, and was approved by Council at the September 23, 2019 Council meeting. Because this project straddled the 2019 and 2020 fiscal budgets, Phase 1 and Phase 2 are two separate contracts and budget items. This Professional Service Agreement is for Phase 2 of 2 of our engagement of Taylor English Duma, LLP to rewrite Chapter 4 – Alcoholic Beverages and the corresponding portions of Chapter 64 for consideration. They began their work in October 2019 and it is a budgeted item for fiscal year 2020. Procurement Summary: Purchasing method used: Professional Services Account Number: 1-7520-521200000 Requisition Total: $ 25,000 Financial Review: Bernadette Harvill, May 12, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, March 18, 2020 Attachment(s): Agreement DocuSign Envelope ID: A7AFC96F-7B05-4453-8A8D-5CBC25411EDE 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Revisions to Milton Code of Ordinances Regarding Alcoholic Beverages This Professional Services Agreement (“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, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), Taylor English Duma, LLP, a Georgia partnership, having its principal place of business at 1600 Parkwood Circle, Suite 400, Atlanta, Georgia 30339 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City previously retained Consultant to review, assess, and report on options for updating the City Code of Ordinances with respect to regulation of alcoholic beverages WHEREAS, City desires to further retain Consultant to implement certain recommended revisions to the Code of Ordinances, which is the Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: recommending revisions to and the drafting of Chapter 4 of the Milton Code of Ordinances and corresponding allowed uses in Chapter 64 of the Milton Code of Ordinances. (the “Project”). The Work to be completed under this Agreement (the “Work”) is more fully described in the Scope of Work provided in Exhibit “A”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed on or before June 1, 2020 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. 2 Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $25,000.00 (the “Maximum Contract Price”), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a lump sum fee. City agrees to pay Consultant for the Work upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed incurred shall be paid to Consultant upon City’s receipt and approval of invoice(s) submitted in two equal installments, the first being invoiced at the beginning of the Work, and the final being invoiced at the completion of the Work, along with all supporting documents required by the Agreement or requested by City to process the invoice. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. ______________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative , provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement . Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. RESERVED G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, Michele Stumpe/Sandra Webb 3 and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] ____ 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. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter , pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf o f a sub-consultant under x 4 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. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and /or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate agains t any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age, belief, political affiliation, or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consulta nt’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute , client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any v iolation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements 5 and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafti ng one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without inclu ding any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Sianat Print T Title: CONSULTANT: Taylor English Duma, LLP Signature~ Print Name: -- 6 (e, 1 Title: General Partner CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney By: Joe Lockwood, Mayor [CITY SEAL no EXHIBIT “A” t a I o r e n 1 1 s 11 Taylor English Duma LLP 1600 Parkwood Ode, Suite 400 Atlanta, Georgia .30339 YMain: 770.434.6868 Fax: 770.434.7376 taylorenglish.com Michele L. Stumpe Direct Dial: 678-336-7160 E-mail m i, - ,,, , September. 27, 2019 Via email: Saridi.Ladartilr-citvoliniltonga.us Attention: Sarah LaDart, Economic Development Manager City of Milton 2006 Heritage Walk Milton, GA 30004 Reference: Proposal for Recommendations and Drafting of Chapter 4 of Milton Code of Ordinances and corresponding allowed uses in Chapter 64 Dear Ms. LaDart: 'Taylor English Duma LLP is pleased to submit a proposal to make recommendations for and revisions to Chapter 4 of the Milton Code of Ordinances along with the portions of Chapter 64 needed to resolve inconsistencies with Chapter 4. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. PROJECT INFORMATION Project information was provided to us in recent correspondence and telephone conversations with ,you. We were provided with a Scope of Work as well as initial discussions about some of the difficulties and inefficiencies that have arisen as a result of inconsistencies, omissions or ambiguities in the current Chapter 4 of the Milton Code of Ordinances due to the evolution and growth of the City since the adoption of the existing ordinance. Having conducted an assessment of the issues to be resolved, we understand that the City would like to adopt a new alcoholic beverage ordinance to more adequately address the sale and provision of alcoholic beverages within the City. We also understand that there are inconsistencies between Chapters 4 and 64 of the ordinance that the City would also like to resolve in this project. PROPOSED APPROACH Based on our understanding of the project information, this proposal provides for drafting and revisions to Chapter 4 of the Milton Ordinance along with those portions of Chapter 64 that are inconsistent with Chapter 4. For this project, we propose that we would we will (1) consolidate the information gathered through the engagement and brainstorming sessions and present an. outline of a proposed revision to Chapter 4, (2) meet with staff and City Council to address any concerns or suggestions to the proposed outline and potentially revise said outline, (3) upon receipt of confirmation from Council that the proposed outline accurately reflects the topics to be addressed, draft a new Chapter 4 along with suggested recommendations for changes to the September 27, 2019 Page 2 portions of Chapter 64 that may need to be revised in order to resolve inconsistencies with Chapter 4, (4) participate in Ito 2 work sessions with Council and the City Attorney to address any concerns or necessary revisions, (5) prepare a final proposal for recommended changes to Chapter 4 and 64 as outlined above, and (6) participate in up to—2 public hearings on the proposed ordinance changes. We would ask that the City place the amendments to the ordinance early on the agendas of any such public hearing so as to avoid unnecessary time being spent by Taylor English attorneys. A licensed Georgia attorney with experience in alcohol ordinances -will direct and supervise our work. Based on the scope of this project as outlined above, we propose to complete this project for a lump sum fee of $25,000.00. We will contact you iminediately if we encounter issues that would require additional meetings with Staff, Stakeholders or Council that may be recommended but are outside the scope of this proposal. We appreciate this opportunity to offer our services, and we are looking forward to the assignment. Please call if you have any questions. Sin -fl-ely, Michele L. Stunipe,' Esq. EXHIBIT “B” SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/5/2020 CAC Specialty 250 Filmore, Suite 450 Denver, CO 80206 205.414.8100 205.414.8105 www.cacspecialty.com Indian Harbor Insurance Company 36940 Colony Insurance Company 39993 Starr Surplus Lines Insurance Company 13604 QBE Specialty Insurance Company 11515 A Primary Lawyers Professional Liab LPN 9035018 03 5/3/2020 5/3/2021 Limit $5,000,000 po $10,000,000 B Primary Lawyers Professional Liab LPL409357‐4 5/3/2020 5/3/2021 Limit $5,000,000 po $10,000,000 C 1st xs Lawyers Professional Liab SLSLPRX26635920 5/3/2020 5/3/2021 $10,000,000 x $10,000,000 Lisa Woodson CAC Specialty terry.wilson@cacspecialty.com D 2nd xs Lawyers Professional Liab 100006846 5/3/2020 5/3/2021 $5,000,000 x $20,000,000 Taylor English Duma LLP 1600 Parkwood Circle, Suite 200 Atlanta GA 30339 55357265 For Informational Purposes Only 55357265 | 20-21 LPL program | Lisa Woodson | 5/5/2020 2:57:50 PM (MDT) | Page 1 of 1 ��yy STATE OF OO () I(k EXHIBIT "C" � COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: X535 i1 Federal Work Authorization User Identification Number Iq �0 Date of Auth rization Taylor English Duma LLP Name of Contractor Review and Assessment of Milton Code of Ordinances Regarding Alcoholic Beverages Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is trup and correct. Executed on t6kot 9 , 20 in (city), C,1 (state). r, � ZT— Signature of Authorized OffOr or Agent Printed Name and Title cW A thorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE C DAY OF [NOTARY SEAL] My GGommissiExpires: �01N/11��1�����, UUP § 10-0 Z EXHIBIT “D” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Taylor English Duma, LLP (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work auth orization 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 Revision Recommendations and Drafting of Milton Code of Ordinances Regarding Alcoholic Beverages Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Plan Adoption Agreements for our Health Reimbursement Account (HRA) and our Flexible Spending Account (FSA) Contract with Basic Benefits MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 99F9C19F-C400-4F2D-A341-AA696058860C May 18, 2020 X X X X To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on May 12, 2020 for the May 18, 2020 Regular Council Meeting Agenda Item: Approval of Plan Adoption Agreements for our Health Reimbursement Account (HRA) and our Flexible Spending Account (FSA) Contract with Basic Benefits Department Recommendation: Approve the attached plan adoption agreement with Basic Benefits to administer our HRA and FSA as detailed in these documents. Executive Summary: In December 2019, the City Council approved an agreement with Basic to administer our plans, these documents were not included in the original item . Based on the advice of our City Attorney, while these are related, recommendation was made to approve these separately. Funding and Fiscal Impact: There are no additional costs. Alternatives: Other Council directed action. Legal Review: Sam VanVolkenburg, Jarrard and Davis. May 11, 2020. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Adoption Agreement DocuSign Envelope ID: B35A84C1-EC8D-4194-912A-567AB6F0A058 Copyright 2002-2020 BASIC pacific 1 ADOPTION AGREEMENT HEALTH REIMBURSEMENT PLAN The undersigned adopting employer hereby adopts this Plan. The Plan is intended to qualify as a health reimbursement arrangement under Code sections 106 and 105. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document and any related Appendix and Addendum to the Adoption Agreement. Unless otherwise indicated, all Section references are to Sections in the Basic Plan Document. COMPANY INFORMATION 1. Name of adopting employer (Plan Sponsor): City of Milton Georgia 2. Address: 2006 Heritage Walk 3. City: Milton 4.State: Georgia 5. Zip: 30004 6. Phone number: 678-242-2500 7. Fax number: __________-__________ 8. Plan Sponsor EIN: 51-0608862 9. Plan Sponsor fiscal year end: 12/31 10a. Plan Sponsor entity type: i. [ ] C Corporation ii. [ ] S Corporation iii. [ ] Non Profit Organization iv. [ ] Partnership v. [ ] Limited Liability Company vi. [ ] Limited Liability Partnership vii. [ ] Sole Proprietorship viii. [ ] Union ix. [ X ] Government Agency x. [ ] Other: __________ 10b. If 10a.viii (Union) is selected, enter name of the representative of the parties who established or maintain the Plan: __________ 11. State of organization of Plan Sponsor: Georgia 12a. The Plan Sponsor is a member of an affiliated service group: [ ] Yes [ X ] No 12b. If 12a is "Yes", list all members of the group (other than the Plan Sponsor): __________ 13a. The Plan Sponsor is a member of a controlled group: [ ] Yes [ X ] No 13b. If 13a is "Yes", list all members of the group (other than the Plan Sponsor): __________ PLAN INFORMATION A. GENERAL INFORMATION. 1. Plan Number: 502 2. Plan name: a. City of Milton Georgia b. Health Reimbursement Arrangement 3. Effective Date: 3a. Original effective date of Plan: 12/01/2019 3b. Is this a restatement of a previously-adopted plan: [ ] Yes [ X ] No 3c. If A.3b is "Yes", effective date of Plan restatement: __________. NOTE: If A.3b is "No", the Effective Date shall be the date specified in A.3a, otherwise the date specified in A.3c; provided, however, that when a provision of the Plan states another effective date, such stated specific effective date shall apply as to that provision. 4a. Plan Year means each 12-consecutive month period ending on 12/31 (e.g. December 31). If the Plan Year changes, any special provisions regarding a short Plan Year should be placed in the Addendum to the Adoption Agreement. Copyright 2002-2020 BASIC pacific 2 4b. The Plan has a short plan year: [ ] Yes [ X ] No 4c. If A.4b is "Yes", the short plan year begins __________ and ends on __________. 5. Is the Plan Subject to ERISA? [ X ] Yes [ ] No B. ELIGIBILITY. Other Company Benefit Plan 1a. An Employee is eligible to participate in the Plan under the same terms and conditions as under the Company benefit plan(s) specified in B.1b: i. [ X ] Yes - without limitation ii. [ ] Yes - with limitations and modifications described in B.1c iii. [ ] No 1b. If B.1a is not "No", enter name of other Company benefit plan(s): Cigna POS. 1c. If B.1a is " Yes - with limitations and modifications", describe limitations and/or modifications: __________. NOTE: If B.1a is not "No", the remainder of Section B is disregarded. Exclusions/Modifications If B.1a is "No", the term "Eligible Employee" shall not include (Check items B.2 - B.6a as appropriate): 2. [ ] Union. Any Employee who is included in a unit of Employees covered by a collective bargaining agreement, if benefits were the subject of good faith bargaining, and if the collective bargaining agreement does not provide for participation in this Plan. 3. [ ] Any leased employee. 4. [ ] Non-Resident Alien. Any Employee who is a non-resident alien who received no earned income (within the meaning of Code section 911(d)(2)) which constitutes income from services performed within the United States (within the meaning of Code section 861(a)(3)). 5. [ ] Part-time. Any Employee who is expected to work less than __________ hours per week. 6a. [ ] Other. Other Employees described in B.6b. 6b. If B.1a is "No", and B.6a is selected, describe other Employees excluded from definition of Eligible Employee: __________. NOTE: The Plan may not discriminate in favor of highly compensated employees (within the meaning of Code section 105(h)(5)) as to benefits provided or eligibility to participate. 7a. If B.1a is "No", allow immediate participation for all Eligible Employees employed on the date specified in B.7b: [ ] Yes [ ] No 7b. If B.1a is "No" and B.7a is "Yes", all Eligible Employees employed on __________ shall become eligible to participate in the Plan as of such date. 8a. If B.1a is "No", indicate whether the Plan will make any other revisions to the term "Eligible Employee": [ ] Yes [ ] No 8b. If B.1a is "No" and B.8a is "Yes", describe any further modifications to the term "Eligible Employee": __________. Service Requirements 10. If B.1a is "No", minimum age requirement for an Eligible Employee to become eligible to be a Participant in the Plan: __________ 11. If B.1a is "No", minimum service requirement for an Eligible Employee to become eligible to be a Participant in the Plan: i. [ ] None. ii. [ ] Completion of _____ hours of service. iii. [ ] Completion of _____ days of service. iv. [ ] Completion of _____ months of service. Copyright 2002-2020 BASIC pacific 3 v. [ ] Completion of _____ years of service. 12a. If B.1a is "No", frequency of entry dates: i. [ ] An Eligible Employee shall become a Participant in the Plan as soon as administratively feasible upon meeting the requirements of B.10 and B.11. ii. [ ] first day of each calendar month. iii. [ ] first day of each plan quarter. iv. [ ] first day of the first month and seventh month of the Plan Year. v. [ ] first day of the Plan Year. 12b. If B.1a is "No" and B.12.a.i (immediate entry) is not selected, an Eligible Employee shall become a Participant in the Plan on the entry date selected in B.12a that is: i. [ ] coincident with or next following ii. [ ] next following the date the requirements of B.10 and B.11 are met. 13a. If B.1a is "No", indicate whether the Plan will make any other revisions to the eligibility rules specified in B.10 - B.12: [ ] Yes [ ] No 13b. If B.1a is "No" and B.13a is "Yes", describe any further modifications to the eligibility rules specified in B.10 - B.12: __________. Former Employees 15a. Permit Eligible Employees to participate in the Plan after Termination (Section 3.03; See item C.10 to describe benefits available to former employees): i. [ ] Yes - all Eligible Employees are eligible to participate in the Plan after Termination. ii. [ ] Yes - selected Eligible Employees are eligible to participate in the Plan after Termination. iii. [ X ] No. 15b. If B.15a is "Yes - selected Eligible Employees are eligible to participate in the Plan after Termination", describe the Employees: __________. NOTE: The election in B.15 does not have an effect on COBRA coverage. C. BENEFITS Eligible Expenses 1a. Coverage under the Plan for Covered Persons is available for the following Eligible Expenses (Section 4.01): i. [ ] All allowable medical expenses. All medical expenses that are excludable from income under Code section 105(b). ii. [ ] Listed medical expenses. All medical expenses that are listed on an appendix to the Adoption Agreement and that are excludable from income under Code section 105(b). iii. [ X ] Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. iv. [ ] Health plan coinsurance. Only health plan coinsurance amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. v. [ ] Health plan deductibles and coinsurance. Only health plan deductibles and coinsurance amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. vi. [ ] Schedule of expenses. A schedule of allowable medical expenses under a Company-sponsored medical plan(s) (current or former) as provided in an appendix to the Adoption Agreement. NOTE: If C.1a.vi. is selected, the terms listed in the schedule of expenses shall be defined as provided in the relevant Company-sponsored medical plan. 1b. Are there any other modifications to the definition of Eligible Expenses: [ X ] Yes [ ] No 1c. If C.1b is "Yes", describe modifications to the definition of Eligible Expenses: Includes Rx - Cosmetic not eligible. Copyright 2002-2020 BASIC pacific 4 NOTE: The modifications listed in C.1c may not be inconsistent with expenses that are excludable from income under Code section 105(b). Covered Person 2a. The definition of Covered Person under the Plan shall include the following persons: i. [ ] Participant, spouse and dependents. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. ii. [ ] Persons covered under Company medical plan. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday, but only if such persons are also covered under the Company-sponsored benefit plan specified in C.2b. iii. [ X ] Participants Only. No spousal or dependent coverage. iv. [ ] Other. The persons described in C.2c. NOTE: The Plan Administrator may extend coverage for children until the end of the calendar year in which a child turns age 26. 2b. If C.2a is "Persons covered under Company medical plan", indicate the name of the Company-sponsored benefit plan: __________. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules, ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, and iii) children are covered under this Plan, all children up to their 26th birthday must be covered. 2c. If C.2a is "Other", indicate the definition of Covered Person: __________. NOTE: The definition in C.2c may not include anyone other than the Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules, ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, and iii) children are covered under this Plan, all children up to their 26th birthday must be covered. Health Reimbursement Account - Maximum Benefit 3a. If C.1a.vi is selected are the maximum annual amounts specified in the schedule of benefits? [ ] Yes [ ] No NOTE: If the maximum annual amount credited to a Participant's Health Reimbursement Account depends on the Company-sponsored benefit plan the Participant is enrolled in or the particular type of Eligible Expense, C.1a.vi (schedule of expenses) should be selected and C.3a should be "Yes" (the maximum annual amounts entered in the schedule of benefits apply to this Plan). 3b. Enter the maximum annual amount that will be credited to a Participant's Health Reimbursement Account in any Plan Year for the applicable coverage category (Section 4.01): i. One Covered Person (Participant only): $500 ii. Two Covered Persons (Participant plus one other Covered Person): __________ iii. More than two Covered Persons (Family coverage): __________ NOTE: If the Plan only provides for a single coverage level for all Participants, enter that coverage level in C.3b.i.- C.3b.iii. NOTE: The maximum annual amount is determined after any deductibles and coinsurance are calculated. For example, if the HRA pays the last $750 of a $1,000 plan deductible (after the Participant pays $250), C.3b.i should be "$750". 3c. FSA Failsafe. Limit the maximum annual benefit to 5 times the value of coverage and exclude long term care services: [ X ] Yes [ ] No NOTE: If C.3c is "Yes", the Plan is intended to be a flexible spending arrangement under Code section 106(c). Qualified long term care services as defined in Code section 7702B(c) are not an Eligible Expense Copyright 2002-2020 BASIC pacific 5 under the plan and the maximum amount of reimbursement available must be less than 5 times the value of such coverage. Health Reimbursement Account - Deductible 4. Enter the annual Health Reimbursement Account deductible in any Plan Year for the applicable coverage category: a. One Covered Person (Participant only): $0.00 b. Two Covered Persons (Participant plus one other Covered Person): $__________ c. More than two Covered Persons (Family coverage): $__________ NOTE: If the Plan only provides for a single deductible for all Participants, enter that coverage level in C.4a.- C.4c. NOTE: If the Participants are also covered by a Company-sponsored medical plan, enter the deductible that applies to this plan (the Health Reimbursement Plan), not the deductibles of the Company-sponsored plan. Any expenses covered by a Company-sponsored plan are not an Eligible Expense under this Plan (Section 4.01(c)). NOTE: If C.1a.vi (schedule of benefits) is selected, enter 0 (zero) if no annual deductible applies before the schedule of benefits is implemented. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules and ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, then the Plan must provide coverage without cost-sharing requirements for preventative care to the extent required under Treas. Reg. 54.9815-2713T (and any superseding guidance; up to the amount available under a Participant's Health Reimbursement Account). Health Reimbursement Account - Coinsurance 5. If C.1a.vi is not selected, once the HRA deductible is met (if any), indicate the level of coverage provided under the HRA until the annual amount under C.3 is met: __________ (for example, "50% of coinsurance/copayment amounts" or "100% of Eligible Expenses"). NOTE: If C.5 is left blank, once the HRA deductible is met (if any), the Plan will provide coverage for 100% of Eligible Expenses until the annual amount under C.3 is met, unless otherwise provided in the Adoption Agreement. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules and ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, then the Plan must provide coverage without cost-sharing requirements for preventative care to the extent required under Treas. Reg. 54.9815-2713T (and any superseding guidance; up to the amount available under a Participant's Health Reimbursement Account). Health Reimbursement Account - Procedures 6a. The amounts in C.3 shall be credited to the Participant's Health Reimbursement Account at the following times: i. [ X ] Beginning of Plan Year. The entire amount shall be credited at the beginning of the Plan Year. ii. [ ] Semi annually. One half of the amount shall be credited at the beginning of the Plan Year and on the first day of the seventh month of the Plan Year. iii. [ ] Quarterly. One fourth of the amount shall be credited at the beginning of each plan quarter. iv. [ ] Monthly. One twelfth of the amount shall be credited at the beginning of each calendar month during the Plan Year. v. [ ] Per payroll period. Amounts are credited each payroll period in an amount equal to the entire amount divided by the number of payroll periods. vi. [ ] Claims dependent. Accounts are credited and reimbursements are made as claims are made. 6b. If C.6a.vi is not selected and a Participant enters the Plan at a time other than the beginning of a period described in C.6a, the amounts credited to the Participant's Health Reimbursement Account for such period shall be reduced to reflect the time of actual participation in the applicable period: Copyright 2002-2020 BASIC pacific 6 [ ] Yes [ X ] No 6c. If C.6a.vi is not selected and if a change to the number of Covered Persons under C.2 affects the amount(s) credited to the Health Reimbursement Account at times other than that selected in C.6a, contributions to the Participant's Health Reimbursement Account will be prorated to accommodate the change: [ ] Yes [ X ] No - only future contributions affected NOTE: If you select "Yes", this may result in a forfeiture from a Participant's Account, or, if amounts have been credited from a Participant's Account in excess of prorated amounts, future contributions may be discontinued until the correct contribution amount is attained. 7a. The Plan allows a carryover of the balance in a Participant's Health Reimbursement Account to the next Plan Year: i. [ ] Yes. ii. [ ] Yes - but limited to the dollar amount specified in C.7b. iii. [ ] Yes - but limited to the multiple specified in C.7b of the maximum annual benefit specified in C.3. iv. [ X ] No. 7b. If C.7a is "Yes with limitations", enter the maximum dollar amount (or multiple of the maximum annual amount specified in C.3) that may be carried over to the next Plan Year: __________. NOTE: Enter a percentage if C.7a.iii is selected and the multiple is less than 1. Coordination with Other Plans 8. Describe method to coordinate coverage in the Plan with a Health Care Reimbursement Account ("HCRA") in a Company-sponsored cafeteria plan for expenses that are reimbursable under both this Plan and the cafeteria plan (Section 6.01(e)): i. [ X ] None. Plan is not used in conjunction with a Company-sponsored HCRA. ii. [ ] HRA first. A Participant shall not be entitled to payment/reimbursement under the HCRA until the Participant has received his or her maximum reimbursement under the Plan. iii. [ ] Cafeteria plan first. A Participant shall not be entitled to payment/reimbursement under this Plan until the Participant has received his or her maximum reimbursement under the HCRA. 9a. Describe method to coordinate coverage in the Plan with Health Savings Accounts (Section 6.01(j)): i. [ X ] None. Coverage in the Plan is not limited or the Plan is not used in conjunction with a Health Savings Account. ii. [ ] Permitted Coverage. Coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1), Rev. Rul. 2004-45 and Notice 2008-59). iii. [ ] Post Deductible Coverage. The Plan will not pay or reimburse any medical expense incurred before the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied pursuant to Notice 2008-59. iv. [ ] Both Permitted and Post Deductible Coverage. Until the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied, coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and Rev. Rul. 2004-45). The Plan will pay or reimburse all medical expenses otherwise allowed by the Plan incurred after the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied. v. [ ] Suspended HRA. A Participant may elect to forego coverage in the Plan except for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and permitted by Rev. Rul. 2004-45). 9b. If C.9a is not "None", the limitations shall apply to: i. [ ] All Participants. ii. [ ] Only Participants who are also eligible to participate in the high deductible health plan. iii. [ ] Only Participants who are also enrolled in the high deductible health plan. NOTE: If C.9a is "None" or C.9b is not "All Participants", eligibility for a Health Savings Account may be limited. Former Employees Copyright 2002-2020 BASIC pacific 7 10a. If B.15a is "Yes" (Eligible Employees may participate in the Plan after Termination), select what benefits the Employees described in B.15 are eligible for after Termination: i. [ ] Plan Year spend-down. Former employees may spend down the amount remaining in their Account through the end of the Plan Year or 90 days after Termination, whichever is later. ii. [ ] Other. As specified in C.10b. NOTE: If C.10a.i is selected, no new benefits will apply to Terminated participants. If you want to provide new benefits for Terminated Participants or other spend-down periods, select C.10a.ii and indicate what benefits Terminated Participants will receive and any restrictions on Eligible Expenses in C.10b. 10b. If C.10a.ii is selected, describe any unique Plan features that apply to the Employees described in B.15: __________. NOTE: The elections in C.10 will apply irrespective of whether employees are eligible for or elect COBRA coverage. NOTE: Unless otherwise specified in C.10b, Eligible Expenses, benefits and other Plan provisions will apply in the same manner to former employees as other Plan Participants. D. PLAN OPERATIONS Claims 1. Claims for reimbursement for an active Participant must be filed with the Plan Administrator (Section 6.01): i. [ ] within _____ days following the last day of each Plan Year. ii. [ X ] by March 31. 2a. The Plan provides for an earlier deadline for claims submission for Terminated Participants: [ X ] Yes [ ] No 2b. If D.2a is Yes, claims for reimbursement for a Terminated Participant must be filed with the Plan Administrator (Section 6.01): i. [ X ] within 90 days following Termination of employment. ii. [ ] by _____. 3. Indicate whether the Company will provide debit, credit, and/or other stored-value cards (Section 6.01(i)): [ ] Yes [ X ] No Plan Administrator 4a. Designation of Plan Administrator (Section 7.01): i. [ X ] Plan Sponsor ii. [ ] Committee appointed by Plan Sponsor iii. [ ] Other 4b. If D.4a.iii is selected, Name of Plan Administrator: __________ 5a. Type of indemnification for the Plan Administrator (Section 7.02): i. [ ] None - the Company will not indemnify the Plan Administrator. ii. [ X ] Standard as provided in Section 7.02. iii. [ ] Custom. 5b. If D.5a.iii (Custom) is selected, indemnification for the Plan Administrator is provided pursuant to an Addendum to the Adoption Agreement. State Law Rules 10a. If A.5 is "No" (non-ERISA Plan), is the Plan subject to other state law rules?: [ ] Yes [ ] No 10b. If A.5 is "No" (non-ERISA Plan) and D.10a is "Yes", enter any State law rules that apply to the Plan: _________. E. EFFECTIVE DATES Copyright 2002-2020 BASIC pacific 8 Use this Section to provide any effective dates for Plan provisions other than the Effective Date specified in A.3. F. EXECUTION PAGE Failure to properly fill out the Adoption Agreement may result in the failure of the Plan to achieve its intended tax consequences. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document #HRA and any related Appendix and Addendum to the Adoption Agreement. Additional participating employers may be specified in an addendum to the Adoption Agreement. The undersigned agree to be bound by the terms of this Adoption Agreement and Basic Plan Document and acknowledge receipt of same. The Plan Sponsor caused this Plan to be executed this _____ day of ________________, 2020. CITY OF MILTON GEORGIA: Signature:________________________________ Print Name: ______________________________ Title/Position:____________________________ Copyright 2002-2020 BASIC pacific 9 INTEGRATION ADDENDUM This addendum to the Plan is adopted to reflect "FAQs about Affordable Care Act Implementation Part XI," IRS Notice 2013-54, the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act (collectively, the Affordable Care Act). This addendum is intended as good faith compliance with the requirements of the Affordable Care Act and is to be construed in accordance with same. This addendum shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this addendum and the Affordable Care Act. NOTE: This addendum shall not modify the Plan with respect to former employees unless specifically noted below. 1. Other Company Group Health Plan a. The Company offers the following group health plan: Cigna POS (the "Company-sponsored Group Health Plan"). The Company-sponsored Group Health Plan does not consist solely of excepted benefits. b. Does the Company-sponsored Group Health Plan offer minimum value? (choose one) i. [X] Yes, the Company-sponsored Group Health Plan provides minimum value. ii. [ ] No, the Company-sponsored Group Health Plan does not provide minimum value. NOTE: "Minimum value" means minimum value as defined in Code section 36B(c)(2)(C)(ii) and any superseding guidance (generally means the Company-sponsored Group Health Plan covers at least 60% of total costs). 2. Eligible Employee and Enrollment a. An Employee is eligible to participate in the Plan if enrolled in (choose one) i. [X] the Company-sponsored Group Health Plan ii. [ ] a group health plan that offers minimum value iii. [ ] a group health plan even if that plan does not offer minimum value b. [ ] The following modifications apply to 2a: __________ c. An Eligible Employee will enter the plan and become a Participant in this Plan at the same time as the Company-sponsored Group Health Plan. [ ] The following modifications apply: __________ d. An Eligible Employee (or former employee) may opt out of the HRA during the same enrollment periods as the Company-sponsored Group Health Plan (choose at least one) i. [ ] on an annual basis ii. [ ] permanently and waive all future reimbursements from the HRA NOTE: 2a-d of this Amendment replaces and supersedes B.1-13 of the Adoption Agreement. NOTE: 2a.ii and 2a.iii would allow the other group health plan to be offered by a different employer (such as the employee's spouse's employer). NOTE: Eligibility to participate in the Plan if enrolled in a group health plan that offers minimum value (2a.ii) should generally only be selected if the Company-sponsored Group Health Plan provides minimum value (1b.i is selected). NOTE: 2b must comply with the Affordable Care Act. NOTE: If a change in group health plan coverage results in an individual no longer qualifying as an Eligible Employee, such Employee shall cease to be a Participant for purposes of Article 4 (or shall not become eligible to become a Participant) as of the effective date of such coverage change unless the Participant is a former employee eligible for former employee benefits. Copyright 2002-2020 BASIC pacific 10 NOTE: The Plan Administrator may establish deadlines and administrative procedures for opt outs. If an Eligible Employee opts out of the Plan on an annual basis, the Eligible Employee may not enter the HRA until the next Plan Year. 3. Eligible Expenses Coverage under the Plan for Covered Persons is available for the following Eligible Expenses: a. [ ] All allowable medical expenses. All medical expenses that are excludable from income under Code section 105(b). b. [X] Selected expenses. Choose one or more options below. i. [X] Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a group health plan covering the Participant. ii. [ ] Health plan coinsurance. Only health plan coinsurance/copay amounts that are otherwise payable by the Participant under a group health plan covering the Participant. iii. [ ] Group health plan premiums iv. [ ] Non-pediatric dental benefits v. [ ] Non-pediatric vision benefits c. [X] There are other modifications/exclusions to the definition of Eligible Expenses: Includes Rx - Cosmetic not eligible NOTE: 3a-c of this Amendment replaces and supersedes C.1a-c of the Adoption Agreement. NOTE: 3a may only be selected if the group health plan offered by the Company provides minimum value (1b.i is selected. NOTE: 3a may not be selected if employees are eligible to participate in this Plan when enrolled in a group health plan that plan does not offer minimum value (2a.iii is selected). NOTE: The modifications listed in 3c may not be inconsistent with expenses that are excludable from income under Code section 105(b) and the Affordable Care Act. Copyright 2002-2020 BASIC pacific 11 SPD MODIFICATIONS FOR THE INTEGRATION ADDENDUM Eligible Employee You are an "Eligible Employee" if you are enrolled in the Company health plan Cigna POS Date of Participation You will become a Participant eligible to receive benefits from the Plan upon your enrollment in the Company health plan . Opt Out/Dis-enrollment You may elect to opt out of Participation in this Plan on an annual basis/permanently. Any election to opt out must be returned to the Plan Administrator by the date specified on the form. If a change in group health plan coverage results in you no longer qualifying as an Eligible Employee for this Plan, your participation in this plan will cease as of the effective date of such coverage change. Eligible Expenses The Plan will reimburse all medical deductible expenses for Covered Persons that are excludable from income under the federal tax code / the following expenses: * Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a group health plan covering the Participant. Eligible Expenses are subject to the following modifications/exclusions: Includes Rx - Cosmetic not eligible Dollar limits on reimbursements and other limitations on reimbursements described in the Summary Plan Description continue to apply. Copyright 2002-2020 BASIC pacific 12 __________ WAIVER OF PARTICIPATION This form must be returned no later than __________ The City of Milton Georgia Health Reimbursement Arrangement (the "Plan") provides that a Plan participant may [irrevocably] waive participation in the Plan. I hereby waive participation in the Plan [ ] For the _____ Plan Year [ ] Permanently In making this waiver I understand and represent that: 1. I am giving up a valuable benefit. 2. My waiver of this benefit is irrevocable. Even if I change my mind, I will not be allowed to participate in the Plan at any time during the _____ Plan Year. 3. I am making this waiver before I first become eligible under the Plan. 4. I have been given ample time to read and consider this waiver. 5. I am giving this waiver freely and no one has pressured me into signing the waiver. Dated ___________________________, 2020. ________________________________ Participant Signature ________________________________ Print Participant Name Copyright 2002-2020 BASIC pacific 1 ADOPTION AGREEMENT CAFETERIA PLAN The undersigned adopting employer hereby adopts this Plan. The Plan is intended to qualify as a cafeteria plan under Code section 125. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document and any related Appendix and Addendum to the Adoption Agreement. Unless otherwise indicated, all Section references are to Sections in the Basic Plan Document. COMPANY INFORMATION 1. Name of adopting employer (Plan Sponsor): City of Milton Georgia 2. Address: 2006 Heritage Walk 3. City: Milton 4.State: Georgia 5. Zip: 30004 6. Phone number: 678-242-2500 7. Fax number: __________-__________ 8. Plan Sponsor EIN: 51-0608862 9. Plan Sponsor fiscal year end: 12/31 10a. Plan Sponsor entity type: i. [ ] C Corporation ii. [ ] S Corporation iii. [ ] Non Profit Organization iv. [ ] Partnership v. [ ] Limited Liability Company vi. [ ] Limited Liability Partnership vii. [ ] Sole Proprietorship viii. [ ] Union ix. [ X ] Government Agency x. [ ] Other: __________ 10b. If 10a.viii (Union) is selected, enter name of the representative of the parties who established or maintain the Plan: __________ 11. State of organization of Plan Sponsor: Georgia 12a. The Plan Sponsor is a member of an affiliated service group: [ ] Yes [ X ] No 12b. If 12a is "Yes", list all members of the group (other than the Plan Sponsor): __________ 13a. The Plan Sponsor is a member of a controlled group: [ ] Yes [ X ] No 13b. If 13a is "Yes", list all members of the group (other than the Plan Sponsor): __________ PLAN INFORMATION A. GENERAL INFORMATION. 1. Plan Number: 502 2. Plan name: a. City of Milton Georgia b. Flexible Spending Account 3. Effective Date: 3a. Original effective date of Plan: January 1, 2019 3b. Is this a restatement of a previously-adopted plan? [ X ] Yes [ ] No 3c. If A.3b is "Yes", effective date of Plan restatement: January 1, 2020 NOTE: If A.3b is "No", the Effective Date shall be the date specified in A.3a, otherwise the date specified in A.3c; provided, however, that when a provision of the Plan states another effective date, such stated specific effective date shall apply as to that provision. Copyright 2002-2020 BASIC pacific 1 ADOPTION AGREEMENT HEALTH REIMBURSEMENT PLAN The undersigned adopting employer hereby adopts this Plan. The Plan is intended to qualify as a health reimbursement arrangement under Code sections 106 and 105. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document and any related Appendix and Addendum to the Adoption Agreement. Unless otherwise indicated, all Section references are to Sections in the Basic Plan Document. COMPANY INFORMATION 1. Name of adopting employer (Plan Sponsor): City of Milton Georgia 2. Address: 2006 Heritage Walk 3. City: Milton 4.State: Georgia 5. Zip: 30004 6. Phone number: 678-242-2500 7. Fax number: __________-__________ 8. Plan Sponsor EIN: 51-0608862 9. Plan Sponsor fiscal year end: 12/31 10a. Plan Sponsor entity type: i. [ ] C Corporation ii. [ ] S Corporation iii. [ ] Non Profit Organization iv. [ ] Partnership v. [ ] Limited Liability Company vi. [ ] Limited Liability Partnership vii. [ ] Sole Proprietorship viii. [ ] Union ix. [ X ] Government Agency x. [ ] Other: __________ 10b. If 10a.viii (Union) is selected, enter name of the representative of the parties who established or maintain the Plan: __________ 11. State of organization of Plan Sponsor: Georgia 12a. The Plan Sponsor is a member of an affiliated service group: [ ] Yes [ X ] No 12b. If 12a is "Yes", list all members of the group (other than the Plan Sponsor): __________ 13a. The Plan Sponsor is a member of a controlled group: [ ] Yes [ X ] No 13b. If 13a is "Yes", list all members of the group (other than the Plan Sponsor): __________ PLAN INFORMATION A. GENERAL INFORMATION. 1. Plan Number: 502 2. Plan name: a. City of Milton Georgia b. Health Reimbursement Arrangement 3. Effective Date: 3a. Original effective date of Plan: 12/01/2019 3b. Is this a restatement of a previously-adopted plan: [ ] Yes [ X ] No 3c. If A.3b is "Yes", effective date of Plan restatement: __________. NOTE: If A.3b is "No", the Effective Date shall be the date specified in A.3a, otherwise the date specified in A.3c; provided, however, that when a provision of the Plan states another effective date, such stated specific effective date shall apply as to that provision. 4a. Plan Year means each 12-consecutive month period ending on 12/31 (e.g. December 31). If the Plan Year changes, any special provisions regarding a short Plan Year should be placed in the Addendum to the Adoption Agreement. Copyright 2002-2020 BASIC pacific 2 4b. The Plan has a short plan year: [ ] Yes [ X ] No 4c. If A.4b is "Yes", the short plan year begins __________ and ends on __________. 5. Is the Plan Subject to ERISA? [ X ] Yes [ ] No B. ELIGIBILITY. Other Company Benefit Plan 1a. An Employee is eligible to participate in the Plan under the same terms and conditions as under the Company benefit plan(s) specified in B.1b: i. [ X ] Yes - without limitation ii. [ ] Yes - with limitations and modifications described in B.1c iii. [ ] No 1b. If B.1a is not "No", enter name of other Company benefit plan(s): Cigna POS. 1c. If B.1a is " Yes - with limitations and modifications", describe limitations and/or modifications: __________. NOTE: If B.1a is not "No", the remainder of Section B is disregarded. Exclusions/Modifications If B.1a is "No", the term "Eligible Employee" shall not include (Check items B.2 - B.6a as appropriate): 2. [ ] Union. Any Employee who is included in a unit of Employees covered by a collective bargaining agreement, if benefits were the subject of good faith bargaining, and if the collective bargaining agreement does not provide for participation in this Plan. 3. [ ] Any leased employee. 4. [ ] Non-Resident Alien. Any Employee who is a non-resident alien who received no earned income (within the meaning of Code section 911(d)(2)) which constitutes income from services performed within the United States (within the meaning of Code section 861(a)(3)). 5. [ ] Part-time. Any Employee who is expected to work less than __________ hours per week. 6a. [ ] Other. Other Employees described in B.6b. 6b. If B.1a is "No", and B.6a is selected, describe other Employees excluded from definition of Eligible Employee: __________. NOTE: The Plan may not discriminate in favor of highly compensated employees (within the meaning of Code section 105(h)(5)) as to benefits provided or eligibility to participate. 7a. If B.1a is "No", allow immediate participation for all Eligible Employees employed on the date specified in B.7b: [ ] Yes [ ] No 7b. If B.1a is "No" and B.7a is "Yes", all Eligible Employees employed on __________ shall become eligible to participate in the Plan as of such date. 8a. If B.1a is "No", indicate whether the Plan will make any other revisions to the term "Eligible Employee": [ ] Yes [ ] No 8b. If B.1a is "No" and B.8a is "Yes", describe any further modifications to the term "Eligible Employee": __________. Service Requirements 10. If B.1a is "No", minimum age requirement for an Eligible Employee to become eligible to be a Participant in the Plan: __________ 11. If B.1a is "No", minimum service requirement for an Eligible Employee to become eligible to be a Participant in the Plan: i. [ ] None. ii. [ ] Completion of _____ hours of service. iii. [ ] Completion of _____ days of service. iv. [ ] Completion of _____ months of service. Copyright 2002-2020 BASIC pacific 3 v. [ ] Completion of _____ years of service. 12a. If B.1a is "No", frequency of entry dates: i. [ ] An Eligible Employee shall become a Participant in the Plan as soon as administratively feasible upon meeting the requirements of B.10 and B.11. ii. [ ] first day of each calendar month. iii. [ ] first day of each plan quarter. iv. [ ] first day of the first month and seventh month of the Plan Year. v. [ ] first day of the Plan Year. 12b. If B.1a is "No" and B.12.a.i (immediate entry) is not selected, an Eligible Employee shall become a Participant in the Plan on the entry date selected in B.12a that is: i. [ ] coincident with or next following ii. [ ] next following the date the requirements of B.10 and B.11 are met. 13a. If B.1a is "No", indicate whether the Plan will make any other revisions to the eligibility rules specified in B.10 - B.12: [ ] Yes [ ] No 13b. If B.1a is "No" and B.13a is "Yes", describe any further modifications to the eligibility rules specified in B.10 - B.12: __________. Former Employees 15a. Permit Eligible Employees to participate in the Plan after Termination (Section 3.03; See item C.10 to describe benefits available to former employees): i. [ ] Yes - all Eligible Employees are eligible to participate in the Plan after Termination. ii. [ ] Yes - selected Eligible Employees are eligible to participate in the Plan after Termination. iii. [ X ] No. 15b. If B.15a is "Yes - selected Eligible Employees are eligible to participate in the Plan after Termination", describe the Employees: __________. NOTE: The election in B.15 does not have an effect on COBRA coverage. C. BENEFITS Eligible Expenses 1a. Coverage under the Plan for Covered Persons is available for the following Eligible Expenses (Section 4.01): i. [ ] All allowable medical expenses. All medical expenses that are excludable from income under Code section 105(b). ii. [ ] Listed medical expenses. All medical expenses that are listed on an appendix to the Adoption Agreement and that are excludable from income under Code section 105(b). iii. [ X ] Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. iv. [ ] Health plan coinsurance. Only health plan coinsurance amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. v. [ ] Health plan deductibles and coinsurance. Only health plan deductibles and coinsurance amounts that are otherwise payable by the Participant under a Company-sponsored medical plan covering the Participant. vi. [ ] Schedule of expenses. A schedule of allowable medical expenses under a Company-sponsored medical plan(s) (current or former) as provided in an appendix to the Adoption Agreement. NOTE: If C.1a.vi. is selected, the terms listed in the schedule of expenses shall be defined as provided in the relevant Company-sponsored medical plan. 1b. Are there any other modifications to the definition of Eligible Expenses: [ X ] Yes [ ] No 1c. If C.1b is "Yes", describe modifications to the definition of Eligible Expenses: Includes Rx - Cosmetic not eligible. Copyright 2002-2020 BASIC pacific 4 NOTE: The modifications listed in C.1c may not be inconsistent with expenses that are excludable from income under Code section 105(b). Covered Person 2a. The definition of Covered Person under the Plan shall include the following persons: i. [ ] Participant, spouse and dependents. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. ii. [ ] Persons covered under Company medical plan. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday, but only if such persons are also covered under the Company-sponsored benefit plan specified in C.2b. iii. [ X ] Participants Only. No spousal or dependent coverage. iv. [ ] Other. The persons described in C.2c. NOTE: The Plan Administrator may extend coverage for children until the end of the calendar year in which a child turns age 26. 2b. If C.2a is "Persons covered under Company medical plan", indicate the name of the Company-sponsored benefit plan: __________. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules, ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, and iii) children are covered under this Plan, all children up to their 26th birthday must be covered. 2c. If C.2a is "Other", indicate the definition of Covered Person: __________. NOTE: The definition in C.2c may not include anyone other than the Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules, ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, and iii) children are covered under this Plan, all children up to their 26th birthday must be covered. Health Reimbursement Account - Maximum Benefit 3a. If C.1a.vi is selected are the maximum annual amounts specified in the schedule of benefits? [ ] Yes [ ] No NOTE: If the maximum annual amount credited to a Participant's Health Reimbursement Account depends on the Company-sponsored benefit plan the Participant is enrolled in or the particular type of Eligible Expense, C.1a.vi (schedule of expenses) should be selected and C.3a should be "Yes" (the maximum annual amounts entered in the schedule of benefits apply to this Plan). 3b. Enter the maximum annual amount that will be credited to a Participant's Health Reimbursement Account in any Plan Year for the applicable coverage category (Section 4.01): i. One Covered Person (Participant only): $500 ii. Two Covered Persons (Participant plus one other Covered Person): __________ iii. More than two Covered Persons (Family coverage): __________ NOTE: If the Plan only provides for a single coverage level for all Participants, enter that coverage level in C.3b.i.- C.3b.iii. NOTE: The maximum annual amount is determined after any deductibles and coinsurance are calculated. For example, if the HRA pays the last $750 of a $1,000 plan deductible (after the Participant pays $250), C.3b.i should be "$750". 3c. FSA Failsafe. Limit the maximum annual benefit to 5 times the value of coverage and exclude long term care services: [ X ] Yes [ ] No NOTE: If C.3c is "Yes", the Plan is intended to be a flexible spending arrangement under Code section 106(c). Qualified long term care services as defined in Code section 7702B(c) are not an Eligible Expense Copyright 2002-2020 BASIC pacific 5 under the plan and the maximum amount of reimbursement available must be less than 5 times the value of such coverage. Health Reimbursement Account - Deductible 4. Enter the annual Health Reimbursement Account deductible in any Plan Year for the applicable coverage category: a. One Covered Person (Participant only): $0.00 b. Two Covered Persons (Participant plus one other Covered Person): $__________ c. More than two Covered Persons (Family coverage): $__________ NOTE: If the Plan only provides for a single deductible for all Participants, enter that coverage level in C.4a.- C.4c. NOTE: If the Participants are also covered by a Company-sponsored medical plan, enter the deductible that applies to this plan (the Health Reimbursement Plan), not the deductibles of the Company-sponsored plan. Any expenses covered by a Company-sponsored plan are not an Eligible Expense under this Plan (Section 4.01(c)). NOTE: If C.1a.vi (schedule of benefits) is selected, enter 0 (zero) if no annual deductible applies before the schedule of benefits is implemented. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules and ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, then the Plan must provide coverage without cost-sharing requirements for preventative care to the extent required under Treas. Reg. 54.9815-2713T (and any superseding guidance; up to the amount available under a Participant's Health Reimbursement Account). Health Reimbursement Account - Coinsurance 5. If C.1a.vi is not selected, once the HRA deductible is met (if any), indicate the level of coverage provided under the HRA until the annual amount under C.3 is met: __________ (for example, "50% of coinsurance/copayment amounts" or "100% of Eligible Expenses"). NOTE: If C.5 is left blank, once the HRA deductible is met (if any), the Plan will provide coverage for 100% of Eligible Expenses until the annual amount under C.3 is met, unless otherwise provided in the Adoption Agreement. NOTE: If i) the Plan constitutes a group health plan as defined in Treas. Reg. section 54.9801-2 or if the Plan Administrator determines that the Plan is subject to HIPAA portability rules and ii) the Plan is not a grandfathered health plan under the Patient Protection and Affordable Care Act, then the Plan must provide coverage without cost-sharing requirements for preventative care to the extent required under Treas. Reg. 54.9815-2713T (and any superseding guidance; up to the amount available under a Participant's Health Reimbursement Account). Health Reimbursement Account - Procedures 6a. The amounts in C.3 shall be credited to the Participant's Health Reimbursement Account at the following times: i. [ X ] Beginning of Plan Year. The entire amount shall be credited at the beginning of the Plan Year. ii. [ ] Semi annually. One half of the amount shall be credited at the beginning of the Plan Year and on the first day of the seventh month of the Plan Year. iii. [ ] Quarterly. One fourth of the amount shall be credited at the beginning of each plan quarter. iv. [ ] Monthly. One twelfth of the amount shall be credited at the beginning of each calendar month during the Plan Year. v. [ ] Per payroll period. Amounts are credited each payroll period in an amount equal to the entire amount divided by the number of payroll periods. vi. [ ] Claims dependent. Accounts are credited and reimbursements are made as claims are made. 6b. If C.6a.vi is not selected and a Participant enters the Plan at a time other than the beginning of a period described in C.6a, the amounts credited to the Participant's Health Reimbursement Account for such period shall be reduced to reflect the time of actual participation in the applicable period: Copyright 2002-2020 BASIC pacific 6 [ ] Yes [ X ] No 6c. If C.6a.vi is not selected and if a change to the number of Covered Persons under C.2 affects the amount(s) credited to the Health Reimbursement Account at times other than that selected in C.6a, contributions to the Participant's Health Reimbursement Account will be prorated to accommodate the change: [ ] Yes [ X ] No - only future contributions affected NOTE: If you select "Yes", this may result in a forfeiture from a Participant's Account, or, if amounts have been credited from a Participant's Account in excess of prorated amounts, future contributions may be discontinued until the correct contribution amount is attained. 7a. The Plan allows a carryover of the balance in a Participant's Health Reimbursement Account to the next Plan Year: i. [ ] Yes. ii. [ ] Yes - but limited to the dollar amount specified in C.7b. iii. [ ] Yes - but limited to the multiple specified in C.7b of the maximum annual benefit specified in C.3. iv. [ X ] No. 7b. If C.7a is "Yes with limitations", enter the maximum dollar amount (or multiple of the maximum annual amount specified in C.3) that may be carried over to the next Plan Year: __________. NOTE: Enter a percentage if C.7a.iii is selected and the multiple is less than 1. Coordination with Other Plans 8. Describe method to coordinate coverage in the Plan with a Health Care Reimbursement Account ("HCRA") in a Company-sponsored cafeteria plan for expenses that are reimbursable under both this Plan and the cafeteria plan (Section 6.01(e)): i. [ X ] None. Plan is not used in conjunction with a Company-sponsored HCRA. ii. [ ] HRA first. A Participant shall not be entitled to payment/reimbursement under the HCRA until the Participant has received his or her maximum reimbursement under the Plan. iii. [ ] Cafeteria plan first. A Participant shall not be entitled to payment/reimbursement under this Plan until the Participant has received his or her maximum reimbursement under the HCRA. 9a. Describe method to coordinate coverage in the Plan with Health Savings Accounts (Section 6.01(j)): i. [ X ] None. Coverage in the Plan is not limited or the Plan is not used in conjunction with a Health Savings Account. ii. [ ] Permitted Coverage. Coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1), Rev. Rul. 2004-45 and Notice 2008-59). iii. [ ] Post Deductible Coverage. The Plan will not pay or reimburse any medical expense incurred before the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied pursuant to Notice 2008-59. iv. [ ] Both Permitted and Post Deductible Coverage. Until the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied, coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and Rev. Rul. 2004-45). The Plan will pay or reimburse all medical expenses otherwise allowed by the Plan incurred after the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied. v. [ ] Suspended HRA. A Participant may elect to forego coverage in the Plan except for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and permitted by Rev. Rul. 2004-45). 9b. If C.9a is not "None", the limitations shall apply to: i. [ ] All Participants. ii. [ ] Only Participants who are also eligible to participate in the high deductible health plan. iii. [ ] Only Participants who are also enrolled in the high deductible health plan. NOTE: If C.9a is "None" or C.9b is not "All Participants", eligibility for a Health Savings Account may be limited. Former Employees Copyright 2002-2020 BASIC pacific 7 10a. If B.15a is "Yes" (Eligible Employees may participate in the Plan after Termination), select what benefits the Employees described in B.15 are eligible for after Termination: i. [ ] Plan Year spend-down. Former employees may spend down the amount remaining in their Account through the end of the Plan Year or 90 days after Termination, whichever is later. ii. [ ] Other. As specified in C.10b. NOTE: If C.10a.i is selected, no new benefits will apply to Terminated participants. If you want to provide new benefits for Terminated Participants or other spend-down periods, select C.10a.ii and indicate what benefits Terminated Participants will receive and any restrictions on Eligible Expenses in C.10b. 10b. If C.10a.ii is selected, describe any unique Plan features that apply to the Employees described in B.15: __________. NOTE: The elections in C.10 will apply irrespective of whether employees are eligible for or elect COBRA coverage. NOTE: Unless otherwise specified in C.10b, Eligible Expenses, benefits and other Plan provisions will apply in the same manner to former employees as other Plan Participants. D. PLAN OPERATIONS Claims 1. Claims for reimbursement for an active Participant must be filed with the Plan Administrator (Section 6.01): i. [ ] within _____ days following the last day of each Plan Year. ii. [ X ] by March 31. 2a. The Plan provides for an earlier deadline for claims submission for Terminated Participants: [ X ] Yes [ ] No 2b. If D.2a is Yes, claims for reimbursement for a Terminated Participant must be filed with the Plan Administrator (Section 6.01): i. [ X ] within 90 days following Termination of employment. ii. [ ] by _____. 3. Indicate whether the Company will provide debit, credit, and/or other stored-value cards (Section 6.01(i)): [ ] Yes [ X ] No Plan Administrator 4a. Designation of Plan Administrator (Section 7.01): i. [ X ] Plan Sponsor ii. [ ] Committee appointed by Plan Sponsor iii. [ ] Other 4b. If D.4a.iii is selected, Name of Plan Administrator: __________ 5a. Type of indemnification for the Plan Administrator (Section 7.02): i. [ ] None - the Company will not indemnify the Plan Administrator. ii. [ X ] Standard as provided in Section 7.02. iii. [ ] Custom. 5b. If D.5a.iii (Custom) is selected, indemnification for the Plan Administrator is provided pursuant to an Addendum to the Adoption Agreement. State Law Rules 10a. If A.5 is "No" (non-ERISA Plan), is the Plan subject to other state law rules?: [ ] Yes [ ] No 10b. If A.5 is "No" (non-ERISA Plan) and D.10a is "Yes", enter any State law rules that apply to the Plan: _________. E. EFFECTIVE DATES Copyright 2002-2020 BASIC pacific 8 Use this Section to provide any effective dates for Plan provisions other than the Effective Date specified in A.3. F. EXECUTION PAGE Failure to properly fill out the Adoption Agreement may result in the failure of the Plan to achieve its intended tax consequences. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document #HRA and any related Appendix and Addendum to the Adoption Agreement. Additional participating employers may be specified in an addendum to the Adoption Agreement. The undersigned agree to be bound by the terms of this Adoption Agreement and Basic Plan Document and acknowledge receipt of same. The Plan Sponsor caused this Plan to be executed this _____ day of ________________, 2020. CITY OF MILTON GEORGIA: Signature:________________________________ Print Name: ______________________________ Title/Position:____________________________ Copyright 2002-2020 BASIC pacific 9 INTEGRATION ADDENDUM This addendum to the Plan is adopted to reflect "FAQs about Affordable Care Act Implementation Part XI," IRS Notice 2013-54, the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act (collectively, the Affordable Care Act). This addendum is intended as good faith compliance with the requirements of the Affordable Care Act and is to be construed in accordance with same. This addendum shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this addendum and the Affordable Care Act. NOTE: This addendum shall not modify the Plan with respect to former employees unless specifically noted below. 1. Other Company Group Health Plan a. The Company offers the following group health plan: Cigna POS (the "Company-sponsored Group Health Plan"). The Company-sponsored Group Health Plan does not consist solely of excepted benefits. b. Does the Company-sponsored Group Health Plan offer minimum value? (choose one) i. [X] Yes, the Company-sponsored Group Health Plan provides minimum value. ii. [ ] No, the Company-sponsored Group Health Plan does not provide minimum value. NOTE: "Minimum value" means minimum value as defined in Code section 36B(c)(2)(C)(ii) and any superseding guidance (generally means the Company-sponsored Group Health Plan covers at least 60% of total costs). 2. Eligible Employee and Enrollment a. An Employee is eligible to participate in the Plan if enrolled in (choose one) i. [X] the Company-sponsored Group Health Plan ii. [ ] a group health plan that offers minimum value iii. [ ] a group health plan even if that plan does not offer minimum value b. [ ] The following modifications apply to 2a: __________ c. An Eligible Employee will enter the plan and become a Participant in this Plan at the same time as the Company-sponsored Group Health Plan. [ ] The following modifications apply: __________ d. An Eligible Employee (or former employee) may opt out of the HRA during the same enrollment periods as the Company-sponsored Group Health Plan (choose at least one) i. [ ] on an annual basis ii. [ ] permanently and waive all future reimbursements from the HRA NOTE: 2a-d of this Amendment replaces and supersedes B.1-13 of the Adoption Agreement. NOTE: 2a.ii and 2a.iii would allow the other group health plan to be offered by a different employer (such as the employee's spouse's employer). NOTE: Eligibility to participate in the Plan if enrolled in a group health plan that offers minimum value (2a.ii) should generally only be selected if the Company-sponsored Group Health Plan provides minimum value (1b.i is selected). NOTE: 2b must comply with the Affordable Care Act. NOTE: If a change in group health plan coverage results in an individual no longer qualifying as an Eligible Employee, such Employee shall cease to be a Participant for purposes of Article 4 (or shall not become eligible to become a Participant) as of the effective date of such coverage change unless the Participant is a former employee eligible for former employee benefits. Copyright 2002-2020 BASIC pacific 10 NOTE: The Plan Administrator may establish deadlines and administrative procedures for opt outs. If an Eligible Employee opts out of the Plan on an annual basis, the Eligible Employee may not enter the HRA until the next Plan Year. 3. Eligible Expenses Coverage under the Plan for Covered Persons is available for the following Eligible Expenses: a. [ ] All allowable medical expenses. All medical expenses that are excludable from income under Code section 105(b). b. [X] Selected expenses. Choose one or more options below. i. [X] Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a group health plan covering the Participant. ii. [ ] Health plan coinsurance. Only health plan coinsurance/copay amounts that are otherwise payable by the Participant under a group health plan covering the Participant. iii. [ ] Group health plan premiums iv. [ ] Non-pediatric dental benefits v. [ ] Non-pediatric vision benefits c. [X] There are other modifications/exclusions to the definition of Eligible Expenses: Includes Rx - Cosmetic not eligible NOTE: 3a-c of this Amendment replaces and supersedes C.1a-c of the Adoption Agreement. NOTE: 3a may only be selected if the group health plan offered by the Company provides minimum value (1b.i is selected. NOTE: 3a may not be selected if employees are eligible to participate in this Plan when enrolled in a group health plan that plan does not offer minimum value (2a.iii is selected). NOTE: The modifications listed in 3c may not be inconsistent with expenses that are excludable from income under Code section 105(b) and the Affordable Care Act. Copyright 2002-2020 BASIC pacific 11 SPD MODIFICATIONS FOR THE INTEGRATION ADDENDUM Eligible Employee You are an "Eligible Employee" if you are enrolled in the Company health plan Cigna POS Date of Participation You will become a Participant eligible to receive benefits from the Plan upon your enrollment in the Company health plan . Opt Out/Dis-enrollment You may elect to opt out of Participation in this Plan on an annual basis/permanently. Any election to opt out must be returned to the Plan Administrator by the date specified on the form. If a change in group health plan coverage results in you no longer qualifying as an Eligible Employee for this Plan, your participation in this plan will cease as of the effective date of such coverage change. Eligible Expenses The Plan will reimburse all medical deductible expenses for Covered Persons that are excludable from income under the federal tax code / the following expenses: * Health plan deductibles. Only health plan deductible amounts that are otherwise payable by the Participant under a group health plan covering the Participant. Eligible Expenses are subject to the following modifications/exclusions: Includes Rx - Cosmetic not eligible Dollar limits on reimbursements and other limitations on reimbursements described in the Summary Plan Description continue to apply. Copyright 2002-2020 BASIC pacific 12 __________ WAIVER OF PARTICIPATION This form must be returned no later than __________ The City of Milton Georgia Health Reimbursement Arrangement (the "Plan") provides that a Plan participant may [irrevocably] waive participation in the Plan. I hereby waive participation in the Plan [ ] For the _____ Plan Year [ ] Permanently In making this waiver I understand and represent that: 1. I am giving up a valuable benefit. 2. My waiver of this benefit is irrevocable. Even if I change my mind, I will not be allowed to participate in the Plan at any time during the _____ Plan Year. 3. I am making this waiver before I first become eligible under the Plan. 4. I have been given ample time to read and consider this waiver. 5. I am giving this waiver freely and no one has pressured me into signing the waiver. Dated ___________________________, 2020. ________________________________ Participant Signature ________________________________ Print Participant Name Copyright 2002-2020 BASIC pacific 2 4a. Plan Year means each 12-consecutive month period ending on December 31 (e.g. December 31). If the Plan Year changes, any special provisions regarding a short Plan Year should be placed in the Addendum to the Adoption Agreement. 4b. The Plan has a short plan year: [ ] Yes [ X ] No 4c. If A.4b is "Yes", the short plan year begins __________ and ends on __________. 5. Is the Plan Subject to ERISA? [ X ] Yes [ ] No Plan Features 10a. Premium Conversion Account. Contributions to fund a Premium Conversion Account are permitted (Section 4.01) (If "No", questions regarding Premium Conversion Accounts are disregarded.): [ X ] Yes [ ] No 10b. If A.10a is "Yes", select the types of Contracts for which a Participant may seek reimbursement under Section 4.01: i. [ X ] Employer Group Medical ii. [ X ] Employer Dental iii. [ X ] Employer Vision iv. [ ] Employer Disability v. [ ] Employer Group Term Life vi. [ ] Individually - Owned Dental vii. [ ] Individually - Owned Vision viii. [ ] Individually - Owned Disability ix. [ ] Other 10c. If A.10a is "Yes" and A.10b.ix (other contracts) is selected, describe other types of Contracts: __________. 11a. Health Care Reimbursement Account. Contributions to fund a Health Care Reimbursement Account are permitted (Section 4.02) (If "No", questions regarding Health Care Reimbursement Accounts are disregarded.): [ X ] Yes [ ] No 11b. HSA Account. Contributions to fund an HSA Account are permitted (Section 4.08): [ X ] Yes [ ] No 12. Dependent Care Assistance Account. Contributions to fund a Dependent Care Assistance Account are permitted (Section 4.03) (If "No", questions regarding Dependent Care Assistance Accounts are disregarded.): [ X ] Yes [ ] No NOTE: The maximum amount of expense that may be contributed/reimbursed in any Plan Year for the Dependent Care Assistance Account is the maximum amount permitted by federal tax law ($5,000 or $2,500 if the Participant is married and filing a separate federal tax return). 13. Adoption Assistance Account. Contributions to fund an Adoption Assistance Account are permitted. (Section 4.04) (If "No", questions regarding Adoption Assistance Accounts are disregarded.): [ ] Yes [ X ] No NOTE: The maximum amount of expense that may be contributed/reimbursed for the Adoption Assistance Account is the maximum amount permitted by federal tax law for the prior year ($14,300 for 2020). The annual limit shall be reduced for adoption assistance expenses incurred any prior Plan Year. Simple Cafeteria Plan 15. Is the Plan a simple cafeteria plan as defined in Code section 125(j): [ ] Yes [ X ] No NOTE: In order to be a simple cafeteria plan, the Employer must be an eligible employer (as defined in Code section 125(j)(5)) and the Plan must meet certain contribution, eligibility and participation requirements. Copyright 2002-2020 BASIC pacific 3 B. ELIGIBILITY. Exclusions/Modifications The term "Eligible Employee" shall not include (Check items B.1 - B.5a as appropriate): NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), B.2 may not be selected and B.4 and B.5a may be selected only to the extent that the provisions do not violate the requirements on Code section 125(j). 1. [ X ] Union. Any Employee who is included in a unit of Employees covered by a collective bargaining agreement, if benefits were the subject of good faith bargaining, and if the collective bargaining agreement does not provide for participation in this Plan. 2. [ X ] Any leased employee. 3. [ X ] Non-Resident Alien. Any Employee who is a non-resident alien who received no earned income (within the meaning of Code section 911(d)(2)) which constitutes income from services performed within the United States (within the meaning of Code section 861(a)(3)). 4. [ X ] Part-time. Any Employee who is expected to work less than 30 hours per week. 5a. [ X ] Other. Other Employees described in B.5b (any exclusion must satisfy Code section 125(g) and the requirements under Section 5.01). 5b. If B.5a is selected, describe other Employees excluded from definition of Eligible Employee: A temporary employee. 6a. Allow immediate participation for all Eligible Employees employed on the date specified in B.6b: [ ] Yes [ X ] No 6b. If B.6a is "Yes", all Eligible Employees employed on __________ shall become eligible to participate in the Plan as of such date. 7. If A.10a is "Yes", (Contributions to fund a Premium Conversion Account are permitted), an Employee shall be an Eligible Employee with respect to the Premium Conversion Account if the Employee is eligible to participate in the benefit plans described in A.10b: [ X ] Yes [ ] No 8a. Indicate whether the Plan will make any other revisions to the term "Eligible Employee": [ ] Yes [ X ] No 8b. If B.8a is "Yes", describe any further modifications to the term "Eligible Employee": __________. Service Requirements 10. Minimum age requirement for an Eligible Employee to become eligible to be a Participant in the Plan: None NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), B.10 may not exceed 21. 11. Minimum service requirement for an Eligible Employee to become eligible to be a Participant in the Plan: i. [ ] None. ii. [ ] Completion of _____ hours of service. iii. [ X ] Completion of 1 days of service. iv. [ ] Completion of _____ months of service. v. [ ] Completion of _____ years of service. NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), B.11 may not exceed 1,000 hours of service or one year of service. 12a. Frequency of entry dates: i. [ ] An Eligible Employee shall become a Participant in the Plan as soon as administratively feasible upon meeting the requirements of B.10 and B.11. ii. [ X ] first day of each calendar month iii. [ ] first day of each plan quarter iv. [ ] first day of the first month and seventh month of the Plan Year v. [ ] first day of the Plan Year 12b. If B.12.a.i (immediate entry) is not selected, an Eligible Employee shall become a Participant in the Plan on the entry date selected in B.12a that is: Copyright 2002-2020 BASIC pacific 4 i. [ ] coincident with or next following ii. [ X ] next following the date the requirements of B.10 and B.11 are met. 13. If A.10a is "Yes", (Contributions to fund a Premium Conversion Account are permitted), an Eligible Employee shall become eligible to become a Participant in the Plan with respect to the Premium Conversion Account at the same date as he or she becomes eligible to participate in the Contracts(s) described in A.10b: [ X ] Yes [ ] No 14a. Indicate whether the Plan will make any other revisions to the eligibility rules specified in B.10 - B.13: [ ] Yes [ X ] No NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), B.14a may only be "Yes" if the modifications in B.14b do not violate any requirements of Code section 125(j). 14b. If B.14a is "Yes", describe any further modifications to the eligibility rules specified in B.10 - B.13: __________. Transfers/Rehires 15. Permit Participants who are no longer Eligible Employees (for reasons other than Termination) to continue to participate in the Plan until the end of the Plan Year (Section 3.02): [ ] Yes [ X ] No NOTE: If "No" is selected, a Participant who has a change in job classification or a transfer that results in the Participant no longer qualifying as an Eligible Employee shall cease to be a Participant as of the effective date of such change of job classification or transfer. 16. Automatically reinstate benefit elections for Terminated Participants who are rehired within 30 days of Termination and permit new benefit elections for Terminated Participants who are rehired more than 30 days after Termination (Section 3.03(a)): [ X ] Yes [ ] No NOTE: If "No" is selected, a Terminated Participant shall not be able to Participate in the Plan until the later of the first day of the subsequent Plan Year or the first entry date following reemployment. C. BENEFITS Premium Conversion 1a. If A.10a is "Yes" (Contributions to fund a Premium Conversion Account are permitted), provide for automatic enrollment for the Premium Conversion Account: [ X ] Yes [ ] No NOTE: If C.1a is "Yes", a Participant shall be deemed to elect to contribute the entire amount of any premiums payable by the Participant for the benefit plans described in A.10b. 1b. If A.10a is "Yes" (Contributions to fund a Premium Conversion Account are permitted), provide for automatic adjustment of Participant elections for changes in the cost of Contracts pursuant to the terms of Treas. Reg. 1.125-4: [ X ] Yes [ ] No Health Care Reimbursement 2a. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), select the maximum salary reduction amount that can be contributed to a Health Care Reimbursement Account in any Plan Year: i. [ X ] The maximum amount permitted under Code section 125(i) ii. [ ] Other amount specified in C.2b NOTE: If C.2a.i is selected effective prior to 2015, the maximum amount shall be $2,500. 2b. If C.2a is "Other amount specified in C.2b", enter the maximum salary reduction amount that can be contributed to a Health Care Reimbursement Account in any Plan Year: _____. Copyright 2002-2020 BASIC pacific 5 NOTE: As of January 1, 2015, C.2 may not exceed the maximum permitted under Code section 125(i) ($2,750 in 2020). 3. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), specify whether a Participant shall continue making contributions after Termination of employment for the remainder of the Plan Year: i. [ ] Yes - Continue contributions on an after-tax basis and reimbursements will be allowed for the remainder of the Plan Year. ii. [ X ] No - Contributions shall cease upon Termination and reimbursements will be allowed only for expenses incurred prior to Termination. NOTE: Any required COBRA elections described in Section 4.06 shall supersede this C.3. 4a. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), indicate whether a Participant may revise a Health Care Reimbursement Account election upon a change of status: i. [ ] Yes - without limitation ii. [ X ] Yes – but no decrease to the extent that new annual contribution amount would be less than the amount previously reimbursed at the time of the election change iii. [ ] Yes - a Participant may only increase an election upon a change of status iv. [ ] Yes - with limitations described in C.4b. v. [ ] No NOTE: The rules regarding the revision of Health Care Reimbursement Account elections in this C.4 are also subject to the conditions and limitations provided in C.12. 4b. If A.11 is "Yes" and if C.4a.iv is selected (Yes - with limitations described in C.4b), describe the limitations: _____. Health Care Reimbursement - Eligible Expenses 5a. Excepted Benefits. Indicate the method of maintaining the Health Care Reimbursement Account as excepted benefits (only applicable if A.11 is "Yes"): i. [ X ] Other Group Health Coverage and Maximum Benefit Payable within the meaning of Treas. Reg. section 54.9831-1(c)(3)(v) ii. [ ] Limited-scope benefits within the meaning of Treas. Reg. section 54.9831-1(c)(3)(i)-(ii) (dental and vision) iii. [ ] Other:__________. NOTE: If C.5a.i is selected, any employer contribution entered in C.9 shall not exceed the maximum benefits payable under Treas. Reg. section 54.9831-1(c)(3)(v). NOTE: If C.5a.ii is selected, limited scope benefits may not include Long-term care insurance or any other benefits that are nonqualified benefits under Prop. Treas. Reg. section 1.125-1(q).5b. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), exclude coverage for other expenses described in C.5c: [ ] Yes [ X ] No 5c. If A.11 is "Yes" and C.5b is "Yes", describe other expenses that are not eligible for reimbursement: _____. Health Care Reimbursement - Eligible Expenses 6a. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), a Participant may only be reimbursed from his or her Health Care Reimbursement Account for expenses that are incurred by: i. [ X ] Participant, spouse and dependents. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. ii. [ ] Persons covered under Company medical plan. The Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday, but only if such persons are also covered under the Company-sponsored benefit plan specified in C.6b. iii. [ ] Participants Only. No spousal or dependent coverage. Copyright 2002-2020 BASIC pacific 6 iv. [ ] Other. The persons described in C.6c. NOTE: The Plan Administrator may extend coverage for children until the end of the calendar year in which a child turns age 26. 6b. If C.6a is "Persons covered under Company medical plan", indicate the name of the Company-sponsored benefit plan: __________. 6c. If C.6a is "Other", indicate who must incur expenses that can be reimbursed from a Participant's Health Care Reimbursement Account: __________. NOTE: The definition in C.6c may not include anyone other than the Participant, his or her spouse and all dependents within the meaning of Code section 152 as modified by Code section 105(b), and any child (as defined in section 152(f)(1)) of the Participant until his or her 26th birthday. NOTE: If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), reimbursements may be made for any expense that qualifies for exclusion from income under Code section 105(b) (other than certain long term care expenses and insurance premiums), except as provided in C.5 - C.6. 7a. Health Savings Accounts.If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), describe method to coordinate coverage in the Plan with Health Savings Accounts (Section 6.01(j)): i. [ X ] None. Coverage in the Plan is not limited or the Plan is not used in conjunction with a Health Savings Account. ii. [ ] Permitted Coverage. Coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and Rev. Rul. 2004-45 (but not through insurance or for long-term care services). iii. [ ] Post Deductible Coverage. The Plan will not pay or reimburse any medical expense incurred before the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied. iv. [ ] Both Permitted and Post Deductible Coverage. Until the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied, coverage in the Plan is only provided for permitted insurance and other specified coverage (e.g., coverage for accidents, disability, dental care, vision care or preventive care within the meaning of Code section 223(c)(1) and Rev. Rul. 2004-45 (but not through insurance or for long-term care services). The Plan will pay or reimburse all medical expenses otherwise allowed by the Plan incurred after the minimum annual deductible under Code section 223(c)(2)(A)(i) is satisfied. 7b. If A.11 is "Yes", C.7a is not "None" and D.3a is "Yes" (grace period allowed), indicate period when the limitations described in C.7a apply: i. [ ] Entire Plan Year. ii. [ ] Only during the grace period described in D.3. NOTE: If no grace period is allowed in D.3a, the limitations in C.7a shall apply for the entire Plan Year. 7c. If A.11 is "Yes" and C.7a is not "None", the limitations shall apply to: i. [ ] All Participants. ii. [ ] Only Participants who are also eligible to participate in the high deductible health plan. iii. [ ] Only Participants who are also enrolled in the high deductible health plan. NOTE: If C.7a is "None" or C.7c is not "All Participants", eligibility for a Health Savings Account may be limited. 8. HRA. If A.11 is "Yes" (Contributions to fund a Health Care Reimbursement Account are permitted), describe method to coordinate coverage in the Plan with a Company-sponsored health reimbursement arrangement ("HRA") for expenses that are reimbursable under both this Plan and the HRA (Section 6.01(e)): i. [ X ] None. Plan is not used in conjunction with a Company-sponsored HRA. ii. [ ] HRA first. A Participant shall not be entitled to payment/reimbursement under the Health Care Reimbursement Account until the Participant has received his or her maximum reimbursement under the HRA. iii. [ ] Cafeteria plan first. A Participant shall not be entitled to payment/reimbursement under the HRA until the Participant has received his or her maximum reimbursement under the Health Care Reimbursement Account. Copyright 2002-2020 BASIC pacific 7 Company Contributions 9a. Indicate whether the Company may contribute to the Plan (Section 4.09): i. [ X ] Yes - in Company's sole discretion. ii. [ ] Yes - 2% of Compensation. iii. [ ] Yes - the lesser of 6% of Compensation or 100% match of a Participant's salary reduction contribution. iv. [ ] Yes - pursuant to the method described in C.9b. v. [ ] No. NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), C.9a.ii, C.9a.iii or C.9a.iv must be selected. 9b. If C.9a is "Yes - pursuant to the method described in C.9b", describe how the contributions are determined and allocated: _____________. NOTE: If A.15 is "Yes" (the Plan is a simple cafeteria plan), C.9b must equal or exceed the formulas under options C.9a.ii or C.9a.iii. 9c. If C.9a is not "No", indicate whether the Plan permits Participants to elect cash in lieu of benefits: i. [ ] No. ii. [ X ] Yes - with limitation. iii. [ ] Yes - without limitation. 9d. If C.9a is not "No" and C.9c is "Yes - with limitation", describe any limitations: The City of Milton will provide an annual $2,400.00 payment to those individuals that waive health and dental coverage. An annual $1,800.00 payment will be made to those individuals that waive health and complete an Insurance Waiver Form. Elections NOTE: The Plan Administrator may establish a minimum dollar amount or percentage of Compensation for all elections provided that such minimum is non-discriminatory. 10. When may continuing Participants make elections regarding contributions (Section 4.06(b)): i. [ ] The __________ day period ending prior to the beginning of the Plan Year ii. [ X ] Pursuant to Plan Administrator procedures. NOTE: If C.10.i is selected, the Plan Administrator may require that elections be made no later than a certain number of days prior to the beginning of the Plan Year. See Section 4.06(a) for procedures regarding new Participants. 11. The election for a continuing Participant who fails to make an election within the period described in C.10 shall be determined in accordance with the following (Section 4.06(c)-(d)): i. [ X ] Election not to participate. The Participant shall be treated as having elected not to participate in the Plan. ii. [ ] Continue same election. Elections for the applicable Plan Year shall be the same as the elections made in the prior Plan Year. iii. [ ] Continue same election for the Premium Conversion Account. Elections for the applicable Plan Year shall be the same as the elections made in the prior Plan Year but only with respect to the Premium Conversion Account. The Participant shall be treated as having elected not to participate in the Plan with respect to any other Accounts. 12a. When may Participants modify elections regarding contributions (Section 4.07(b)): i. [ X ] At any time permitted under Treas. Reg. section 1.125-4. ii. [ ] Pursuant to Plan Administrator procedures. 12b. Permit Participants to revoke an election of coverage under a group health plan: i. [ X ] due to reduction in hours of service (Section 4.07(c) ii. [ X ] due to enrollment in a qualified health plan offered through a marketplace established under Code section 1311 (Section 4.07(d)) NOTE: The group health plan may not be a health FSA and must provide minimum essential coverage (as defined in Code section 5000A(f)(1)). Copyright 2002-2020 BASIC pacific 8 13a. A Participant may elect to continue coverage on a pre-tax or after tax basis for non medical benefits when on leave of absence under the FMLA (Section 4.06(f)): i. [ X ] Yes - A Participant may continue coverage for all benefits to which he is entitled when on FMLA leave. ii. [ ] No - A Participant may continue coverage for Premium Conversion Accounts and Health Care Reimbursement Accounts only. 13b. A Participant may elect to continue coverage on a pre-tax or after tax basis pursuant to C.13a when on a leave of absence other than a leave of absence under the FMLA: i. [ X ] Yes. ii. [ ] Yes - but subject to the conditions and limitations described in C.13c. iii. [ ] No. 13c. If C.13b is "Yes - but subject to conditions and limitations", describe the conditions and/or limitations: __________. Dependent Care Spend Down 15a. Indicate whether Employees that cease to Participate in the cafeteria plan may continue to be reimbursed for eligible dependent care expenses through the end of the Plan Year (or grace period if applicable): [ X ] Yes [ ] No 15b. If C.15a is "Yes", enter the effective date: January 1, 2019 (must be on or after August 6, 2007. Please note that under the proposed cafeteria plan regulations, amendments must be effective on the later of the adoption date or effective date of the amendment). D. PLAN OPERATIONS Claims 1. Claims for reimbursement for an active Participant must be filed with the Plan Administrator (Section 6.01): i. [ ] within _____ days following the last day of each Plan Year. ii. [ X ] by March 31. 2a. The Plan provides for an earlier deadline for claims submission for Terminated Participants: [ X ] Yes [ ] No 2b. If D.2a is Yes, claims for reimbursement for a Terminated Participant must be filed with the Plan Administrator (Section 6.01): i. [ X ] within 90 days following Termination of employment. ii. [ ] by _____. 3a. Grace Period.The Plan provides for a 2-1/2 month grace period described in IRS Notice 2005-42 immediately following the end of each Plan Year (Section 4.05(c)): i. [ ] Yes. ii. [ ] Yes - but limited to the Accounts described in D.3c. iii. [ X ] No. 3b. If D.3a is not "No", enter the first day of the first Plan Year for which the grace period will apply: __________. 3c. If D.3a is "Yes - but limited to certain Accounts", enter the Accounts that are eligible for the grace period: __________. 3d. If D.3a is not "No" and D.1.i is selected (claims are due within a number of days after the end of the Plan Year), will the same number of days apply to the end of the grace period? i. [ ] Yes. ii. [ ] No - same due date applies for grace period claims. iii. [ ] No - claims incurred during the grace period are due: __________. 4a. Carryover. Indicate whether the Plan will carryover unused Health Care Reimbursement Account balances at the end of the Plan Year as permitted in IRS Notice 2013-71. i. [ X ] Yes - balances up to $500 may be carried over (may not exceed $500) Copyright 2002-2020 BASIC pacific 9 ii. [ ] No NOTE: If carryover is selected (4a is "Yes"), the Plan may not provide for a grace period for the Health Care Reimbursement Account (3a.i may not be selected and 3a.ii must be restricted to accounts other than the Health Care Reimbursement Account). In addition, the Plan may not provide for a grace period in the year to which the carryover amount is applied. 4b. Effective date of the carryover option: January 1, 2020. 4c. Describe any limitations on the carryover provision: __________ NOTE: The same carryover limit must apply to all Participants. Unused amounts may not be cashed out or converted to any other taxable or nontaxable benefit. NOTE: In addition to any limitations on carryover described above, the Plan Administrator may prescribe procedures for the carryover including, but not limited to, establishing a minimum amount for carryover and requiring a contribution to use the rollover in the following year provided that any such procedure is non-discriminatory. 5. Indicate whether the Company will provide debit, credit, and/or other stored-value cards for Health Care Reimbursement Accounts and/or Dependent Care Assistance Accounts (Section 6.01(i)): [ X ] Yes [ ] No Qualified Reservist Distributions (HEART Act) 6a. Permit Qualified Reservist Distributions: [ ] Yes [ X ] No 6b. If D.6a is "Yes", enter the effective date: __________ (must be on or after June 18, 2008. Please note that under the proposed cafeteria plan regulations, amendments must be effective on the later of the adoption date or effective date of the amendment). 6c. If D.6a is "Yes", the amount available as a Qualified Reservist Distribution will be: i. [ ] The entire amount elected for the Health Care Reimbursement Account for the Plan Year minus Health Care Reimbursement Account reimbursements received as of the date of the Qualified Reservist Distribution request. ii. [ ] The amount contributed to the Health Care Reimbursement Account as of the date of the Qualified Reservist Distribution request minus Health Care Reimbursement Account reimbursements received as of the date of the Qualified Reservist Distribution request. iii. [ ] Other amount: __________ (not exceeding the entire amount elected for the Health Care Reimbursement Account for the Plan Year minus reimbursements). Plan Administrator 7a. Designation of Plan Administrator (Section 7.01): i. [ X ] Plan Sponsor ii. [ ] Committee appointed by Plan Sponsor iii. [ ] Other 7b. If D.7a.iii is selected, Name of Plan Administrator: __________ 8a. Type of indemnification for the Plan Administrator (Section 7.02): i. [ ] None - the Company will not indemnify the Plan Administrator. ii. [ X ] Standard as provided in Section 7.02. iii. [ ] Custom. 8b. If D.8a.iii (Custom) is selected, indemnification for the Plan Administrator is provided pursuant to an Addendum to the Adoption Agreement. State Law Rules 10a. If A.5 is "No" (non-ERISA Plan), is the Plan subject to other state law rules?: [ ] Yes [ ] No 10b. If A.5 is "No" (non-ERISA Plan) and D.10a is "Yes," enter any state law rules that apply to the Plan: _______. Copyright 2002-2020 BASIC pacific 10 E. EFFECTIVE DATES Use this Section to provide any effective dates for Plan provisions other than the Effective Date specified in A.3. If an employee elects to waive the group's sponsored Medical and Dental plan the City of Milton will contribute am dollar amount pre determined each plan year by the city of Milton towards a Medical FSA plan If an employee elects to waive the group's sponsored Medical ONLY plan the City of Milton will contribute am dollar amount pre determined each plan year by the city of Milton towards a Medical FSA plan The City of Milton will pas PCORI on all participants for the year. F. EXECUTION PAGE Failure to properly fill out the Adoption Agreement may result in the failure of the Plan to achieve its intended tax consequences. The Plan shall consist of this Adoption Agreement, its related Basic Plan Document #125 and any related Appendix and Addendum to the Adoption Agreement. Additional participating employers may be specified in an addendum to the Adoption Agreement. The undersigned agree to be bound by the terms of this Adoption Agreement and Basic Plan Document and acknowledge receipt of same. The Plan Sponsor caused this Plan to be executed this _____ day of ________________, 2020. CITY OF MILTON GEORGIA: Signature:________________________________ Print Name: ______________________________ Title/Position:___________________ Copyright 2002-2020 BASIC pacific 11 ADDENDUM TO THE ADOPTION AGREEMENT The following custom language is provided: If an employee elects to waive the group's sponsored Medical and Dental plan the City of Milton will contribute am dollar amount pre determined each plan year by the city of Milton towards a Medical FSA plan If an employee elects to waive the group's sponsored Medical ONLY plan the City of Milton will contribute am dollar amount pre determined each plan year by the city of Milton towards a Medical FSA plan The City of Milton will pas PCORI on all participants for the year. V3.00-3.00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between The City of Milton and Pond & Company to Provide Architectural Design Services and Construction Documents for the Development of Bathrooms, a Boardwalk and a Fishing Pier at Providence Park. MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: E9BBE1B5-D3F6-4BEA-9DA8-D72D28A496EF X May 18, 2020 X X X To: Honorable Mayor and City Council Members From: Jim Cregge, Parks & Recreation Date: Submitted May 13, 2020 for the May 18, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between The City of Milton and Pond & Company to Provide Architectural Design Services and Construction Documents for the Development of Bathrooms, a Boardwalk and a Fishing Pier at Providence Park. ______________________________________________________________________________ Department Recommendation: Approval Executive Summary: Staff is recommending the Approval of a Professional Services Agreement between The City of Milton and Pond & Company to provide architectural design services and construction documents for the development of bathrooms, a boardwalk over an ephemeral stream and a fishing pier at Providence Park. All three of these components are part of the approved improvements detailed in the Master Plan for Providence Park, which was approved by the Mayor and Council in 2018. Each of these components are individual supported by grants from the State of Georgia Department of Natural Resources (DNR) under three different grants. All three of these components require structural engineering and one vendor was selected to perform the design to keep the aesthetic look of all of the components identical. The Bathroom is being supported by a grant from the DNR Land and Water Conservation Fund awarded in 2018. The Boardwalk is being supported by a grant from the DNR Recreation Trail Grant Program awarded in 2018. The Bathroom is being supported by a grant from the DNR Land and Water Conservation Fund awarded in 2019. DocuSign Envelope ID: 11FA93A4-D22D-4AF9-A0D0-155F198D1915DocuSign Envelope ID: E9BBE1B5-D3F6-4BEA-9DA8-D72D28A496EF The vendor selected was the highest scoring organization of all respondents to a public Request for Proposal. Procurement Summary: Purchasing method used: RFP Account Number: Lake Pier Project 340-6110-541200001 - $24,350.00 Bathroom Project 340-6110-541300100 - $67,860.00 Trail Project 340-4101-541401401 - $19,350.00 Requisition Total: $111,560.00 Vendor DBA: Pond & Company Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, May 13, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 13, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement between the City of Milton and Pond & Company DocuSign Envelope ID: 11FA93A4-D22D-4AF9-A0D0-155F198D1915DocuSign Envelope ID: E9BBE1B5-D3F6-4BEA-9DA8-D72D28A496EF 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 Pond & Company, a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F.1” – Federal Requirements Exhibit “F.2” – Recreational Trails Program Grant Agreement (Boardwalk) Exhibit “F.3” – Land & Water Conservation Fund Grant Agreement (Restroom) Exhibit “F.4” – Land & Water Conservation Fund Grant Agreement (Pier) B. Project Description. The “Project” at issue in this Agreement is generally described as: professional services for the design and development of technical specifications (construction documents) for three projects at Providence Park funded by federal grants. The projects consist of future construction of a restroom building, pier, and boardwalk at 13440 Providence Park Dr, Milton, GA 30009 (Providence Park). If project budget allows and grant- related deadlines are extended, construction contract administration may be added by mutual agreement of the parties. 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” or in a Task Order, 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 or Task Order, 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 project. The term of this Agreement (“Term”) shall commence as of the Effective Date. The Work upon the Effective Date and shall be completed on or before August 5, 2020 (provided that certain obligations will survive termination/expiration of this Agreement). The Work shall progress in accordance with the updated (5/5/2020) schedule set forth on the first page of Exhibit “B”, subject to the assumptions and reservations stated therein. (Parties acknowledge that all Work on that schedule starting with the “Permitting Review Period” item has been removed. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. 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, 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. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed incurred by Consultant upon certification by City that the Work was actually performed 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, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis. 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 $ 111,560.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a lump sum fee, with discrete fees for each phase of each project as set forth in Exhibit “B”. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: There shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of 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. E. Consultant’s Representative. shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and hold harmless the Indemnified Party(ies) shall surv ive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ N/A ( ) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed 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) Consultant’s Duty to Provide Notice of Reduction in Coverage: Consultant shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Consultant shall require the same notice to the City in all subcontractor contracts. (8) 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. (9) 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. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 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.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 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 “B”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “B”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, belief or political affiliation, 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. Q. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. S. Federal Requirements. In order to enable the City to comply with applicable grant funding requirements, Consultant shall comply with the general requirements set forth in Exhibit “F.1”. As to the Work funded by the federal Recreational Trails Program, Consultant shall comply with, and take reasonable steps that would allow the City to comply with its obligations under Exhibit “F.2”. As to the Work funded by the federal Land & Water Conservation Fund Program, Consultant shall comply with, and take reasonable steps that would allow the City to comply with its obligations under Exhibit “F.3”. 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. Jim Cregge shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement (or a Task Order) for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate 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 (or Task Order) 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. If the City’s payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not 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. 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. 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 (other than subsequent, valid Task Orders or Change Orders) shall be valid or binding. This Agreement may be modified or amended only in a writing signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Pond & Company 3500 Parkway Ln, Ste 500 Peachtree Corners, GA 30092 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 individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: Pond & Company Signature: Print Name: Title: President/Vice President (Corporation) Attest/Witness: Signature: Print Name: Title: [CORPORATE SEAL] (required if corporation) (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 20-PR03 RFP Title: Providence Park Improvements – Professional Design Services & Construction Administration Due Date and Time: January 16, 2020 Local Time: 2:00 PM Number of Pages: 59 ISSUING DEPARTMENT INFORMATION Issue Date: December 12, 2019 City of Milton Parks & Recreation Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: RFP Number: 20-PR03 Name of Company or Firm Special Instructions: Deadline for Written Questions December 23, 2019 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents Topic Page 2 | RFP 20-PR03 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 20-PR03 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 20-PR03 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 20-PR03 RFP# 20-PR03 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (20-PR03) Providence Park Improvements – Professional Design Services and Construction Administration. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 20-PR03 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Providence Park Improvements – Professional Design Services & Construction Administration Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 7 | RFP 20-PR03 SCHEDULE OF EVENTS Task Date Issue RFP December 12, 2019 Deadline for Questions December 23, 2019 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, January 7, 2020 Proposals Due By 2:00 p.m. EST on January 16, 2020 Award Contract February 19, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 20-PR03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton seeks Requests for Proposals (RFP) from experienced firms for Professional Services for the Design, Development of Technical Specifications, Cost Estimating, Bidding Assistance and Construction Administration Services for three projects at Providence Park located at 13440 Providence Park Dive, Milton, GA 30009. In 2018, the City of Milton was awarded a $100,000 Land Water Conservation Fund (LWCF) grant from the State of Georgia Department of Natural Resources (DNR). Also, in 2018 the City was awarded a $200,000 Recreation Trail Program (RTP) grant from DNR. Earlier this year, the LWCF branch of DNR notified the City that they are finalists for the 2019 LWCF $100,000 grant. The 2018 LWCF grant is being applied to the construction of a self-composting set of restrooms to be located near the parking lot of Providence Park. The 2018 RTP grant is being applied to the construction of new trails at Providence Park. The 2019 LWCF grant, if earned, will be applied to the construction of a fishing pier at Lake Providence. Conceptually, the parking lot will serve as a trail head with a formal entrance and restrooms, and the trails will connect the parking lot to the fishing pier and other features in the park. The trail itself is being designed by another organization; however, there is a section of the trail that will require a low boardwalk to get through an ephemeral stream. This boardwalk, the restrooms, and the fishing pier will require architectural design services, construction documents, construction management and related services. The City anticipates entering into a separate contract for each project (due to the distinct grant funding sources for each), but desires to procure the services in this common solicitation. These projects represent the first time that City has earned a DNR grant for a Parks and Recreation project. It is very important that the selected bidder demonstrate experience in completing DNR funded projects and compliance with federal grant requirements. With respect to the contract for the boardwalk, the successful proposer will be required to comply with applicable requirements imposed by the federal government (Federal DOT/FHWA) and the Georgia Department of Natural Resources under its Recreational Trails Program. With respect to the contract for the restrooms (and potentially the pier), the successful proposer will be required to comply with applicable requirements imposed by the federal government 9 | RFP 20-PR03 (Federal Department of Interior/Parks Service) and the Georgia Department of Natural Resources under its Land and Water Conservation Fund Program. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Contractor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions , mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e -mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on December 23, 2019. Each question must provide clear reference to the section, page, and item in question. Que stions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about January 7, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. 10 | RFP 20-PR03 D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state or federal law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e -mailed questions or with the Offeror’s RFP response and must be ac companied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. The City hereby notifies all applicants that it will affirmatively ensure that disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this invitation. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: • City of Milton request for proposal cover page (information entered and signed: first page of this document) • City of Milton Disclosure form (signed) • City of Milton Proposal letter (information entered) 11 | RFP 20-PR03 • Contractor Affidavit and Agreement (eVerify) • Technical Proposal: a. No more than twenty (20) single sided pages (ten pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11-point font c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: 1. General Company Background: Provide general information as it relates to your company including, but not limited to firm introduction, history, areas of expertise, and any information the firm feels is pertinent information for the City to consider that may not be specifically identified in this Request for Proposals. All proposers must be compliant with federal non-procurement debarment and suspension regulations, and the contract will not be awarded to any entity that is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. The contract will be awarded to a responsible contractor possessing the ability to perform successfully under the terms and conditions of this procurement. 2. Staffing: List of proposed personnel who will be specifically assigned to the proposed project, including their qualifications, professional certifications, overall experience and recent experience on projects of similar nature and complexity to the proposed project. Joint ventures (division of responsibilities must be noted) and sub-consultants/contractors are permitted but need to be identified as part of your team and provide any information requested herein. Qualifications and experience of individuals/firms proposed for the work shall be included. Provide information for the major personnel or subcontractors to be available. Provide the following: • Specifically note who the lead contact(s) for your firm on the project throughout the process would be. • Representative Projects. Provide the names and references for a minimum of three similar projects. Provide current email addresses and telephone numbers of references. • Describe experience working on federal, state, and local government projects specifically demonstrate experience with completing DNR funded projects and compliance with federal grant requirements in the past 5 years. • Include sample(s) of past work completed that you feel best highlights your qualifications for this particular project. 12 | RFP 20-PR03 • Note design services that are provided in-house versus areas where the firm or joint venture may subcontract these services. • Provide examples of innovative or creative design features that your team has implemented in a recreation facility design. 3. Approach: Provide the following, addressing each type of facility (restroom; pier; boardwalk) separately or jointly, as you feel appropriate: • Describe your understanding of construction techniques, methodology, etc. associated with the proposed facilities. • Describe past experience in participation in the design-bid-build project delivery method and list specific projects where this method was used along with the key staff that participated in the process. • Provide your approach to managing the projected costs and the defined budget for the project. • Provide your approach to compliance with all local, state and federal building codes and the coordination of inspections related to those codes. As a note, the City of Milton Fire Marshall, Fulton County Soil and Water Conservation District, Fulton County Water Department, the City of Milton Public Works Department, the Milton Community Development Department and the Milton Parks and Recreation Department will have jurisdiction over the project. 4. Availability: Provide the following: • A list of all current projects that have been awarded, currently under design and any for which your firm is providing construction administration services. Please note the general scope of the project, project budget, and estimated schedule of the start and completion of the projects. • A brief narrative providing the City the assurance that the firm has the resources available to commit to the project. 5. Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested 13 | RFP 20-PR03 information. C. Copies Required and Deadline for Receipt of Proposals. One original and six (6) copies of each submittal (plus a CD or flash drive) should be provided to the City. Proposals must be received at the Finance department in City Hall prior to 2:00 PM, local time, January 16, 2020. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of Offerors will be announced. *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data-corruption, password or encryption error, etc., the Offeror’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, l ate proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if 14 | RFP 20-PR03 required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. 1. 7 CERTIFICAIONS REGARDING CONFLICT OF INTEREST; TAX DELINQUENCY; LOBBYING By submitting a proposal, each firm 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 RFP, that no employee of the City, nor any member thereof, nor any public agency or official affected by the proposed contract for services has any pecuniary interest in the business of the firm or its subcontractor(s), and that no person associated with the firm or its subcontractor(s) has any interest that would conflict in any manner or degree with the performance of the proposed contract. By submitting a proposal, the bidder certifies the accuracy of the following two statements: (1) The bidder represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for w hich all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The bidder represents that it is n ot a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. By submitting a proposal, the bidder certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making 15 | RFP 20-PR03 of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Subm ission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 a nd not more than $100,000 for each such failure. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality 16 | RFP 20-PR03 requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial informatio n requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets . Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and 17 | RFP 20-PR03 recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 18 | RFP 20-PR03 H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 19 | RFP 20-PR03 SECTION 3: SCOPE OF SERVICES 3.0 SCOPE OF SERVICES The project delivery method will be design, bid, build. The three scopes of work will not be split among the vendors. One vendor will be awarded all three contracts. 3. 1 SCOPE OF WORK Restrooms building: A restroom building based on preliminary concept developed for the grant submittal. Each sex will have 2-3 toilet/urinal fixtures and 1-2 sinks, a janitor’s/utility closet, general storage area, and water fountains. The waste from the plumbing fixtures will go to a composting chamber. A breezeway on the front of the building with areas for educational display boards will be provided, and it will have a vegetative, low-slope roof if budget allows. It is anticipated the building will be primarily wood-framed with masonry wainscot, cementitious board siding, some heavy timbers and metal roofing on the exterior to provide a rustic appearance. The interior will be finished with economical but durable materials that are low maintenance and vandal-resistant. The final size and materials are dependent on the budget. Pier: A new Pier located in the edge of the lake that is a “T”-shape with the design will be based on a preliminary concept developed for the grant submittal. The pier will be approximately 900-1,000 square feet in total size with approximately 400 square feet under a roof. The construction will be pressure- treated wood, suitable for submersion in water, with a shingle roof and some built-in benches. Boardwalk segment: A segment of wood boardwalk, approximately 8 feet x 35 feet, which will be a part of the trail system where it crosses an ephemeral stream. The boardwalk will be designed to accommodate gator-style vehicular traffic but is intended primarily for pedestrian use. Basic services will include Architectural, Structural Engineering, Mechanical, Plumbing, and Electrical Engineering. Limited Civil Engineering/Landscape Architecture associated with the restroom building and pier is included in the scope of work. Surveying and site electrical beyond work associated with power for the building are not included in the scope of work. I t is assumed that the City of Milton will provide a survey which the design team will use for developing site and utility drawings. Federal grant requirements will apply to the construction of these projects, including Buy American requirements for applicable iron and steel products used. Program Verification: Upon receipt of an executed Agreement from the Owner, the Architect will conduct the Program Verification Phase of the 20 | RFP 20-PR03 project as follows: A. Review the programming needs with the Owner to verify general needs and goals for each component. B. The Architect and engineers will visit the site to verify field conditions critical to development of the concepts. C. Develop several conceptual site layouts for review and approval by the Owner. D. Review the requirements and restrictions for composting toilets to verify the suitability and cost versus a standard septic system. E. Develop Final Concept plans for the site and structures. Schematic Design: Once the site and building concepts have been approved, the Architect will conduct the Schematic Design Phase of the project as follows: A. Further develop and revise site layout utilizing the additional information provided in the topographic survey. B. Meet with the Health Department to review composting toilet preliminary design. C. Development of Final Schematic plans and elevations for the restroom, pier, and boardwalk. D. Diagrammatic information for Structural, Mechanical, Electrical, and Plumbing systems for owner review and utilized for budgeting. E. Preliminary Estimate of Probable Construction Cost to verify the scope of work and determine what items may be alternates. Construction Document Phase: Based on the approved Schematic Documents, the Architect will prepare the construction document package suitable for bidding and permitting with local authorities. Construction Documents shall consist of the following drawings: Civil/Landscape: A. Demolition/Removal Plans addressing existing elements to be removed or modified. B. Staking/Layout Plans, including layout of new drives and walks for standard & ADA access, and general site improvements. C. Site Grading/Drainage Plan including existing and proposed contours based on the survey. D. Erosion, Sedimentation, and Pollution Control Plans and Details. It is assumed that actual land disturbance will not exceed more than one acre for the entire project, therefore, NPDES permits will not be necessary. E. Design of site components for the composting toilet system. F. Permitting coordination/review as required by the local Health Department. G. Site Work Construction Details. 21 | RFP 20-PR03 H. Tree Protection/Replacement Plan as necessary to meet regulatory requirements. I. Landscape Plan showing locations for plant material and installation details. J. Specifications, either on the drawings or in a project manual. Architectural: A. Fl oor Plans @ 1/4” = 1’-0” in scale. B. Reflected Ceiling Plans @ 1/4” = 1’0”. C. Roof Plans and details. D. Exterior Elevations @ 1/4” = 1’-0”. E. Interior Elevations @ 1/2” = 1’-0” as required for restrooms. F. Building and Wall Sections with appropriate details @ 3/4”= 1’-0” and 1½”= 1’-0”. G. Door and Hardware Schedules. H. Specifications, either on the drawings or in the project manual. I. Update Estimate of Probable Cost as needed. Structural Engineering: A. Structural Foundation Plan B. Framing Plan C. Typical Structural Details D. Specifications, either on the drawings or in the project manual Mechanical and Plumbing Engineering: A. HVAC Floor Plans B. HVAC Schedules and details. C. Plumbing Floor Plans D. Plumbing Schedules and details. E. Specifications, either on the drawings or in the project manual. Electrical Engineering: A. Site Electrical Plan. B. Electrical riser diagram indicating GC scope and power company scope. C. Lighting / Power Plans. D. Lighting Fixture Schedules. E. Electrical Panel Schedules and details. F. Specifications, either on the drawings or in a project manual. Bidding Phase: Contractor will provide the following services during this phase: A. Attend any Pre-bid Meeting. B. Assist the Owner in issuing addenda by answering questions from Offerors. C. Assist in evaluating submitted bids for awarding the project. D. Limited assistance in reviewing scope reduction if needed to meet budget. 22 | RFP 20-PR03 Construction Phase - Administration of the Construction Contract Review and coordination of shop drawings, answering RFI’s and coordination with the Contractor are included in the scope of work for Construction Contract Administration. Responding to RFI’s and submittals will likely require site visits. SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 23 | RFP 20-PR03 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH PROPOSAL ~ IN SEPERATE SEALED ENVELOPE One (1) original and six (6) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Phase of Work Restroom Boardwalk Pier Total Program Verification Schematic Design Construction Documents Bidding Assistance Contract Administration Grand Total: Total Price$______________________________ Print Total Price in Words: ____________________________________________________ Print/Type Company Name Here: __________________________________________________ Authorized Signature___________________________________Date_______________________ Print/Type Name___________________________________________________________________ Print/Type Title_____________________________________________________________________ 24 | RFP 20-PR03 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The City seeks to find the most well-qualified, experienced firm to provide professional design and construction management services. The evaluation committee will review and evaluate the Proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process Proposal Evaluation Criteria: Previous work with projects funded by both the LWCF and RTP Divisions 35 pts. of the Department of Natural Resources The availability and experience of the staff to be assigned to the project 20 pts. (Please specify any non-direct employees who will be partnered on the Project.) A schedule of deliverables and realistic projection of the completion of 20 pts all work Price of the work to be performed 25 pts 25 | RFP 20-PR03 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the 26 | RFP 20-PR03 Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ RFP 20-PR03 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 RFP 20-PR03 Addendum #1 2 | P a g e ADDENDUM #1 RFP 20-PR03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. I am confused about the Providence Park rfp. Is does not directly say the delivery is design build on the front cover, but the second page says the contract delivery is design, bid, build but will be awarded to one vendor. Later in the rfp it indicates the consultant will participate in bidding the job. That’s not consistent with a design build delivery. What is the delivery method? ~ The project should be bid as a design, bid, build. As part of the basic services being provided by the architect (design firm), their services would include the design, bid review, and construction administration. We are only looking for the basic service in the bid review process that is standard in the industry. 2. According to the Statement of Work there is $100,000 for the restroom, $200,000 for the Trail and Boardwalk, and potentially $100,000 for the Fishing Pier. Please confirm these are the budget numbers for each element we should use when calculating our fee. Also, of the $200,000 for the trail what is the budget for the Boardwalk which appears to be the only portion of the trail in the scope of work for the RFP. ~ The numbers listed in the question have been taken out of context. The numbers shown are the amount of grant money that the City has earned from the DNR. Each has a match amount. The two $100,000 grants have a match of at least an additional $100,000 each and the trail grant has a match of at least $50,000. The boardwalk is expected to be only about 75 feet and low to the ground to get us through an ephemeral stream. 3. Please confirm that no other permits will be required other than those listed. Specifically, will there be a Stream Buffer Variance for the Fishing Pier and possibly the Boardwalk and will there be a Corps of Engineers Nationwide Permit for the Fishing Pier. ~ City permits required: Building permits (Restroom, Boardwalk, and Pier) and Land Disturbance Permit (Trail/Sitework). If you limit the disturbance along the buffers (lake shore) to less than 100 sq.ft., the City can avoid requesting a state buffer variance. Especially, if you lay rail road ties down for protection of the buffer vegetation. There could be an Army Corp NWP required for the pier pilling. We would need to talk to the Army Corp. about the pier. NRCS (SCS) will need to review the plans but they do not issue permits. Ultimately, the design will drive what permits are required. 4. How many site visits are anticipated for the Construction Phase. For example, will there be a pre-construction conference, final inspection, interim inspections, etc. ~ From the perspective of the Land Disturbance Permit Inspections: Pre- Construction, Initial, and Final. If the disturbed area for the project exceeds 1 acre, NPDES monitoring will be required. For the project overall, we are expecting the bidder to tell us as the Construction Manager the number of visits you feel that you will need to successfully complete the project. RFP 20-PR03 Addendum #2 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 20-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #2 RFP 20-PR03 Addendum #2 2 | P a g e ADDENDUM #2 RFP 20-PR03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. I am confused about the Providence Park rfp. Is does not directly say the delivery is design build on the front cover, but the second page says the contract delivery is design, bid, build but will be awarded to one vendor. Later in the rfp it indicates the consultant will participate in bidding the job. That’s not consistent with a design build delivery. What is the delivery method? ~ The project should be bid as a design, bid, build. As part of the basic services being provided by the architect (design firm), their services would include the design, bid review, and construction administration. We are only looking for the basic service in the bid review process that is standard in the industry. 2. According to the Statement of Work there is $100,000 for the restroom, $200,000 for the Trail and Boardwalk, and potentially $100,000 for the Fishing Pier. Please confirm these are the budget numbers for each element we should use when calculating our fee. Also, of the $200,000 for the trail what is the budget for the Boardwalk which appears to be the only portion of the trail in the scope of work for the RFP. ~ The numbers listed in the question have been taken out of context. The numbers shown are the amount of grant money that the City has earned from the DNR. Each has a match amount. The two $100,000 grants have a match of at least an additional $100,000 each and the trail grant has a match of at least $50,000. The boardwalk is expected to be only about 75 feet and low to the ground to get us through an ephemeral stream. 3. Please confirm that no other permits will be required other than those listed. Specifically, will there be a Stream Buffer Variance for the Fishing Pier and possibly the Boardwalk and will there be a Corps of Engineers Nationwide Permit for the Fishing Pier. ~ City permits required: Building permits (Restroom, Boardwalk, and Pier) and Land Disturbance Permit (Trail/Sitework). If you limit the disturbance along the buffers (lake shore) to less than 100 sq.ft., the City can avoid requesting a state buffer variance. Especially, if you lay rail road ties down for protection of the buffer vegetation. There could be an Army Corp NWP required for the pier pilling. We would need to talk to the Army Corp. about the pier. NRCS (SCS) will need to review the plans but they do not issue permits. Ultimately, the design will drive what permits are required. 4. How many site visits are anticipated for the Construction Phase. For example, will there be a pre-construction conference, final inspection, interim inspections, etc. ~ From the perspective of the Land Disturbance Permit Inspections: Pre- Construction, Initial, and Final. If the disturbed area for the project exceeds 1 acre, NPDES monitoring will be required. For the project overall, we are expecting the bidder to tell us as the Construction Manager the number of visits you feel that you will need to successfully complete the project. RFP 20-PR03 Addendum #2 3 | P a g e 5. On Page 8 of the RFP under Section 1, 1.0 Background and Statement of Intent, under Paragraph 2, the paragraph describes the applicable DNR administered grants both awarded and shortlisted that apply to this project. Is it possible to get a copy of the each of the contractual requirements between the City and DNR for both the LWCF and Recreation Trail Program grants? ~ Contracts for the LWCF and DNR RTP grants are being as separate file attachments under this Addendum #2. 6. On Page 24 of the RFP, under Section 6, Evaluation Criteria, under subheading “Proposal Evaluation Criteria”, one of the evaluation criteria is denoted as “A schedule of deliverables and realistic projection of the completion of all work”. However, on pages 11 and 12, the schedule is not listed as a required submittal under the items to be included in the Technical proposal. Can you verify the necessity and details of any requirements regarding submission of a project schedule as a part of the proposal? ~ The maximum number of pages has been extended to 22 pages to accommodate the submission of a proposed schedule. Time is of the essence as our grant contracts require project completion in 2020. The schedule for deliverables is an evaluation criteria and required in the proposal submittal. 7. On page 31 of the RFP, Sample Professional Services Agreement, Section IV, Covenants of Consultant under Item G, “Responsibility of Consultant and Indemnification of City”, it says: Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. Regarding this statement, is the City willing to include a paragraph in the agreement that would make the City reciprocal in its responsibility towards the Consultant? ~ The City generally does not agree to indemnify, as this would be an impermissible waiver of its sovereign immunity. Proposers should assume for purposes of this procurement that the City will not agree to a reciprocal indemnity paragraph. However, during negotiations the City is wiling to entertain limitation of liability provisions or alternative language to address liability concerns. EXHIBIT “B” PROVIDENCE PARK SCHEDULE-PROPOSED 5/5/2020 by POND Task Milestone Date Concept 3 11 18 25 1 8 15 22 29 6 13 2-27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 START-approve contract *May 18 Program Verification Kick off Meeting 19-May Review Programming Needs Visit Site 19-May Conceptual Site Layouts Review site layouts with Owner 28-May Composting Toilet System Review-Fulton County Develop Final Concept Plans Meet wth Owner to Review Concept Plans 5-Jun Schematic Design Revise Site Layout Meet with Health Dept Develop Final Schematic Plans Diagrammatic Info for S/M/E/P System Review Preliminary Estimate of Probable Cost Meet with Owner for Schematic Design 14-Jul Geotechnical (by owner) Construction Documents Construction Plans/Details/Technical Specs Permitting Coordination Submission of Plans to Owner & Permitting 5-Aug Permitting Review Period (City County & E&S Only) Bidding No later than Aug 10 Award Bid/Notice to Proceed No later than Sept 17 CA/Construction Begin no later than Sept 21 SCHEDULE IS BASED ON THE FOLLOWING ASSUMPTIONS 6. Bidding and award can be accommodated by the City within the proposed schedule provided. 7. Geotechnical services are provided by the City’s consultant within the allocated time period. November DecemberMayJuneJulyAugustSeptemberOctober 1. Kick off meeting is immediately after Board Approval (May 19th) 2. Stream buffer permitting is EXEMPTED through the use of a boardwalk connection to fishing pier . This would involve the City and State considering the boardwalk connection under facilities exempted by stream buffer permitting (due to perpendicular alignment to buffer/similar to a bridge/utility) 3. The City accommodates the alteration of the fishing pier to a prefabricated floating dock/pier OR officially waives floodplain modelling requirements or CLOMR/LOMR requirements as the proposed pier is in the floodplain/floodway along Lake Providence 4. The proposed restroom and boardwalk/bridge is not within floodplain or floodway areas and no floodplain modelling will be required by City and /or FEMA. 5. The City assists with expediting the permitting to the proposed schedule provided. Professional Proposal for RFP Number 20-PR03 Providence Park Improvements – Professional Design Services & Construction Administration City of Milton January 16, 2020 Digital Copy CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 20-PR03 Providence Park Improvements - Professional Design Services Parks & Recreation Department & Construction Administration Due Date and Time: Website: www.cityofmiltonga.us January 16, 2020 Number of Pages: 59 Local Time: 2:00 PM Deadline for Written Questions ISSUING DEPARTMENT INFORMATION Issue Date: December 12, 2019 City of Milton Phone: 678-242-2500 Parks & Recreation Department City of Milton 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 Special Instructions: INSTRUCTIONS TO CONSULTANTS OFFER Return Proposal to: Mark Face of Envelope/Package: Pond & Company RFP Number: 20-PR03 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Offeror FAX Number: Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, GA 30004 December 23, 2019 williamsb@pondco.com Email questions to Honor Motes at honor.motes@citvofmiltonaa.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Auth d Offeror Signatory: Pond & Company 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 R ert illiams Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: 678.336.7740 678.336.7744 Offeror Federal I.D. Number: Offeror E-mail Address: 58-1639128 williamsb@pondco.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 o^aoo P: 678.242.2500 l F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 4 I RFP 20-PR03 ESTAIiL[SHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City Df Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Pond &Company Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over thK:; past two (2) years by the Applicant/Opponent %'j the named Milton Official. Amount/Value N/A N/A I_1 N/A N/A I_1 Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: N/A N N/A /A N/A 5 I RFP 20-PR03 ESTABLISHED 2006 RFP# 20-PR03 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (20-PR03) Providence Park Improvements - Professional Design Services and Construction Administration. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of thK:; proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date �7 7OZ p Print/Type Name Robert Williams Print/Type Company Name Here Pond & Company 6 I RFP 20-PR03 ESTABLISHED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 175046 eVerify Number 12/31 /08 Date of Authorization Pond &Company Name of Contractor Providence Park Improvements - Professional Design Services &Construction Administration 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. Peachtree Executed onJAnU0f , IN , 20$ 0 in Corners (city), GA (state). of Authorized Yesenia Chavez Human Resources Coordinator Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF TW ,20W. NOTARY PUBLIC (/ e�����iri�i�i [NOTARY SEAL] �No�. oo EMPlej by Pay �s `. My Commission Expires: — m :4 p of LLJ 73/�Z 00Pvft, off � r '� ��e',' ®O�AoGO®�``,. a000 PCOM 3500 Parkway Lane, suite 500 T 678.336.7740 1 F: 678.336.7744 Peachtree Corners, Georgia 30092 www,pondco.com January 16, 2020 City of Milton Attn: Honor Motes, Purchasing Office Parks & Recreation Department 2006 Heritage Walk Milton, GA 30004 Re: RFP Number 20-PR03 Providence Park Improvements Professional Design Services & Construction Administration Dear Ms. Motes: The City of Milton is committed to providing high-quality parks and recreational facilities for its distinctive community that embraces its rural character and natural assets. Pond is very pleased to submit our qualifications in consideration of the RFP #20-PR03 Providence Park Improvements — Professional Design Services & Construction Administration. Our interest in working with the Department is rooted in our passion and dedication to creating and maintaining great public parks and preserving greenspace for all to enjoy. The City of Milton desires to spread the joy of nature and community through recreation programs and parks that meet your citizens' needs. We greatly appreciate the opportunity to advance this mission. Our team is committed to design based upon the mutual coexistence of the natural and built environments, for the benefit of nature and people alike. The results of our passion for the outdoors and our environmental ethics can be seen through the success of our projects for parks and recreation departments throughout the State of Georgia. As your proposed project manager, I am especially excited about the prospect of working on a low -impact composting toilet and the potential of a green roof on the restroom building as I have had a lifelong interest in sustainable architecture and happen to have two green roofs on my house. In addition to our passions, our team's experience designing trails, restrooms and park facilities, boardwalks, and fishing piers will greatly benefit the City in the efficiency and quality of design for these proposed renovations at Providence Park. We are the right team because of our: ■ Commitment to the Client —Through our award-winning work and history of successful projects, we have proven our reliability in design, ability to work with a variety of stakeholders,.and commitment to success. ■ Commitment to the Environment — We have a long history of commitment to sustainable design through best practices, design and engineering innovation, and collaboration. ■ Team of Professionals — We have access to the entire staff of Pond's landscape architects, engineers, and architects to successfully meet your needs and are teamed with an experienced structural engineer who has worked on many recreational boardwalk and pier projects. Above all, we are confident in our qualifications, passionate about the work we do, and determined to deliver results that exceed expectations. We look forward to further discussing the details of the Providence Park Improvements with you. We greatly appreciate this opportunity to provide outstanding services to the City of Milton Parks and Recreation Department. With kind regards, C4 4 r Andrea Greco, PLA, ISA Certified Arborist Senior Project Manager I Primary Point of Contact Bob Williams, PE Senior Vice President Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements Table of CONTENTS 02 General Company Background 03 Staffing 16 Approach 21 Availability Separate Pricing Addenda Acknowledgement General Company Background GENERAL COMPANY BACKGROUND Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 2 Our passion for creating environments where people thrive in harmony with their natural surroundings is a central tenet to any park design, while our standards for quality and efficiency are the basis of every task from repair to new amenity. Firm Introduction and History Pond was originally founded in 1965 as Armour & Associates and built a solid reputation as Armour, Cape & Pond. In 1998, the firm changed its name to Pond & Company as a reflection of the exponential growth of services and people since the doors opened in 1965. Pond is a local, full-service landscape architecture, planning, engineering, architecture, and construction firm providing design and construction services to local, regional, state, and federal clients. Areas of Expertise We are proud of our diversity of skills, staff, and experiences, especially our long history of landscape architecture-driven planning, design, and construction projects throughout the Atlanta Metro region. The Landscape Architecture (LA) Studio at Pond has long had a focus on designing great public spaces. The core of our LA Studio work is parks, trails, and public spaces. From brand new parks of all shapes and sizes to pure repair and renovation, our team of professionals are always ready to help add to and improve our clients’ parks and facilities. When given the opportunity, our experienced staff of architects, engineers, LEED and SITES Accredited Professionals, and landscape architects will provide innovative and sustainable design solutions. Pond has a long history of planning, designing, and overseeing the construction of parks and trails throughout the Southeast. We have planned more than 800 miles of built trails, 19 miles of hiking trails, 82 miles of multi-use, and 12.5 miles of equestrian trails in the past 10 years. Debarment Pond has never been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or agency from doing business with the Federal Government. General Company Information GENERAL COMPANY INFORMATION Pond Project: Constitution Lakes, DeKalb County, GA Staffing STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 3 Organizational Chart PROJECT TEAM LANDSCAPE ARCHITECTURE Aubrey Sabba, PLA, LEED AP Lead Landscape Architect Lauren Linnane, ASLA Project Designer ARCHITECTURE Michael Katzin, AIA, NCARB Lead Architect Robert Locarnini, Assoc. AIA Architectural Designer STRUCTURAL ENGINEERING Matthew Parker, PE Lead Structural Engineer Will Haynes, PE, SE Structural Engineer CIVIL ENGINEERING Ryan Jones, PE Lead Civil Engineer MECHNICAL/PLUMBING ENGINEERING Brenden Frazier, PE, LEED AP BD+C, CEM MEP Engineer ELECTRICAL ENGINEERING Alan Gregg, PE Electrical Engineer PROJECT MANAGER Andrea Greco, PLA, ASLA, ISA Certified Aborist Primary Point of Contact STAFFING PRINCIPAL-IN-CHARGE Matthew Wilder, PLA, ASLA, LEED AP Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 4 Project Experience Blue Heron Nature Preserve Trails Expansion Atlanta, GA Project Manager DNR Hard Labor Creek State Park Rutledge, GA Project Manager DNR Indian Springs State Park Flovilla, GA Project Manager DNR Fort McAllister State Park Richmond Hill, GA Project Manager DNR Don Carter State Park Gainesville, GA Landscape Architect DNR Panola Mountain State Park Master Plan Stockbridge, GA Landscape Architect Tribble Mill Park Trails Expansion Gwinnett County, GA Project Manager Lombard Mill Pond Preserve Trail Augusta, GA Project Manager Mountain Park Park Gwinnett County, GA Project Manager Atlanta BeltLine Enota Park Atlanta, GA Project Manager Ivy Creek Greenway Gwinnett County, GA Project Manager DNR Stephen C Foster State Park Facility Assessment and Master Plan Fargo, GA Project Manager Education MLA, Landscape Architecture, University of Georgia, 2000 BA, Biology and Environmental Studies, Bucknell University, 1997 Wetland Delineation Certification Certification in Native Plants Registration Professional Landscape Architect, GA #1404 GSWCC – Level II Certified Design Professional #31788 ISA Certified Arborist, GA #SO-6902A Professional Affiliations American Society of Landscape Architects Andrea is a Landscape Architect and Project Manager with more than 19 years of experience in landscape architecture and planning. She has a wealth of experience in design from conceptual master plans to construction documentation and construction administration. Andrea and her team members have worked on numerous projects involving the Department of Natural Resources (DNR) funding, including a host of projects for Georgia State Parks. She also brings experience on a variety of project types with a focus on passive and active parks and multi-use and soft surface trails. A strong team leader, Andrea regularly oversees multi-disciplinary teams with both internal staff and outside subconsultants. Andrea Greco, PLA, ASLA, ISA Certified Arborist Project Manager | Point of Contact STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 5 Project Experience DNR Don Carter State Park Trails Master Plan Gainesville, GA Project Manager DNR Chattahoochee Bend Trails Master Plan Coweta County, GA Project Manager DNR Cloudland Canyon Connector Trail Rising Fawn, GA Project Manager DNR Amicalola Falls State Park Dawsonville, GA Project Manager Adams Park Improvements and Boardwalk Atlanta, GA Project Manager DNR Panola Mountain State Park Master Plan Rockdale County, GA Project Manager DNR Resaca Battlefield and Historic Site Resaca, GA Project Manager Constitution Lakes Boardwalk Atlanta, GA Project Manager DNR Hard Labor Creek State Park Rutledge, GA Principal Landscape Architect DNR Fort Yargo State Park Comfort Station Winder, Georgia Principal Landscape Architect Southface Energy Institute EcoOffice Green Roof Atlanta, GA Project Manager Fifth Street Bridge Park Atlanta, GA Project Manager Education MLA, Landscape Architecture, University of Georgia, 2001 Graduate Certificate, Historic Preservation, University of Georgia, 2001 BS, Botany, Miami University, 1997 Registration Registered Landscape Architect, GA #LA001386 GSWCC – Level II Certified Design Professional #0000015143 USGBC LEED® Accredited Professional Professional Affiliations American Society of Landscape Architects Matthew has spent his career designing public parks, greenways, and spaces for recreation and relaxation, including design and renovation projects at many of Georgia’s State Parks. Matthew brings his attention to detail, enthusiasm for an outdoor lifestyle, and lessons learned from his travels to his work every day. He is committed to bringing the best ideas to clients and working to create wonderful parks that maximize his clients’ budgets and their constituents’ enjoyment of life. Matthew Wilder, PLA, ASLA, LEED AP Principal-in-Charge STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 6 Education BA, Architecture, University of Tennessee, 1980 Registration Registered Architect, Georgia #RA00631 Professional Affiliations AIA, American Institute of Architects NCARB, National Council of Architectural Registration Boards Michael has 39 years of experience in diverse, design- focused architecture. He has broad expertise, and strong design and project management skills, for highly visible, complex capital projects during planning, design and construction. Michael’s private sector project experience includes cultural, corporate center, office, hotel, retail and tenant interiors. His public sector experience includes parks, community centers, public safety facilities, courthouses, libraries, and health centers. Michael’s public sector experience as a facility manager for Fulton County gives him an understanding of the challenges that municipalities face. Project Experience Atlanta BeltLine Enota Park Atlanta, GA Senior Architect Ocee Park Expansion & Concession Stand Johns Creek, GA Senior Architect Bell Memorial Park Fulton County, GA Senior Architect FDR Warm Springs Pools Assessment Warm Springs, GA Senior Architect Tobie Grant Recreation Center Scottdale, GA Senior Architect Michael Katzin, AIA, NCARB Lead Architect STAFFING Education Permaculture Design Certification, 2018 MLA, Landscape Architecture, Kansas State University, 2007 BS, Plant Science/ Horticulture (Landscape Design Emphasis), University of Missouri – Columbia, 2014 Registration Registered Landscape Architect, GA #LA001876 USGBC LEED® Accredited Professional Professional Affiliations N/A Aubrey has over 12 years of experience in trail planning and design, park master planning and design, and open space design, among others. She has worked on numerous recreation based projects across the country and in Georgia including the design of visitor center sites, campgrounds, on- grade trail and boardwalks, trailheads and trailhead amenities. With a passion for high-level creative yet practical design, Aubrey brings the expertise of incorporating sustainable and aesthetically pleasing landscape designs to fit her clients’ needs. Project Experience Blue Heron Nature Preserve Trails Expansion Atlanta, GA Landscape Architect PATH Lakewood Trail Atlanta, GA Landscape Architect The Loop Trail Gwinnett County, GA Landscape Architect DNR FDR State Park Campground Pine Mountain, GA Landscape Architect Atlanta BeltLine Enota Park Atlanta, GA Landscape Architect Aubrey Sabba, PLA, LEED AP Lead Landscape Architect Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 7 Education BLA, Landscape Architecture, University of Georgia, 2017 Registration N/A Professional Affiliations American Society of Landscape Architects Having worked on a wide array of public projects throughout Georgia, Lauren is well-versed in community, park, and trail master planning and construction documentation, multi-purposed native planting, and overall design enhancements. Lauren is able to clearly explain her designs verbally and through 3-D rendering, detailing, illustrative plans, site analysis, cost estimating, sketching, and graphic design work. Creating aesthetic and functional places through design and helping improve the quality of lives has become her own objective. Project Experience Tribble Mill Park Trails Expansion Gwinnett County, GA Landscape Designer AlphaLoop Trail Alpharetta, GA Landscape Designer DNR Stephen C Foster State Park Facility Assessment and Master Plan Fargo, GA Landscape Designer Milton TSPLOST Batch 1 Design Services Milton, GA Landscape Designer Atlanta BeltLine Enota Park Atlanta, GA Landscape Designer Mountain Park Park Gwinnett County, GA Landscape Designer Education BS, Civil Engineering, Southern Illinois University, 1999 Registration Professional Engineer, GA #041250 GSWCC – Level II Certified Design Professional #78820 Professional Affiliations N/A Ryan has over 21 years of experience with civil engineering, of which the past seven years have been in the civil site design of commercial, residential, parks/recreational, and municipal projects. His diverse project background includes the civil design of both large infill projects on complex urban sites with extensive site utilities, stormwater, grading, and erosion and sediment control. Ryan has worked extensively with the Landscape Architecture Studio at Pond on parks and recreational projects within the past two years. These design-bid-build type, municipal trail and park site projects have all been located within the metro Atlanta region. All of these park/recreational projects include site modifications with respect to site layout, utilities, demolition, erosion control, storm water and earthwork. Ryan’s experience also includes permitting with local and state jurisdictions. Project Experience Johns Creek Parks Johns Creek, GA Civil Engineer Alpharetta Big Creek Greenway Extension Alpharetta, GA Civil Engineer Pleasantdale Park DeKalb County, GA Civil Engineer Peachtree Ridge Park Field Renovations Gwinnett County, GA Civil Engineer Lauren Linnane, ASLA Project Designer Ryan Jones, PE Lead Civil Engineer STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 8 STAFFING Education BS, Mechanical Engineering, Southern Polytechnic State, 2015 Registration Professional Engineer, GA #PE044675 USGBC LEED® Accredited Professional Certified Energy Manager #25131 Professional Affiliations American Society of Heating, Refrigerating, and Air Conditioning Engineers Brenden has eight years of mechanical engineering and design experience. He specializes in energy efficiency and sustainable design and has experience in several green rating systems. His experience in a wide range of system types brings effective insight into integrative building and campus design. Brenden believes that client expectation in any design, energy conservation, or energy analysis project can be exceeded while remaining in budget with proper implementation of energy modeling and life cycle cost analyzing in a holistic design approach. Project Experience RFK & Roosevelt Fountains Concept Design and 12 State Parks Facility Assessments Multiple Locations, GA MEP Engineer JB Williams Park Gwinnett County, GA MEP Engineer Stone Mountain Campground Renovation Stone Mountain, GA MEP Engineer GA Tech Campus Safety Facility Atlanta, GA MEP Engineer Georgia State University HVAC Renovations Atlanta, GA MEP Engineer Brenden Frazier, PE, LEED AP BD+C, CEM Mechanical/Plumbing Engineer Education MS, Structural Engineering, Georgia Institute of Technology, 2007 BS, Civil Engineering, Auburn University, 1996 Registration Professional Engineer, GA #27434 Structural Engineer, HI #16373 Structural Engineer, IL #081006727 Professional Affiliations American Concrete Institute American Institute of Steel Construction Precast / Prestressed Concrete Institute American Society of Civil Engineers Will has 23 years of structural engineering experience including the design of both new projects and renovations. He leads the design of projects while seeking to maximize the cost effectiveness of the construction. Project Experience AlphaLoop Trail Alpharetta, GA Structural Engineer Atlanta BeltLine Enota Park Atlanta, GA Structural Engineer DNR Don Carter State Park Gainesville, GA Structural Engineer Big Creek Greenway Multi-Use Trail Forsyth County, GA Structural Engineer JB Williams Park Gwinnett County, GA Structural Engineer Will Haynes, PE, SE Structural Engineer Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 9 Education BA, Architecture, Southern Polytechnic State University, 2011 Registration N/A Professional Affiliations American Institute of Architects, Assoc. AIA #383117320 Robert has five years of experience within the field of architecture. At Pond, his tasks include assisting licensed architects and project managers on staff with site observation, production of various aspects of contract documents, and email coordination between engineers. Robert’s previous professional experience consists of some residential, but primarily large scale commercial projects. Project Experience Atlanta BeltLine Enota Park Atlanta, GA Architectural Designer City of Sandy Springs Heritage Park Bandshell Sandy Springs, GA Architectural Designer Stone Mountain Campground Renovation Stone Mountain, GA Architectural Designer Tobie Grant Recreation Center Scottdale, GA Architectural Designer Comprehensive Facilities Assessment Duluth, GA Architectural Designer Georgia Gwinnett College Office Renovations Gwinnett County, GA Architectural Designer Robert Locarnini, Assoc. AIA Architectural Designer STAFFING Education BS, Electrical Engineering, Kennesaw State University, 2015 BA, Political Science, Augusta State University, 2009 Registration Professional Engineer, GA #PE045320 Professional Affiliations Institute of Electrical and Electronics Engineers – Industry Applications Society Alan has experience in the design of outdoor lighting systems including site lighting for parks, university campuses, recreational athletic facilities, as well as the lighting of commercial roadways, interchanges, state highways, and roundabouts. He has a working knowledge of the Department of Defense’s Unified Facilities Criteria (UFCs), NFPA 72 (National Electric Code), NFPA 101 (Life Safety Code), NFPA 780 (Lightning Protection Systems), and energy conservation techniques required by both ASHRAE 90.1 and the International Energy Conservation Code (IECC). Project Experience AlphaLoop Alpharetta, GA Electrical Engineer Atlanta BeltLine Enota Park Atlanta, GA Electrical Engineer Milton TSPLOST Batch 1 Design Services Milton, GA Electrical Engineer Sandy Springs Heritage Center Sandy Springs, GA Electrical Engineer Alpharetta Big Creek Greenway Extension Alpharetta, GA Electrical Engineer Alan Gregg, PE Electrical Engineer Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 10 Subconsultant Teaming Partner Education BS, Civil Engineering, Florida State University, 1990 Registration Professional Engineer, GA #040249 Professional Affiliations N/A Matthew has over 20 years of engineering experience in design and construction of commercial and municipal infrastructure projects. The engineering services provided cover all aspects of structural design from conceptual planning to construction documents. Project Experience Lafayette Heritage Trail Tallahassee, FL Structural Design Engineer Suwanee Creek Greenways and Trails Suwanee, GA Structural Design Engineer Rookery Bay National Estuarine Research Reserve Naples, FL Structural Design Engineer Smyrna Dunes Park Volusia County, FL Structural Design Engineer Neabsco Nature Preserve Prince William County, VA Structural Design Engineer Matthew Parker, PE Lead Structural Engineer | Parker Consulting STAFFING We are committed to building the best team to deliver the best results. Due to the special requirements associated with boardwalk structural design, we are teaming with Matthew Parker of Parker Consulting Services, Inc. (PCS). Matthew has extensive experience in the design of public and private boardwalks and fishing pier structures. Andrea and Matthew have a successful working history, most recently on the Lombard Mill Pond Preserve Trail and previous other boardwalk projects while with a prior firm. Together they have worked on the design of boardwalk structures that can be built via top-down construction to minimize the need for permitting through the Army Corps of Engineers. These structures have minimal impact on the waters and do not require a de- watering impact of heavy construction equipment within sensitive river, wetland, or pond areas. PCS was started by Matthew Parker in 1999 and has completed numerous structural designs of bridge and boardwalk systems utilizing a topdown construction method. These boardwalk and bridge designs crossed wetlands, water bodies and physical features that would have been impossible to construct with traditional methods, preserving sensitive environmental features. Role: Structural Engineering Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 11 The LA Studio at Pond has been providing full landscape architecture, engineering, and architectural services to Georgia Department of Natural Resources (DNR) State Parks Division for the past seven years through a demand services task order on-call contract. Projects have included extensive trail systems, full park master plans, complete park facility assessments, and complete design and engineering of brand new parks and historic sites. To showcase our expertise in working with DNR, below is a sampling of the projects we have been fortunate to work on: ƒPanola Mountain State Park Master Plan Update ƒBattle of Brier Creek Memorial Design ƒChattahoochee Bend Trails Master Plan ƒDon Carter State Park Trails Master Plan ƒDon Carter State Park Equestrian and Hiking Trails Construction Documents ƒFort Yargo State Park Comfort Station Replacement ƒFort Mountain State Park Equestrian Facilities Study ƒFort McAllister Campground Renovation ƒHard Labor Creek State Park Campground Renovation ƒIndian Springs State Park Cottages Site Renovation Design Documents ƒElijah Clark State Park Facility Assessment and Master Plan ƒAH Stephens Trail Master Plan ƒCloudland Canyon Connector Trail Master Plan and Construction Documents ƒFD Roosevelt State Park Campground Renovation ƒFlorence Marina Facility Assessment ƒGun Range Target Cover Design ƒJarrell Plantation Facility Assessment ƒResaca Battlefield Master Plan and Construction Documents ƒAmicalola Falls State Park Master Plan ƒFDR Warm Springs Pools Facility Assessment Reference: Georgia Department of Natural Resources Brent Vendola P: 404.323.6214 E: brent.vendola@dnr.state.ga.us Georgia Department of Natural Resources On Demand Services Statewide, GA STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 12 ƒPond developed construction documents and construction administration services for the new JB Williams Park in the Mountain Park Community. ƒThe previously developed park master plan includes a 300-foot lighted baseball field, three- quarter mile multi-use loop trail, two-acre dog park, playground, skate plaza, 60-foot picnic pavilion, concessions, restrooms, and parking for nearly 200 vehicles. ƒThe project was managed through Pond’s LA Studio and included civil and structural engineers and architects to develop the plans for permit and construction. ƒOur team developed an underground stormwater detention facility to meet the County’s requirements while preserving the integrity of the site plan. ƒDistinctive design elements include a street-style skate plaza connected to the tree canopy deck, a unique architectural element that gives park visitors a different experience. Reference: Gwinnett County Rex Schuder P: 770.822.8864 E: Rex.schuder@gwinnettcounty.com ƒRecreational Trails Program grant funding ƒThe County wished to add two segments of hard surface trails, totaling less than a mile, to the existing system of trails at this 700+-acre park in eastern Gwinnett County. ƒThe first trail will be a 12-foot-wide multi-use asphalt trail that connects to a proposed trail along New Hope Road that will connect to the nearby high school and several new residential neighborhoods in the area. It will provide a critical link to the internal trail system in the park and will further open up the park resources to recreational uses. ƒThe second trail, designed to weave through wetlands and include a boardwalk section across a small stream, is a 10-foot-wide concrete path that replaces an existing soft surface trail that has experienced heavy erosion. This trail leads park visitors to an old mill remnant and stream at a granite outcrop. Reference: Gwinnett County Marcie Moore (currently with Moore Urban Forestry) P: 678.576.2667 E: mmoore2000@charter.net JB Williams Park Gwinnett County, GA Tribble Mill Park Trails Expansion Gwinnett County, GA STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 13 ƒPond devised a plan to open this land to the public as a nature preserve; it is now a wildly popular birding destination. ƒPond conducted an analysis of the site, studying the vegetative cover, soils, slopes, natural habitats, and existing use patterns, then developed a master plan, reflecting the best location for park access, parking, trails, and boardwalk throughout the property. ƒThe park includes a gravel parking lot for approximately 30 cars, a half-mile paved trail from the parking area to the lakes, a series of boardwalks for greater access to the lakes, and a full loop trail system of paths and boardwalks to give visitors greater access to this urban natural gem. ƒThe park is a preserve of the natural wetland ecosystem; great care was taken to plot the location of the parking lot, trails, and boardwalks to minimize impact to the natural landscape and to preserve significant trees on-site. Reference: DeKalb County Dave Butler (retired) P: 404.580.3917 E: Treebutlerdb7@gmail.com ƒUpgrades to the park included a new ADA accessible route from the main parking area down to the lake within the park, and a boardwalk across the lake, making access to the water’s edge accessible to all. ƒStormwater mitigation solutions were added on the master grill picnic area of the park, to help alleviate erosion and runoff problems in that area. ƒPark Pride facilitated the project and grant funding that paid for the improvements, with Pond designing and permitting. Reference: Park Pride Andrew White P: 404.546.7965 E: andrew@parkpride.org Constitution Lakes Atlanta, GA Adams Park Improvements & Boardwalk Atlanta, GA STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 14 ƒThe park is home to the head waters of Proctor Creek, a water course that has garnered much attention in Atlanta in recent years. ƒThe northern and largest part of the park is planned to be primarily passive land with a significant forest restoration component. ƒPond is the lead design and engineering team for the new park and has worked with teaming partners to compile a thorough assessment of all existing trees on site in anticipation of saving and restoring the landscape. ƒThe project is slated to be a SITES rated project at the Silver or Gold level. ƒThe park will be interconnected with trails, art, green infrastructure BMPs for stormwater management, native landscape restoration, and active recreation, including basketball, playgrounds, interactive water features, and open space for unprogrammed play, performance, and gathering. ƒThe team worked through the process of getting approval from the State Historic Preservation Office (SHPO) to remove a building on site that was potentially eligible to be considered a historic resource. ƒDue to Land and Water Conservation Fund (LWCF) grant funding, an extensive review process was executed to prove the building was authorized for removal. ƒMany creative exercises in design and Value Engineering (VE) were employed to keep the project within budget. ƒThis project has multiple stakeholders with whom the design team worked very closely with to build consensus in decision making and agreement on design and operations. Reference: Atlanta BeltLine Kevin Burke P: 404.477.3637 E: kburke@atlbeltline.org Atlanta BeltLine Enota Park Atlanta, GA STAFFING Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 15 Experts and Trusted Partners Project Management Team Matthew Wilder, PLA will be the contract manager for the design services, ensuring proper staff and resources are committed to the development of the design and engineering plans. Andrea Greco, PLA, will serve as day-to-day Project Manager and be supported by Aubrey Sabba as Lead Landscape Architect. Michael Katzin, AIA, NCARB, will serve as our Lead Architect and Alan Gregg, PE, will lead the electrical engineering efforts, most recently serving as the Lead Electrical Engineer on the site electrical, lighting, and restroom facilities at Enota Park in Atlanta and a restroom at the Sandy Springs Heritage Center. Brenden Frazier, PE, LEED AP BD+C, CEM, Lead Mechanical Engineer, is experienced with the engineering of mechanical systems of parks and facilities, including the Stone Mountain Campground Renovation and JB Williams Park. Matthew Parker, PE, Lead Structural Engineer with Parker Consulting Services, specializes in the design of recreational boardwalks and related structures in riverine and marine environments. The project management team is fully supported by Pond’s entire staff. We have more than 500 professionals, 330 locally, and the ability to seek any answer or solution through one of our excellent staff members. Innovative and Creative Design Features Whenever possible we work with our clients to bring unique landmarks and experiences to their park’s design. At JB Williams Park in Gwinnett County, we designed a two-story woodland and park overlook. The overlook consists of metal and concrete elements and provides vistas of the skate park and adjacent forest while also providing access in a grade separated area. On the State Bridge Road park project for the City of Johns Creek, we master planned and worked with specialty consultants to design a treetop walkway and boardwalk experience for visitors at this small park with mature tree growth. Not yet constructed, the proposed walkways will give users a different perspective of the park, and an opportunity to see the treetop vegetative and wildlife up close. For the design of Enota Park, our architects, mechanical, structural and electrical engineers worked with our lead landscape architects to incorporate numerous elements of sustainable design into our drawings and specifications. For this park that is headed towards SITES (Sustainable Sites Initiative) Certification, we incorporated the design of solar panels, numerous elements including high percentages of recycled materials, green infrastructure including bioswales and pervious pavement as well as requirements for the reuse of harvested timber. Federal, State, and Local Government Experience Pond’s vast experience with federal, state, and local government contracts demonstrates our breadth and depth of experience to meet the challenges of numerous projects. We understand the nature of government contracts and that our clients all have unique needs and procedures. We bring organizational flexibility, effective and reliable management, and a track record of work-flow management, as well as a wide range of experience. Andrea and her team members have worked on numerous projects involving the Department of Natural Resources (DNR) funding, including a host of projects for Georgia State Parks. Most recently, the team has completed work on renovations to the Stone Mountain State Park Campground, Fort McAllister State Park, Fort Yargo, Indian Springs State Park, and Hard Labor Creek State Park. In addition to working on these park projects, our team has master planned and designed hundreds of miles of hiking, equestrian, and mountain biking trails for the Georgia Department of Natural Resources State Parks Division. Recently, Andrea served as the project manager for the Tribble Mill Park Trails Expansion in Gwinnett County, which is part of the greater Gwinnett County greenway system. The project, funded with a Recreational Trails Program grant through DNR, included a boardwalk bridge over a perennial stream. She has also managed the design of Enota Park for the Atlanta BeltLine, Inc. and Mountain Park in Gwinnett County which required conformance to meet funding requirements of the Land and Water Conservation Fund (LWCF) program. STAFFING Approach APPROACH Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 16 Our vision and approach are targeted, first and foremost, to ensure that the final product is a success for the City. It must meet the needs and abilities of people of varied ages, provide the necessary services to the community, and above all be easily maintained by the City of Milton’s staff. Our team’s past work for parks and recreation departments for city, county, and state agencies has included the full range of planning, design, engineering, project management, and construction administration. We understand public sector park projects and know what to anticipate in working with stakeholders and citizens when it comes to their concerns and needs as park users. We understand fixed budgets and the need to stretch the dollars as far as possible while still providing the community with quality facilities and experiences. The overwhelming majority of our projects have been design-bid-build, as this is the typical method of procurement for public sector projects. Andrea and her team members are well-versed in the requirements and processes of publicly bid projects in the State of Georgia. Below is a matrix of our design-bid-build projects highlighting our team’s collective experience. APPROACH Approach Team Member Design Bid Build Parks/ Recreation Project M. WilderA. GrecoA. SabbaL. LinnaneM. ParkerR. JonesB. FrazierM. KatzinR. LocarniniA. GreggW. HaynesTribble Mill Park Trails Expansion ••• Pleasantdale Park •••• Mountain Park Park ••• Fort McAllister State Park ••• Indian Springs State Park •• Big Creek Greenway •••• Alpha Loop ••• Enota Park ••••••••• JB Williams Park ••• Ivy Creek Greenway (past company experience)•• Johns Creek Park (Morton Road Park)••••• Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 17 Managing Projected Costs As there are varying types of boardwalk construction to be considered, we will work with the City to share and present features and costs (near and long- term) of each so that the best long-term decision can be made with regard to material, installation, and maintenance requirements. Our approach to design will be to develop a plan and performance specifications that ensure the City will receive the most advantageous bids from contractors for the installation of the trail and boardwalk/bridge(s). We understand the volatility of construction pricing these days and will utilize the expertise of our in- house team and external estimating specialists to try and mitigate the variability, while also developing a system of add- or deductive alternates for the bidding process, to ensure a biddable, buildable project. By establishing minimum requirements and performance metrics, the City will receive “apples to apples” bids while benefiting from the ability of contractors to provide solutions and products that meet these requirements. Our team will review all contractor proposals and advise the City on best value and overall user experience from the solutions provided. Compliance with Building Codes We fully understand that universal accessibility is important to any successful outdoor recreation project. The ADA requirements related to projects with a pier, boardwalk/bridge, and a restroom in a passive park location can be confusing; the City can rest assured that our team has worked through this issue time and time again on the hundreds of miles of trails and hundreds of parks we have designed, and we will provide a solution that maximizes accessibility for all park visitors. We will also comply with relevant loading requirements desired by the client team for the pier and boardwalk structures. Construction Techniques Due to the variety of projects our team members have worked on, we are familiar with different types of construction methods for the restroom, pier, and boardwalk crossing. Restroom Building – Restrooms are typically slab on grade and can either be wood frame stick built or, more frequently, built with concrete block exterior walls with interior wood framing. Public restrooms need to be constructed with durable materials that can withstand heavy use and are easily maintainable by parks staff. Fishing Pier and Boardwalks – The majority of our boardwalk overlooks and pier type structures have been with marine treated wood piers and durable pressure-treated water rated Southern Yellow Pine decking. Pond and Parker Consulting often advocate for top down construction techniques as to have limited impact to waters/wetlands and reduce permitting requirements through the Army Corps of Engineers. To limit permitting at Indian Springs State Park, we specified a floating dock that bridged the state 25-foot buffer in order to reduce the needs for both State EPD and Army Corps permits. To meet the City of Atlanta’s maintenance needs at Adams Park, Pond collaborated to design a perma-trek concrete boardwalk system on metal piers. Railing types on our boardwalks and overlooks/piers have varied from metal mesh to cable rail, depending on the needs of the client. Abutments on piers and boardwalks on our projects have varied from poured in place concrete to wood, depending on the site conditions. APPROACH Pond Project: Adams Park, Atlanta, GAPond Project: Indian Springs State Park, Flovilla, GA Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 18 Additional Environmental Permitting Services (not included in this proposal) We will evaluate your needs and preferred design to determine the likelihood of EPD stream buffer and Army Corps permitting. At a minimum, the City will need to do a waters and wetland delineation to determine the existing limits of these sensitive and regulated areas. The City should be aware that if and when these services are required, the schedule will need to be adjusted. State stream buffer permits can be expected to take a minimum of six months after the design is proposed and submitted to the State. Pond is happy to discuss these requirements with the City. We have an Environmental Services department in-house with specialized staff that is highly-experienced with delineation, stream buffer permitting, and Army Corps permitting, and they can provide a fee for potential or needed services when requested. Upon review of the floodplain map for this area, it is clear that the entire lake and some of the streams that feed into the lake are within the 100- year floodplain, and most of the lake is also in the designated floodway. It is assumed that the fishing pier falls within the floodplain and floodway, and it is possible that the proposed boardwalk crossing may be within similar conditions. Construction within the floodplain and floodway is under regulation by FEMA and the local floodplain administrator for the City of Milton. Pond has civil engineers with extensive knowledge of HEC-RAS flood modeling and coordination with FEMA floodplain administrators, and they can develop Conditional Letter of Map Revision (CLOMRs) and Letter of Map Revision (LOMRs) as required. Coordination of our hydraulic specialists will be needed with the design and client teams to ensure that the design minimizes impact to the flood areas. The flood studies, coordination with the local floodplain administrator and FEMA, as well as the CLOMR and LOMR will add considerable additional timeframe into the project scope. Pond can provide scopes and fees for these services to the City of Milton when requested. As should be evident from our portfolio, personnel qualifications, and services, it is very important to our team that social and economic factors, and the natural environment are prioritized. Our commitment to the human environment and human experience is honest and forthright; we aim to develop projects that celebrate, protect, conserve, and ultimately produce memorable experiences that people desire to return to day after day, and year after year. Assumptions and Exclusions Throughout Project Duration ƒClient to supply topographic and boundary survey to Consultant in AutoCad. ƒSite visits and meetings will occur at the same time for all three projects. Program Verification ƒRestroom to be located outside of the floodplain, floodway, or state or local stream buffers. ƒMeetings: ƒKick-off meeting and meeting minutes ƒSite Visit ƒIncludes three (3) site design concepts. ƒOne (1) Site Program Verification Meeting with Client, PM, and Architect. ƒSend digital copies of the concepts to the client in advance of the meeting. Schematic Design ƒGeotechnical & Soil Services/Investigations to be contracted directly by the City of Milton. ƒTwo (2) alternate concepts for the restroom will be presented. ƒAssumes specification of composting toilet. If the composting toilet is not feasible, Pond will submit a scope change to perform septic system design. ƒMeetings: ƒOne (1) Schematic Design Meeting with Client, PM, and Architect ƒMeeting with Health Department for composting toilet system review ƒSend digital copies of the design to the client in advance of the meeting. Construction Documents ƒNPDES and 3-Phase Erosion Control Plans will be required because the project is within 200 feet of a body of water. ƒAssumes the boardwalk is 35-foot-long by 8-foot- wide with no railings required. ƒFront end bid documents and advertisement by bidding to be completed by the Client. APPROACH Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 19 ƒPond will provide Technical Specifications through the combination of documents and notes on drawings. ƒArchitectural drawings for the restrooms will be produced in Revit. ƒTelecom and security design for the restroom will be pathways only, no cabling infrastructure. ƒAssumes the utility company will extend primary power and a transformer to the site. ƒNo electrical for boardwalk and pier will be required. ƒOne (1) meeting during construction document phase to review documents. ƒSend digital copies of the design to the client in advance of the meeting. Bidding Services ƒConsultant will attend the pre-bid meeting. ƒClient will distribute electronic copies of the plans to Contractors. ƒClient will compile comments and questions before submitting to the Consultant for responses. ƒClient will distribute addendum and meeting minutes to Contractors. ƒSend digital copies of the design to the client in advance of the bidding. Construction Phase Services ƒConsultant will provide digital copies of the plans to the Client and Contractor. ƒConstruction is expected to take approximately five (5) months. ƒConsultant will attend the following meetings: ƒOne (1) pre-construction meeting with Client and Contractor ƒ7-day NPDES Inspection ƒThree (3) OAC meetings during the five-month construction period by PM or Lead Landscape Architect in addition to substantial completion and final punch list visits ƒOne (1) visit by the Structural Engineer ƒThree (3) visits by the Architect in addition to substantial completion visit ƒOne (1) visit by the Mechanical Engineer ƒOne (1) visit by the Electrical Engineer in addition to substantial completion visit ƒSubstantial completion punch list ƒFinal completion punch list and final acceptance letter ƒMeeting minutes from the site visits and OAC meetings included. ƒClient to coordinate any required geotechnical services during construction. ƒProvide Client information for status updates for required LWCF and RTP funding reimbursements. Exclusions ƒColor renderings and 3-D renderings ƒAdditional meetings or public meetings ƒHydrology studies ƒSeptic design and pump design for septic system ƒFEMA coordination, floodway, floodplain modeling, CLOMR and LOMR studies ƒWetlands and stream buffer delineations ƒState stream buffer permitting ƒHistoric resources studies or reporting ƒPermitting through Army Corps of Engineers ƒRedesign associated with value engineering after bidding ƒPermitting through local agencies to include one (1) round of comments APPROACH Pond Project: Constitution Lakes, DeKalb County, GA Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 20 Schedule Assumes three projects run simultaneously APPROACH 2020 Task Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Program Verification Kick-off Meeting Review Programming Needs Visit Site Conceptual Site Layouts Review Site Layouts with Owner Composting Toilet System Review Develop Final Concept Plans Meet With Owner to Review Concept Plans Schematic Design Revise Site Layout Meet With Health Dept Develop Final Schematic Plans Diagrammatic Info for S/M/E/P System Review Preliminary Estimate of Probable Cost Meet With Owner for Schematic Design Construction Documents* Construction Plans/Details/Technical Specs Permitting Coordination Submission of Plans to Owner & Permitting Permitting Review Period* (City, County and E&S Only) Address Comments Permits Received (City, County and E&S Only) Bidding Services Award bid Construction Services *Note: Schedule in Construction Documents and Permitting timeframe does not include flood modeling studies/reports or permitting for State Stream Buffer, Army Corps, and FEMA Floodplain. Those items are to be determined and not included in the scope/fee. Availability AVAILABILITY Pond Proposal | RFP Number 20-PR03 | Providence Park Improvements 21 Pond has assembled personnel who are available and committed to fully complete the improvements at Providence Park. With more than 330 local employees, the Pond Team has the advantage of abundant resources. Select current and awarded LA Studio project information is provided below. AVAILABILITY Availability Recently Awarded Project Name General Scope Budget (Design)Start/Completion Date Sawnee Mountain Preserve Phase 4 Planning, construction bid documents, and permitting $50,000 01/20 - 6/20 Stout Park Renovations Trail/bridge design, site improvements $145,000 02/20 - 06/21 Currently Under Design Project Name General Scope Budget (Design)Start/Completion Date AeroATL Greenway Model Miles Feasibility study for seven greenways $437,000 01/20 - 11/20 Lenox Road Complete Street Plan Phase 1 design $600,000 10/19 - 12/21 Gwinnett Loop Trail Feasibility and conceptual design $122,555 09/19 - 12/20 Cobb County PARKS Signage/Wayfinding Comprehensive system of signs and wayfinding $85,600 01/19 - 6/20 Westside Trail Multi-use urban trail construction documents $230,500 01/13 - 12/21 Pleasantdale Park Design services for renovation of soccer complex and related facilities $162,500 11/19 - 12/21 Current Bidding & Construction Services Projects Project Name General Scope Budget (Design)Start/Completion Date Enota Park Design and engineering for eight-acre passive and active park $860,372 06/20 - 06/24 Peachtree Ridge Park Ballfield and playground renovation $123,000 01/20 - 12/20 Lombard Mill Trail Trail/small boardwalk in greenspace $45,500 01/20 - 08/20 Jesters Creek Greenway Phase III Trail, boardwalk, and bridge in greenspace $250,500 01/20 - 12/20 Addenda Acknowledgment ADDENDA ACKNOWLEDGMENT - NITTOA] ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP, COMPANY NAME: Pond &Company CONTACT PERSON: Robert Williams ADDRESS: 3500 Parkwak Lane, Suite 500 CITY: Peachtree Corners STATE: GA ZIP:_ 30092 PHONE: 678.336.7740 FAX: 678.336.7744 w EMAIL ;A DRESS: williamsbQa pondco.com Signature Date ADDENDUM #1 RFP 20-PR03 Addendum # 1 1 � P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 20-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Pond &Company CONTACT PERSON: Robert Williams ADDRESS: 3500 Parkway Lane, Suite 500 CITY: Peachtree Corners STATE: GA ZIP:. 30092 PHONE: 678.336.7740 FAX0 678.336.7744 EMAIL^ADDRESS: williamsbCr�pondco.com Signature ADDENDUM #2 Date RFP 20-PR03 Addendum #2 l i P a g e 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 678.336.7740 | Pondco.com © 2019 Pond & Company 23 | RFP 20-PR03 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH PROPOSAL ~ IN SEPERATE SEALED ENVELOPE One (1) original and six (6) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Phase of Work Restroom Boardwalk Pier Total Program Verification Schematic Design Construction Documents Bidding Assistance Contract Administration Grand Total: Total Price$______________________________ Print Total Price in Words: ____________________________________________________ Print/Type Company Name Here: __________________________________________________ Authorized Signature___________________________________Date_______________________ Print/Type Name___________________________________________________________________ Print/Type Title_____________________________________________________________________ One-hundred thirty nine-thousand, nine- hundred and fifty dollars Pond & Company April 23, 2020 Principal, PLACE Program Manager Matthew A. Wilder EXHIBIT “C” See Exhibits “A” and “B”, subject to the following clarifications: 1.The “bidding assistance” and "contract administration" components of the Work discussed in Exhibit “A” and Exhibit "B" have been removed. These items may be latter added back into the scope of work, upon mutual agreement of the parties, if funding and grant deadlines allow. 2.Notwithstanding the provision in Exhibit “A” that “The City anticipates entering into a separate contract for each project,” the City has elected to execute one contract for all grant services. Consultant shall keep accounting records distinguishable for each project to allow for payment requests as to each project to be allocated to its respective grant. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Pond & Company Name of Contractor Providence Park Improvements – Professional Design Services & Construction Administration Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Pond & Company 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 Contractor Providence Park Improvements – Professional Design Services & Construction Administration Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ “EXHIBIT F.1” Federal Requirements Consultant acknowledges that the Work will be funded in part by federal grant funding via the Georgia Department of Natural Resources (GADNR) as the pass-through funding entity. To achieve compliance with state and federal requirements, Consultant agrees to the following supplemental terms and conditions: 1. Compliance with Project Framework Agreement. Consultant shall perform all work in compliance with the applicable grant funding agreements between the City and GADNR (including all documents referenced within the agreement) the forms of which are attached to this Agreement as Exhibits “F.2” “F.3” and “F.4”. 2. Access to Records. a. Access. Consultant shall provide access to GADNR, any interested federal agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcriptions. b. Retention. Consultant shall retain all required records for not less than 3 years after final payment and all other pending matters are closed. 3. Cost Accounting. Consultant shall be responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate that all costs claimed have been incurred, are allocable to the contract, and comply with federal cost principles. If the Consultant charges unallowable costs, the City may pursue all available administrative, contractual, or legal remedies and impose such sanctions and penalties as may be appropriate. 4. DBE Compliance. a. If Consultant subcontracts any portion of the Work, it must take the following affirmative steps to encourage participation by minority businesses, women's business enterprises, and labor surplus area firms: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. b. Contract Assurance: The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Consultant from future bidding as non-responsible. Each subcontract Consultant signs with a subcontractor must include the assurance in this paragraph. c. Prompt Payment: The Consultant agrees to pay each subcontractor (if any) under this Agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Consultant receives from the City. The Consultant agrees further to return retainage payments (if any) to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. 5. Compliance with Title VI of the Civil Rights Act of 1964. The following provisions will apply only to contracts assisted by the Federal Department of Transportation. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter all referred to as the "Consultant"), agrees as follows: a. Compliance with Regulations. The Consultant shall comply with the all applicable regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination. The Consultant, 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 subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Consultant 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 Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. d. Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the Consultant under the contract until the Consultant complies; and/or ii. Cancellation, termination, or suspension of the contact, in whole or in part. f. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. 6. Title VI List of Pertinent Nondiscrimination Acts and Authorities. The following provisions will apply only to contracts assisted by the Federal Department of Transportation. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). 7. Environmental Compliance. Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Consultant agrees to report any violation to the City immediately upon discovery. 8. Lobbying Certifications. By entering into the Agreement, the Consultant certifies, to the best of his/her/its knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. c. The Consultant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 9. Energy Conservation. Consultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan (if any) issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq). Consultant shall require any subcontractors to comply with these standards and policies. 10. Debarment and Suspension. The Consultant agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. The Consultant agrees to, and assures that its subcontractors, lessees, third party contractors, and other participants at any tier will, review the “Excluded Parties Listing System” at http://www.sam.gov/portal/public/SAM/ before entering into any subagreement, lease, third party contract, or other arrangement in connection with this Agreement. 11. FLSA Compliance. This Agreement incorporates by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. 12. OSHA Compliance. This Agreement incorporates, and all subcontracts of Consultant must incorporate, by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 13. Certification Regarding Tax Delinquency and Felony Convictions. By entering into this Agreement, the Consultant certifies the accuracy of the following two statements: (1) The Consultant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The Consultant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 14. Fly America. To the extent, if any, that the Agreement requires international air transportation of any individuals involved in or property acquired for the project, Consultant agrees that all such air transportation shall be provided by U.S.-flag air carriers to the extent such service is available, in compliance with section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. GSA regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301- 10.131 through 301-10.143. 15. Texting When Driving. In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Department of Transportation encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the City encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Consultant must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 16. Procurement of Recovered Materials. To the extent applicable, the Consultant agrees to comply with the U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Accordingly, the Consultant agrees to provide a competitive preference for products and services that conserve natural resources, protect the environment, and are energy efficient, except to the extent that the Federal Government determines otherwise in writing. 17. Copyright. The applicable Federal awarding agency shall receive a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under this Agreement; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership for purposes of this Agreement. 18. Architectural Barriers Act. All facilities will be designed to comply with the Architectural Barriers Act of 1968, as amended (Public Law 90-480), relating to accessibility standards. 19. Environmental Considerations. All projects shall be designed to allow compliance with Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution, and Executive Order 11990 relating to the protection of wetlands. 20. Whistleblower Protections. All employees of grantees, contractors and subcontractors working on this Agreement will be subject to the whistleblower rights and remedies in the pilot program on recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation. Consultant shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. Consultant shall insert the substance of this clause, in all subawards or subcontracts over the simplified acquisition threshold. “EXHIBIT F.2” STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES PROJECT AGREEMENT Applicant: City of Milton Street: 2006 Heritage Walk Project Title: Trails at Providence Park City: Milton Project #: NRT-18(16) Zip: 30004 County: Fulton Phone #: 678-242=2571 Project Period: This agreement is executed to December 31, 2020 Project Scope (description of project): The trail will be a newly constructed 0.5 mile, 8 foot wide paved trail in Milton's 42 acre Providence Park. The trail width was reduced from 10 feet (in the first round application) to 8 feet to decrease the overall land disturbance and tree loss, yet still allowing adequate space for trail users. This trail segment is intended to be ADA compliant with grades not exceeding 5% with the majority of the trail being less than 5%. This trail will allow physically challenged users to experience the planned unique amenities and learning opportunities coming at Providence Park. Beginning at the proposed restroom building near the parking area the trail will travel into the core of the park allowing access to the proposed performance green / observation lawn within the quarry for concerts and other events, access to the quarry overlook for exciting birds -eye view of the quarry and unto the proposed Nature Center. Title of Grant -in -Aid: Georgia Recreational Trails Program Project Cost: The following are hereby incorporated into this agreement: Total Cost $362,423.15 1. Disadvantaged Business Enterprise Fund Support 80% Certification of Compliance 2. General Provisions (attached hereto) Grant -in -Aid $200,000.00 3. Project Proposal and Application (submitted by applicant and on file with DNR) Minimum Local Match $ 72,484.63 4. Revised cost estimate The State of Georgia, Department of Natural Resources (hereinafter referred to as DNR), and the City of Milton (hereinafter referred to as the Applicant) in consideration of the mutual promises and benefits flowing to each as hereinafter stated, do hereby agree to perform this agreement in accordance with the National_ Recreational Trails Act (NRTA), Title I, Part B, Section 1301 of the Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240, 105 Stat. 1914), later reauthorized as the Recreation Trails Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109-59, 119 Stat. 1144), and the provisions and conditions of the Federal Highway Administration guidelines for the RTP grant program, and with the terms, promises, conditions, covenants, assurances, plans specifications, estimates, procedures, project proposals, and maps attached hereto or retained by the Applicant or DNR and made a part hereof. The Applicant certifies that it possesses the legal authority to apply for the grant, enter into this Agreement, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the project application, approving this agreement, including all understandings and assurances contained therein, and directing the persons whose names and signatures appear herein below to sign this agreement on behalf of the Applicant and to act in connection with the project and provide such additional information as may be required. The Applicant further certifies and assures that it has the ability and intention to finance the non -State (local) share of the costs for the project, and that sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. DNR agrees to obligate to the Applicant the sum specified hereinabove as the Grant -in -Aid, and to tender to the Applicant that portion of said grant which is required to pay DNB's share of the costs of the project, based upon the percentage of assistance specified hereinabove as Fund Support. The Applicant agrees to execute the project in accordance with the terms of the agreement. The Applicant further agrees that, as the benefit to be derived by the State of Georgia and DNR from the full compliance by the Applicants with the terms of this agreement is the preservation, protection, and the net increase in the quality of public recreational trails which are available to the people of the State and the United States, and as such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by DNR by way of assistance under the terms of the agreement, that payment by the Applicant to DNR of an amount equal to the amount of assistance extended under this agreement by DNR would be inadequate compensation to DNR for any breach by the Applicants of this agreement. The Applicant further agrees, therefore, that THE APPROPRIATE REMEDY IN THE EVENT OF A BREACH BY THE APPLICANT OF THIS AGREEMENT SHALL BE THE SPECIFIC PERFORMANCE OF THIS AGREEMENT. The Applicant agrees to use its best efforts to ensure compliance with regulations pertaining to Disadvantaged Business Enterprises (DBE). The Applicant shall not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the selection and retention of contractors, including procurement of materials and leases of equipment. The following special project terms and conditions apply: a. In planning and executing the project, the Applicant agrees to consider the comments of agencies who responded to the environmental review requests for this project. b. The Applicant shall minimize the use of heavy equipment for clearing and grading, and is encouraged to use porous/pervious surfacing. c. As directed under Executive Order 13186, in furtherance of the Migratory Bird Treaty Act (16 U.S.C. sections 703-711), actions must be taken to avoid or minimize impacts to migratory bird resources, and to prevent or abate the detrimental alteration of the environment for the benefit of migratory birds, as practicable. An area of forested habitat of 100 acres or larger could be a significant or important site for migratory birds, as could existing bridges or culverts, where the birds may nest. DNR and the Applicant agree that the area of impact of this project is less than 100 acres, and therefore is not considered significant or important to the support of migratory bird populations. The parties also agree- that no Pa existing bridge or culvert on the project site will be reconstructed or removed as part of this project. The Applicant agrees to notify DNR if it seeks to modify the scope of the project or reconstruct or remove any existing bridge or culvert at the project site. d. The Applicant agrees to observe the comments of DNR's Environmental Protection Division(EPD), Historic Preservation Division(HPD), Wildlife Resources Division(WRD), US Fish and Wildlife(USFW) and the Department of Transportation(DOT) regarding the project. e. It does not appear that streams or wetlands will be affected with this project. If the final design does show impacts, then a USACE 404 permit must be obtained. In witness whereof, the parties hereto have executed this Agreement as of the most recent date entered below. STATE OF GEORGIA, DEPARTMENT OF APPLICANT, CITY OF MILTON NATURAL RESOURCES BY BY WALTER RABON, DIRECTOR OF JOE LOCK D, MAYOR OF ADMINISTRATIVE SERVICES CITY OF MILTON �'1G�rY WITNESS WITNESS 70 ?4 DATE DATE GEORGIA RECREATIONAL TRAILS PROGRAM CERTIFICATION OF COMPLIANCE FEDERAL HIGHWAY ADMINISTRATION DISADVANTAGED BUSINESS ENTERPRISE GUIDELINES The Recreational Trails Program (RTP), which is funded through the Federal Highway Administration, must comply with federal regulations on Disadvantaged Business Enterprises (DBEs). In most cases, RTP project sponsors will perform grant work using volunteer labor or internal staff. However, in situations where trail construction or maintenance work is contracted, these guidelines will apply. As a condition of the grant award, each grantee shall make a good faith effort to award 10 percent of any contracts and subcontracts awarded under this federally funded project to DBEs. Methods used to attain this goal, including businesses contacted and DBEs used will need to be reported in writing to the DNR prior to the award of the construction contract. Any explanation of why the 10 percent goal was not met will also need to be reported. The grantee understands and agrees to comply with the Disadvantaged Business Enterprise goal as a condition of the grant award`. ��Ir Pgwidetxe- Project:- ��'� Project # Project Coordinator: Tim erew. ( trint Name) Telephone Number: �� — Z4Z f RAI ,�-'7"-Z I Loc To hfr Signa re Date In Accordance with 2CFR200 CFDA # 20.219 0 IN 1s O s-. cz cz r- bD m 0 E E 0 0 b 0 0 O U a� e) 'O U cz O U 0 ri b � y ^/c\ rO V� U "C7 b Q � zz w � � o Q a 1s O s-. cz cz r- bD m 0 w 0 d td rn z C CD a C) CDC Y o 0 z� o C) CDC a. C CD CD 0 o`C x H �-3 C-' 0 w 0 1 DEPARTMENT OF NATURAL RESOURCES PROJECT AGREEMENT GENERAL PROVISIONS The applicant and DNR Mutually agree as follows: A. DEFINITIONS 1. The term “Applicant” as used herein means the local political subdivision, State, or Federal agency which is a party to this agreement. 2. The term “DNR” as used herein means the Department of Natural Resources of Georgia. 3. The term “development project” as used herein means a project which does not involve the acquisition of real property with grant funds from DNR. 4. The term “Commissioner” as used herein means the Commissioner, Department of Natural Resources, or any representative lawfully delegated the authority to act for said Commissioner. 5. The Term “Division Administrator” as used herein means the appropriate administrator of the Federal Highway Administration or any representative lawfully delegated the authority to act for the said Division Administrator. 6. The term “FHWA” as used herein means the Federal Highway Administration, United States Department of Transportation. 7. The term “Contractor” as used herein means the contractor hired or selected by the Applicant to provide services as contracted. 8. The term “project” as used herein means that project which is the subject of this agreement. B. PROJECT EXECUTION 1. The Applicant shall attend an orientation meeting with appropriate DNR staff prior to any construction being undertaken on the project, in order to ensure compliance with applicable State and Federal laws, and financial, reimbursement and audit procedures and requirements. 2. For development projects, the applicant shall execute and complete the approved project in accordance with the following time schedule. 2 Time Frame Recommended % of Construction Progress Report Billing Requests To 6 mos. Begin Yes No To 9 mos. N/A Yes No To 12 mos. 25% Yes Yes To 15 mos. N/A Yes No To 18 mos. 50% Yes Yes To 21 mos. N/A Yes No To 24 mos. 100% Yes Yes Progress reports are due by the 15th of the month following the last day of each calendar quarter. Final reports are due 15 days after completion. 3. For acquisition projects, the Applicant shall execute and complete the approved project within eighteen (18) months of project approval. 4. For combination acquisition and development projects, the real property shall be acquired within eighteen (18) months of project approval, and the development shall proceed and be completed within twenty-four (24) months of project approval. 5. Failure to render satisfactory progress or to complete this or any other project which is the subject of State assistance under the appropriate DNR grant program to the satisfaction of the Commissioner may be cause for the suspension of all obligations of DNR under this agreement. 6. The Applicant shall permit periodic site visits by the Commissioner and/or the Division Administrator to insure work progress is in accordance with the approved project, including a final inspection upon project completion. 7. All significant deviations from the project proposal shall be submitted in writing to the Commissioner for approval. 8. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser, and the reports of such appraisers shall be made available to the Commissioner with the project application for review and approval. The Commissioner’s approval of an appraisal report will determine the extent of DNR participation for acquisition costs of real property. Costs incurred for appraisal reports, and other costs considered as incidental to acquisition, will not be reimbursed by DNR. 9. The applicant shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), as amended, and the applicable regulations and procedures implementing such act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 3 10. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Commissioner for any reason not to be suitable for DNR assistance, all obligations of DNR shall cease as to such parcel, tract or interest. 11. The applicant shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, (P.L. 93-234), 87 Stat. 975, approved December 31, 1976. Section 102(a) requires on, and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase “Federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 12. The applicant shall comply with the provisions of Executive Order 11988, relating to flood plain management; Executive order 11288, relating to the prevention, control, and abatement of water pollution; and Executive Order 11990, relating to the protection of wetlands. 13. In order to prevent discrimination against disabled users, the Applicant shall require the facility or program to comply with the following federal laws and their implementing regulations where applicable: the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Architectural Barriers Act of 1968. The Applicant shall be responsible for conducting inspections to insure compliance with these requirements by the contractor. 14. The Applicant agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. 15. The Applicant agrees to assist FHWA and DNR in complying with Section 106 of the National Historic Preservation Act of 1966, as amended, Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966; and further agrees to promptly notify DNR and FHWA of the existence of any affected properties and to avoid or mitigate adverse effects upon such properties. 16. The Applicant shall comply with the Coastal Barrier Resources Act (CBRA) P.L. 97-348, 96 Stat. 1653, (43 CFR Subtitle A), if applicable. Section 2 requires that a coordinated program among Federal, State and local governments is critical to the more appropriate use and conservation of coastal barriers. It is the purpose of the Act to minimize damage to fish, wildlife, and 4 other natural resources associated with coastal barriers along the Atlantic and Gulf coasts by restricting Federal expenditures and financial assistance which have the effect of encouraging development of coastal barriers and by establishing a Coastal Barrier Resources System. 17. The Applicant shall provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications. The Applicant will furnish progress reports and such other information as DNR and FHWA may require. 18. Development plans and specifications shall be available for review by either the Commissioner or the Division Administrator upon request. 19. In the event the project covered by this Agreement, including future stages of the project, cannot be completed in accordance with the plans and specifications for the project, the Applicant shall bring the project to a point of recreational usefulness agreed upon by the Commissioner and the Division Administrator. FAILURE TO COMPLY WITH THE ABOVE PROVISIONS WILL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT AND LOSS OF STATE FUNDS ALLOCATED UNDER THIS AGREEMENT. C. PROJECT CONTRACT AND SUBCONTRACT REQUIREMENTS The Applicant shall secure completion of the work in accordance with the approved construction plans and specifications, and shall comply and secure compliance with all applicable Federal, State, and local laws and regulations now existing, or which may hereafter be enacted or adopted. At the least, the Applicant shall meet the following requirements in contracting for goods and services: 1. The Applicant shall follow its own laws, regulations or rules governing procurement and construction contracting in order to secure competition in the award of contracts. If the Applicant does not have laws, regulations or rules to secure such competition, the Applicant shall follow the laws and regulations that govern the State of Georgia in its contracting activities. Copies of all advertisements, bids, and a copy of each such contract shall be retained for inspection by the Commissioner and the Division Administrator. 2. Written change orders shall be issued for all necessary changes in the facility being constructed under contracts of $25,000 or more. Such change orders shall be made a part of the project file and shall be kept available for audit. 5 3. The Applicant shall comply with Executive Order 12432, Minority Business Enterprise Development, if applicable, which encourages greater economic opportunity for minority entrepreneurs. 4. The Applicant shall document the procedure it follows in selecting vendors and contractors. 5. The Applicant shall not use the grant funds to support procurements utilizing exclusionary or discriminatory specifications. 6. The Applicant must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension,” or has been suspended or debarred pursuant to the Georgia Department of Administrative Services’ Georgia Vendor Manual, section 7.21. 7. Where applicable, 46 U.S.C. 1241(b)(1) and 46 CFR Part 381 impose cargo preference requirements on the shipment of foreign made goods. 8. Where applicable, Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1601, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR Parts 660 and 661 impose “Buy America” provisions on the procurement of foreign products and materials. 9. Where applicable, Section 105(f) of the Surface Transportation Assistance Act of 1982, Section 106(c) of the Surface Transportation and Uniform Relocation Act of 1987, and 49 CFR Part 23 impose requirements for the participation of disadvantaged business enterprises. 10. Where applicable, 23 U.S.C. 112(e) requires standardized contract clauses concerning site conditions, suspension of work, and material changes in the scope of the work. 11. Where applicable, FHWA grantees and subgrantees shall extend the use of qualifications-based (e.g., architectural and engineering services) contract selection procedures and shall award such contracts in the same manner as Federal contracts for architectural and engineering services are negotiated under Title IX of the Federal Property and Administrative Services Act of 1949, or equivalent State qualifications-based requirements. For FHWA programs, this provision applies except to the extent that a State adopts or has adopted by statute a formal procedure for the procurement of such services. 6 12. The Applicant shall incorporate, or cause to be incorporated, into all construction contracts: (a) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts other than small purchases.) (b) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000.) (c) Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR Part 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). (d) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (20 CFR Part 3). (All contracts and subgrants for construction or repair). (e) Compliance with the Davis-Bacon Act (40 U.S.C. 276 a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2,500 awarded by grantees and subgrantees). (f) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 – 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). (g) Notice of awarding agency requirements and regulations pertaining to reporting. (h) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (i) Awarding agency requirements and regulations pertaining to copyrights and rights in data. 7 (j) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly appointed representatives to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (k) Retention of all required records for three years after grantees or subgrantees make final payment and all other pending matters are closed. (l) Compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (m) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163). 13. The Applicant shall incorporate, or cause to be incorporated, into all construction contracts exceeding $10,000 the following Equal Employment Opportunity clauses: “During the performance of this contract, the contractor agrees as follows: “(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, or handicapping condition. Such action shall include but not be limited to, the following: Employment, upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause. “(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all 8 qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or handicapping condition. “(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order 11246, as amended (3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment. “(4) The contractor will comply with all provisions of Executive Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. “(5) The contractor will furnish all information and reports required by Executive Order 11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. “(6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. “(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, 9 litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 14. The Applicant shall (1) comply with provisions C.1 through 14 herein above in construction work carried out by itself, (2) assist and cooperate actively with the Commissioner, FHWA, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with such provision and with the rules, regulations, and relevant orders of the Secretary of Labor, (3) obtain and furnish to the Commissioner, FHWA, and the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by DNR, the Secretary of Labor or FHWA pursuant to Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Part 60), and (6) refrain from entering into any contract with a contractor debarred or suspended from participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” or with a contractor debarred or suspended under the Georgia Vendor Manual, section 7.21. D. PROJECT COSTS Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Georgia Recreational Trails Program (GRTP) manual and Office of Management and Budget (OMB) Circular A-87. Generally, costs must be necessary, reasonable, and directly related to the grant. In addition, they must be legal, proper, and consistent with the policies that govern the Applicant’s own expenditures. Any credits, such as purchase discounts, price adjustments, and federal funds available from other sources, must be deducted from total costs. Applicable cost principles are listed in 49 CFR 18.22. E. PROJECT ADMINISTRATION 1. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Commissioner and FHWA upon request. 2. It is the intent of the parties hereto that the Applicant will use the monies granted hereunder for the purpose of the Georgia Recreational Trails Program, and that assistance granted from DNR will result in a net increase, commensurate at least with DNR’s cost-share, in an Applicant’s 10 recreational facilities. It is intended by both parties hereto that assistance from DNR will be added to, rather than be replaced by or be substituted for, local outdoor recreational trails funds. 3. The Applicant shall provide to DNR, within 60 days after the date of completion of the project, all financial and performance reports required as a condition of the grant. The date of completion is the date when all work under a project is completed, or the expiration date of the grant agreement, whichever comes first. 4. The Applicant further agrees to submit relevant reports as the Commissioner or the Division Administrator may request. F. PROJECT TERMINATION 1. The Applicant may unilaterally terminate the project at any time prior to the first payment on the project. After project commencement, this agreement may be terminated, modified, or amended only by mutual written agreement. 2. The Commissioner may temporarily suspend State and Federal assistance under the project pending corrective action by the Applicant or pending the decision to terminate the grant by DNR and FHWA. 3. The Commissioner may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the Applicant has failed to comply with the conditions of the grant. The Commissioner will promptly notify the Applicant in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the Applicant or recoveries by DNR under a project terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Commissioner or the Applicant may terminate the grant in whole, or in part, at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date, and shall cancel as many outstanding obligations as possible. 5. Termination either for cause or convenience requires that the project in question be brought to a state of recreational trail usefulness agreed upon by DNR and the Division Administrator and that all funds provided by DNR and FHWA be returned. G. CONFLICT OF INTEREST 11 1. No official or employee of the Applicant, the State, or the Federal Government, who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontract. 2. No person performing services for the Applicant in connection with this project shall have a financial or other personal interest other than his employment or retention by the Applicant, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the Applicant shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the Applicant, and such officer, employee or person has not participated in the acquisition for or on behalf of the Applicant. 3. The parties to this agreement certify that the provisions of law contained in O.C.G.A. Sections 45-10-20 through 45-10-28 prohibiting full- and part- time appointive officials and employees of the State from engaging in certain transactions affecting the State have not and will not be violated in any respect in regard to this Agreement. 4. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise herein, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 5. The Applicant, DNR, and FHWA shall be responsible for enforcing the conflict of interest provisions of this agreement. H. FINANCIAL RECORDS 1. The Applicant shall maintain for a period of three (3) years satisfactory financial records, supporting documents, and statistical records, and shall make them available to the Commissioner, the State Auditor, FHWA, and the U.S. Comptroller General, and any authorized representatives thereof, for the purpose of making audit, examination, excerpts and transcripts at reasonable times. Such accounts and records shall be retained beyond the three-year period if audit findings have not been resolved. The retention period begins on the date of final payment for the project. 2. The Applicant must use a generally accepted accounting system. The financial system selected must be tailored to the circumstances of the award. Yet, all financial management systems must be designed to reflect the standards required by State and Federal laws and regulations and be capable of audit by independent audit professionals. 12 3. Where applicable, the Applicant shall be responsible for obtaining audits in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and Federal agency implementing regulations. The audit shall be made by an independent auditor in accordance with generally accepted accounting principles. One copy of the audit report shall be provided to DNR within 180 days for each audit period in which GRTP grant money is expended and/or received. 4. The Applicant shall, if so directed by DNR, employ at Applicant’s expense an independent public accounting firm, approved by the Commissioner, for an audit of the Applicant’s project. One copy of the audit report shall be provided to DNR. I. GRANT PAYMENTS 1. No payment shall be made to the Applicant until such time as the person or persons in charge of keeping records on behalf of the Applicant has attended the orientation meeting referred to in B.1. hereinabove. 2. Payments to the Applicant will be made on a reimbursable basis. In order to secure payment of funds obligated for purposes set forth in the approved project agreement, the Applicant must submit a billing request for reimbursement, for the total costs incurred for such purposes during the period covered by the billing request. The amount of the payment of State funds will be computed by the DNR accounting office on the basis of the percentage of fund support agreed to by both parties. 3. Billing requests shall be submitted by the Applicant for not less than 25 percent of the total grant amount, and shall be submitted in a timely fashion. Final billing and closeout documents are due within 60 days of project completion. (See B.2. above for construction and billing schedule.) 4. The form of billing requests to be used will be discussed further in the orientation meeting (see I.1.), must be consistent with the GRTP manual and DNR policies, and must be certified by the Applicant. 5. In the event that FHWA makes any demand on DNR to repay grant funds used in the project, or should FHWA make demands for any other relief, the Applicant shall make such repayment to DNR or take such other action as will enable DNR to comply with the demands of FHWA; provided, however, that the Applicant shall only make such repayment or take such action if its action or inaction was the reason for the demand by FHWA. J. USE OF FACILITIES 13 The Applicant agrees that the property described in this project agreement is being acquired or developed with Georgia Recreational Trails Program assistance, and shall be available for general public recreational trail use. K. NONDISCRIMINATION 1. The Applicant shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that act, no person in the United States shall, on the ground of race, religion, color, sex or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in the use of any property or facility acquired or developed pursuant to the project agreement. The Applicant shall immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the Applicant and other political subdivision or other public agency to which GRTP assistance or property acquired or developed with GRTP assistance has been transferred for public recreational trail assistance. 2. The Applicant shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e) prohibiting employment discrimination where (1) the primary purpose of the grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of the persons who are or should be benefiting from the grant-in-aid activity. 23 U.S.C. 140 (b) authforizes the preferential employment of Indians on Indian Reservation road projects and contracts. 3. The Applicant shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of Labor, FHWA and DNR. 4. The provisions of K.1. through K.3. hereinabove apply to any part of the recreational system within which the assisted facility or property exists. L. MANUAL The Applicant shall comply with the policies and procedures set forth in the Georgia Recreational Trails Program manual. Said manual is hereby incorporated into and made a part of this agreement. The Applicant agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by requirements of the manual. M. COMPLIANCE The Applicant shall be responsible for compliance with the terms of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political subdivision or 14 public agency to so comply shall be deemed a failure by the Applicant to comply with the terms of this agreement. N. INTERPRETATION 1. This agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 2. This agreement is executed in two (2) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. O. NON-ASSIGNMENT Neither the performance nor the proceeds of this agreement may be assigned except with the prior written consent of the Commissioner. P. NON-WAIVER OF BREACH The failure of DNR at any time to require performance by the Applicant of any provision hereof, shall in no way affect the right of DNR thereafter to enforce the same, nor shall the waiver by DNR of any breach of any provision hereof be taken or held to be a waiver of such provision, or as a waiver of the provision itself. “EXHIBIT F.3” DEPARTMENT OF NATURAL. RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Applicant (State.Agency/City/County/Commission/Aufhority): Project Number; LWCF(FBMS) City of Milton - 13-04982 (P18AP00626) Proj ect. Title: .Providence Park Project Period: Date..of Approval (defined. as the date of signatures on the following page) - December 31, 2020 Project Stage Covered by this Agreement: Entire Project Project..Scope..Mescription of Project): This project consists of the development of a 41 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: 1. Installation of an eco -friendly self -composting toilets and waterless urinals —.eliminates the need for a septic: to nk. 2. lnsta€€ation of Vegetative Roof Systems — planted with native vegetation, 1 Insta€lation of sol0r powered lighting along the Rahway alang:the building. 4.. 1nsta€lation.of Bioswales —The building and the area surrounding will have elements of landscaping designed to remove pollution. of surface runoff water. S. Construction.of an.ed.ucational. component— covered open-air walkway.extends between two informational stations. By execution of this.Project. Agreement, the Applicant agrees to comply with the £allowing regulations; polic'ie's, guidelines, acid :requirements, as applicable to this project: 1. Georgia Department. of'Natural Resources. Laud and Water Conservation.,Fund Project Agreement General Provisions (attached pages 3-12) 2. LWCF State Assistance Program Manual 3. Project Application and Attachrrients. 4. 2 CFR Part.2.00 5. 43 CFR Part 12 6. 35 CFR Part 59 Project. Cost: Total Cost: S 200,000.00 Fund (LWCF) Amount $ 10000.00 {Fund amount not to:ex ceed'50%l o of Total) DNR Form (October 2016) The Department of Natural Resources, represented by the Commissioner of the Department of Natural Resources or his lawfully designated representative, and the Applicant named above hereinafter referred to as the Applicant, mutually agree to perform this Agreement in accordance with the Land and Water Conservation Fund Act, the LWCF State Assistance Program Manual, and the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, assurances, and certifications attached hereto or retained by the Applicant and hereby made a part hereof. The Department of Natural Resources promises, in consideration of the promises made by the Applicant herein, to obligate to the Applicant the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay the Department's share of the costs of the above project stage, based upon the above percentage of assistance. The Applicant hereby promises, in consideration of the promises made by the Department herein, to execute the project described above in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties hereto: Applicant will need to meet the attached conditions placed on the project by the Environmental Protection Division -Watershed Protection Branch In witness whereof, the parties have executed this Agreement as of the date entered below. ST TE OF GEORGIA (Signature) Antoinette Norfleet State Liaison Officer >.. A&Ktlyj-9I,7VlB 2 CITY OF MILTON By i (Signature) Joe Lockwood (Name) Mavor (Title) GEORGIA DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT` GENERAL PROVISIONS Part .x - Definitions A. The terns: `'NPS" or "Service." as used herein means the National Park Service, United States Department of the interior: B.. The tern "DNR" as used herein means the Department ofNatura%Resources, State. of Georgia. C. The term "Secretary" as used herein means the Secretary of the .Interior, or .arty representative lawRilly delegated the, authority to act for such. Secretary. D. The term ".Commissionee' as used..herein means the Comalissioner of the Department of Natural Resources, or any represeu. tative lawfully delegated the authority to act for such Commissioner. E. The terns. "SLO" . as used herein. means. the State Liaison. Officer for the Department. of Natural Resources, or any representative lawfully. delegated the authority to act for such SLO. F. The term "giant" .as used herein means a grant of monies awarded pursuant to the Land and. Water Conservation Fund Act of 1965. & The :term "Applicant" as used herein means the state. agency, .city,. county, commissign, authority, or other local entity which is.a recipient of a grant The.term5 "applicant,"`"grantee;" and `recipient" are deemed synonymous. H. The tens "project agreement" as. used herein means. the Department of:Natural Resources Land and Water Conservation Fund Project Agreement enteredinto between .DNR and the.Applicant and which governs the acceptance and usage of the rpt I. The terra. "manual" as used herein means .the Laud and Water Conservation Fund State Assistance. Program iVlanual. `The term. "project." as used herein means a Land. and Water Conservation. Fund grant, which is subject to the project agreement and any subsequent amendments. K The term "State" as used. herein means the state of Georgia. Part R - Contiuuing.Assurances The parties to the project .agreement: specifically recognize that the Land and Water Conservation; -Fund (hereinafter LWCF or the Fund) project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act.gf l9f65 (hereinafter the Act or the LWCF Act).arid the following requirements. Further, it. is the .acknowledged .intent of the parties hereto that the recipient. of assistance will use, monies granted hereunder for the purposes of this program, and. that assistance granted from the Fund will result in a net increase, commensurate at least with the federal cost -share, in.a participant's outdoor recreation. It is intended byboth parties hereto that assistance from: the Fund will be added to,: rather than replace or he substituted for, state and local outdoor recreation funds: A. The Applicant. agrees; as recipient of this assistance, that it will rneet:the specific requirements of these general provisions and that it. will. further impose these .requirements, and the terms of the project agreement, upon any political subdivision or office. thereof, or public agency to which f mds:. are transferred pursuant to. the project. agreement. The Applicant also agrees that it shall be responsible for compliance with theterms of the project agreement by such a political subdivision or office thereof or publicagency and .that failure by such political subdivision,. or. office thereof, or public agency to .so. comply. shall -be deemed a failure by the Applicant to comply with the .terms of this project agreement. 3 S. The Applicant agrees that the property described in the project agreement and, if applicable, the signed and dated project boundary map made part of that agreement, is being acquired or developed with Land and Nater Conservation Fund assistance, or is .integral to. such acquisition. or development, and that, without the approval of the SLO acid the Secretary, it shall riot be converted to other than. public outdoor recreation use butshall be maintained in public outdoor recreation in perpetuity or for the term of the. lease ;in the case of .leased property. The SLO and the Secretary shall approve such conversion only if it is found to be in accord with The Georgia Planning Act, The: Service -.Delivery Strategy Law, and. any other.theri existing comprehensive statewide outdoor recreation plan and -only upon such. conditious.deemed necessary to assure thesubstitution of other recreation..properdes of at least equal fair market: value and of reasonably equivalent usefulness and'location pursuant to Title 36 Part 59.3 of the Code ofFed&al R4u2atfons. This replacement land becomes subject to Section 6(f).(3) protection. Applicant agrees and'understands that final approval for any such `conversion:is.at the sole discretion ofthe Secretary. Prior. to the completion of this. pro1ect, and. subject to Trial approval by the Secretary, the Applicant and the SLO may mutually alter the area described in tbe.project agreement and, if applicable, the signed and dated project boundary map, to provide the mostsatisfactorypublic outdoor recreation unit, except thatacquired. parcels are afforded Section 6(f)(3) protection: In the event the NPS. and DNR provide Land and Water Conservation Fund assistance for the. acquisition andlor development of property with fill. knowledge that the project is .subject. to reversionary rights and outstandinginterests, conversion of said property to.other.than public outdoor recreation uses as a result of such. right or interest being exercised will occur. In receipt of this .approval; the.Applicant agrees to notify DNR of:the potential conversion.as soon as possible and to seek approval of.replacement property in accord with the conditions set..fbrth in these provisions and program regulations: The provisionsof this.paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where. such Iease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by NPS and DNR; and properties subject to other outstandingrights and interests that may result in a conversion when known and agreed to by NPS and DNR. C. The Applicant. agrees that the benefit to. be derived by the State and the United States from the::full.compl ante by the Applicant with the. terms of this agreement is the preservation,: protection, and the net increase :in the quality of public outdoor recreation: facilities and resources which are available to the, people of the State'.and:of the United States, and such benefit exceeds to .an immeasurable and unascertainable extent the amount of money f rnished. by the State .anal the United: States by way of LWCI' assistance. The Applicantagrees. that payment by the Applicant to DNR or the United States of an amount equal to the amount of :assistance extendedunder the project agreement. by DNR and the United States would be inadequate compensation to DNR and the %United States for any breach 'bythe Applicant ofthie project agreement. The. Applicant further agrees, therefore;. that theappropriate. remedy in the event .of a breach by the Applicant of the. project agreement shall be the specific performance of said agreement or the submission: and approval of a conversion-of- use onversion-ofuse request as described in Part 113 above. D. 'The Applicant agrees to comply with the. manual :policies and procedures. Provisions :of the manualare incorporated into and -made .a.partofthe project agreement. E. The Applicant agrees.that the property and facilities described in the project. agreement shall be operated and. maintained as prescribed by applicable.Manual requirements and applicable published post -completion compliance regulations (Title 36 Part 59 ofthe.Code.ofFederal Regulations).. F. The Applicantagrees that a permanent record shall .be kept 'in its public .property records and available for public inspection to .the effect that the property described in the scope of the project agreement,. and if applicable, the signed.and dated..project boundary neap made part of brat agireement, has been acquired. or developed. with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the .SLO and the Secretary. Part I.. Project Assurances A. The Applicant shall comply with applicable state and federal regulations, policies, guidelines and requirements as they .relate to the.application, acceptance and use of federal funds for the project, including: .2 CFR Part 200, Uniform Administrative. Requirements, Cost Principles, and Audit Requirements for Federal Awards; :2 'CFR Part 180 & 1400; Non-Procurement.D.ebarment and. Suspension,. previously located at 43 CFR Part 42,. "Goveinm.ent-wide Debarment and Suspension (Neil -Procurement)"; 4.3 CFR Part 18, New Restrictions on .Lobbying; FAR Clause 52.203-.12, Paragraphs (a} and (b), Limitation on Payments to Influence Certain Federal Transactions, 2. CFR Part 25, System for Award:Managernerit(www:SAM.gov) and Data. Universal Numbering:System, (HUNS); and 2 CFR Part 170, Reporting Subawards and Executive Compensation B. Project: Application. The grant application bearing the same project number as the project. agreement and -associated documents is by this referencemade a part of the project agreement. 2. Tlxe. Applicantpossesses legal authority to apply for the grant, and to. finance and construct :the. proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances.contaiued herein, and directing and authorizing.the person identified as theofficial representative of the Applicant to actin connection with the application and to. provide such' additional information as may be required.. 3. The -Applicant has the capability to finance the non-federal share of the costs for theproject Sufficient. funds will be: available to assure effective operation and maintenance ofthe facilities acquired or developedby project. C. Project Execution The project period shall begin with the date of approval of the project agreement,or the. effective date of a waiver of. retroactivity and shall terminate at the end. of the stated or amended project period unless the project iscompleted or terminated sooner in which event the project.shallend on -the date of.completion: cr terminatiozi. DNR shall transfer to the Applicant. a� %nds granted hereunder exceptthose reimbursed to DNR to cover. eligible administrative expenses. 3. The Applicant will cause work on the project to be commenced within a reasonable time after receipt of notification that funds. -have been approved and assure that. the project will be .implemented tocompletion with reasonable diligence. 4. The Applicant shall secure completion of the workin accordance with approved. construction plans and specifications, and shall secure compliance withal applicable federal,. state;. and local latus and regulations. S.. In the event, the project covered by the project agreement` cannot be completed in accordance with theplans and. specifications for the project;.:tlze Applicant shall bring the project to a point of recreational usef )lness.Weed.Upon by the SLC] :and the Secretary: d. The Applicant will provide ,for: and. maintain competent: and. adequate architeciurallengineering supervision and 5 inspection at the construction site to insure that the completed work conforms to the approved .plans and specifications and.will furnish progrms:reports and such other information as the DNR may require. The Applicant will require the facility to be designed to comply with the :Architectural Barriers Act. of 1968, as amended (Public Law 90.480), relating to accessibility. standards. The Applicant will. be responsible .for conducting inspections to insure compliance withthese specifications. 8; The Applicant will comply with the terms of Title lI and Title Ili, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing the same for all real property acquisitions; and where applicable, shall assure that the same has been: complied with forproperty to be developed with assistance from the grant. 9. The Applicant will conrpfy with: the .provisions of Executive Order 11.988, relating to. evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution, and Executive Order 1.1990 relating tothe protection of wetlands. 10, The Applicant will comply with the flood 'insurance .purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and the applicable manual :provisions miatiing.to flood insurance and requirements. Section 102.(a) .requiresthe. purchase :of flood insurance. in. communities where such insurance ,is available; as a condition for thereceipt.of any federal financial assistance. for. c onstruction or acquisition purposes, for usein. any area that has been identified as an area having special. flood hazards by the Flood Insurance Administration of the federal );mergency. Management Agency. 11. The Applicant will assist the NPS in its compliance with Section 106 of the National: Historic Preservation Act. of 1966 as amended (16 U,S.C. 470); Executive Order 11593, and.the Archaeological and HimricWeservation.Act of 1966 (16 U.S.C. 459a71 et-seq.) by (a) carisultingwitl the State Historic Preservation. Officer on the conduct of investigations, as necessary,. to identify properties listed in or eligible for inclusion in the National Register of Historic.Places that are subject to e$ects.(see CFR Part 800.8) by the activity, and notifying%the DNR and NPS. of.. the existence of any such properties, and by (b) complying with allrequirements established by NPS to avoid or mitigate.adverse effects upon such. properties. 12. The. Applicant will comply with "Minority Business Enterprises". and "Women's Business Enterprises pursuant to Executive Orders 11625, 12138, and 12432 as follows: a) Ensure that: small businesses, mmority-owned firms, and women's business enterprises are, used to. the fullest extent. practicable. b] Make informationan.forthcoming opportunities:available and arrange ime frames for purchases and contracts to encourage and facilitate participation by small. businesses,,miuorityowned_ films, and women's business enterprises. c) Consider in thecontract process whether.#iirms competing. for larger contracts intend to subcoatraet with small businesses; minority owned firms, :and women's businm enterprises; d) Encourage contracting with consortiums of small busmi esses, minorityowned: firms and women's business eni:erprises when.a contract is too large,for one of these firmstohandle individually. e) Use the services and assistance, as appropriate, of such organizations as the Small Business Development. Agency in the solicitation andutihzation of small business; minorityowned. firms. and worneti's business enterprises.. 'The DNR and NPS Regional. Offices will work closely with the Applicant to ensure fill compliance`and that grant. recipientstake affirmative action in. placing a. fair share of purchases with minority business firms. 13. Applicant shall comply with the applicable provisions0f40 U.S.C. 3702 and 3744-, as supplemented by Department of.Labor.regulations (29 CFR Part 5), .relating to the. employnment of mechanics or laborers. I 14. Applicant shall comply with the applicable standards, orders and/or regulations issued pursuant.to the Clean Air Act. (42 U.S.C. §§ 7401et seq:) and the Federal. Water pollution Control Act as amended (33 U.S.C. §§ 12:5let seq.). D. Contracts.for Construction .1.Applicant shall .:complywith the applicable provisions of the equal opportunity clause as found in 4l CFR 64-1.4, in accordance with.Executive Order 1.1246, "Equal Employment Opportunity" (30 FR 12319, 12935 3 CFR Part, .1.964- 1965 Comp., p. 339); as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," acid implementing regulations at 41 CFR part 60,.,T office.ofFederal Contract:. Compliance Programs, Equal Employment Opportunity,. Department ofT abor." 2.Applicant shall comply with the applicable provisions of the Copeland "Anti=Kickback" Act (4.0 U.S.C. 3.145), as supplemented by Departinent of Labor regulations. (29 CFR -Part 3, "Contractors -and Subcontractors on Public. Building or Public Work Financed in Whole or in Part by Loans or Grants from the. United States"). 3:Applicaut shall comply with the applicable provisions. of 2 CFR 200: E. Retention acid Custodial Requirements for Records i. All Applicant financial. and programmatic records, supporting documents,: statistical records,. and: all other grant -related records shall be. retained in:accordance w.ith..2:.CFR.200.333 to:337 fora period ofthree years; except the records shall be retained. beyond the.three-year period if audit fffidii gs have.not been resolved.. 2. The retention period starts from thedate of the final expenditure: report for the project. 3. State and local governments areauthorized. to substitute copies in lieu. of original records. 4. The Secretary, the. Comptroller General. of the. United States,. and tiie SLO, or any of their duly :authorized representatives, shall have: access to any books, .documents, papers, and records of the Applicant.acrd .their related. departments which are.pertinent to a specific project: for the: purpose of malting audit, examination, excerpts and transcripts. F. Project 'Termination 1. The .Secretary. or the SLO may temporarily suspend %md assistance under theproject pezxdwg corrective actionby the Applicant or pending a decision to terminate the grant by the NPS. 2. The Applicant may unilaterally terminate the project at anytime prior to the first payment on the project After the initial payment, the. project may be.tetmhated,.modi ed; or:arnended:by the Applicant only by mutual agreement with the NPS. I The. Secretary or the SLO. may terminate the. proj ect in whole, or in part, at any time before the. date. of completion, Whenever it is .determined that the grantee: has failed to comply with the conditions: of the grain. The SLO will promptly'. notify the Applicant in writing of. the determination .and. the reasons for the terminatioin, together with. the. effective date. Payments made to Applicants or recoveries by the NPS and the DNR un. er.projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The. Secretary,.. the S.LO; or the Applicant may terminate grants. in whole, or: in part, at.any time before the date of completion, when all parties agree that the continuation of the project would not produce beneficial .results commensurate with :the ft-ther expenditure. of: funds. The parties shall agree upon the termination conditions, including the. effective dateand, in the case ofpartial termination; the portion to be .terminated.. 'The. Applicant shall not incur new obligations for the terminated portion after the effective date,.. and shall cancel as many outstanding obligationsas possible. The. NPS and the DNTR may aliow.full credit to the. Applicant. for the federal share of the noncancelable obligations, properly incurred by the Applicant prior to termination. 5. Tennination either for cause or for convenience requires .that the project in question be brouglit to a state of recreational usefulness agreed upon by tlae Applicant, the SLO, and the Secretary or that. all.grant funds provided. pumant to the'praject agreement be returned. G. Lobbying with Appropriated Funds For recipients.:of grants in.excess.ofS1.00;000, the provisions. ofMU.S.C.: 13,52 must be certified as follows. The Applicant certifies by execution of this agreement, to the best of his or her knowledge and belief, that. (1) No federal appropriated funds have: been paid or will be paid by or. on beha f of the undersigned, to any person for influencing or attempting to influence an officer or.employee :of an agency,. a Member .:of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with. the awarding of any federal contract, the making of any federal grant themaking of any federal loar; the entering into of any cooperative agreement. and the extensior4 continuation, renewal amendment or .mod modification :of any federal. contract grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any. person. far influencing or attempting. to influence an officer or employee of..any agency, a Member of Congress, an afficer.. or employee of Congress, or an employee:of a Member of Cone ess. in connection with.this federal contract grant, loan, or cooperative agreement, the.undersigned shall: complete.and submitStandard Form -LLL, . "Disclosure Form to Report Lobbying," in accordance with ifs instructions. (3) .The undersigned shall require that the language of this certification be. included in the award documents for. all subawards.at all tiers (including subcontracts, .subgrants and contracts under.grants, loons; and cooperativeagreements) and that all subrecipients shall certify. accordingly.. This certification is a material representation offact upon which reliance was.placed when. this transaction. was made or entered into. Submission of this certification is a prerequisite: for making or. entering into this transaction imposed by Section 1352, :Title. 31; U.S. .Code: Any person who fails to fle.the required certification shall.be sirbjecfto a civil.penalty of notless than $10,000 and not.more. than $100,000 for each.suchfailure. H. Nondiscrirnination Applicant certifies that, as a condition to receiving -the grant, it will comply with all federal.requirements.:relating to nondiscrimination; These include, but are not -limited to: (a) Executive Order 1I246, as amended- (b) Title.. VI of the Civil Rights Act of 1964, as amended. (78 ,Stat 25.2; 42 U.S.C. _.6§2000d et seq.), which prohibits discrimination on the basis of race, color, or national origin;: (c) Title K Section:504 of the Rehabilitation Act of 1973, as amended: (8T Stat; 394; 29 :US C. §794), which..prohibits discrimination on the:basis of disability,(d). the Ag6.Discrimination Act of 1975, as amended (89 Stat. 728,42 U.S. C §§6101 et seq),:.which prohibits discrimination on he basis of age; and with all.:other applicable federal laws and regulations prohibiting discrimination, to the end that no person in the United States: shall,. on the grounds. of race color, sexual orientation, national origin,: disability;..: religion, age, or sex, be excluded from participation in be denied the benefits -of, or be otherwise subjected to discrimination -under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately takeany. measures necessary to effectuate this agreement.. THIS ASSURANCE shall apply to all aspects ofthe applicant's operations including those. partsthat have not.received or benef ted from federal financial: assistance. If any real property or siructure.thereon is provided or improved with the aid of federal financial assistance extended to the. Applicant, this assurance shall obligate the Applicant, or in .the case of airy transfer of such property, any transferee, for the period during which it retains ownership or possession of the. property. in all other cases, thisassurance. shall obligate the Applicant for the. period during which. the federal financial assistance. is extended to it N THIS: ASSUReINCE is givers in. consideration of and for the purpose of obtaining any and all, federal grants, loans, contracts, property, discounts or ..other federal financiol. assistance extended after the date hereof .to the applicant includinginstallment payments after such. date on account of applications for federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such federal. financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the. right to seekjudicial enforcement of this assurance, This assurance .is binding on the Applican4 its successors, transferees, assignees, and subrecrpients and the person whose signature appears on the agreement and who is..authorized to sign. on. behalf gf.the Applicant The Applicant.agrees that it shall. not discriminate against any person on the basis of residence, except to the extent that reasonable di$brences in admission: or other fees may be maintained on the basis .of:residence as set forth in the Manual. L Certification Regarding Debarment, -Suspension; baligibility, and; VolautgU Exclusion L.ower.Tier.Covered Transactions The Applicant certifies, by submission of this agreement, that neither .it nor : its principals ispresently debarred, suspended . proposed for debarment declared ineligible,. or -voluntarily .excluded from participation in this transaction:by arty federal department or agency. f the Applicant is unable to make such. certification; the Applicant must attach an. explanation to the: agreement for submission. toWPS I AuditReguirements 1,) Non-federal entities that expend.S750,000,or more .during a year in federal awards shall..have.a single or program specific audit: conducted for that: yearin accordancewith the Single. Audit Act Amendments of 199&.(31 U.S.C. 7501 et seq.) and 2 CFR Part 200,: Subpart F, Which is available at i.r;Y? .cc?? .=ov: c u�bin te.xi- a- TS .D fJI64& � _ -"'­Z`:1� i "ets r R -0 x'f74knode=5o3.. 2} Non-federal. entities that expend less than $75.0,000 fora Fiscal year.in federal awards are exempt from federal audit requirements. for that year, but. records. must be available for review or audit. by appropriate officials oVPS, DNR, and General Accounting Office (GAO). 3) Audits shall lie made by an independent auditor in accordance with generally. accepted government auditing standards covering financial.audits. Additional audit requirements applicable to this agreement are, found at CFR. Part.200,:Subpart:F, as applicable. K. Reci ientEbI to '.ee Whistleblower Rights and 'Re uirement to Inform Employees of Whistleblower Rights 1) This grant and employees. working pia this project will: be subject: to the whistleblower rights and remedies :in the pilot program on recipient employee whistleblower protections established at 41 U..S.C. 4712 by section 828 of the National. Defense Authorization Act for Fiscal Year 2013. (Pub. L. 1127239) and:sectlon 3.908 of th& Federal Acquisition Regulation. 2) The Applicant shall ihform its employees in writing, in the predominant languageof the workforce,. of employee whistleblower rights and -protections : under 41 U.S.C. 471%.4s described in.section 3..908: of the Federal Acquisition Regulation. 3) The Applicant shall insert the substance of this clause, 10cluding this subparagraph (3), in all subawards or subcontracts over the simplified acquisition threshold L. Repartmg Executive Compensation: i.) Reporting Total Compensation of Recipient Executives a. You must report total compensation. for. each of your five most highly compensated executives for the preceding completed.fiscal year, i€ i. In. the .preceding fiscal year, you received a. 80 percent or more of your annual gross revenues fromfederal procurement contracts (and subcontracts) and federal.fznancial assistance subject to the Transparency Act, as defined. at.2 CFR 170:320 (and suhawards).; and b. $25,000,000 or more in annual gross revenues from federal procurement contracts. -(and subcontracts) and federal. financial assistance.subject to the Transparency Act,. as defined at2.CFR 170.320 (and subawaxds); and ii. The public does not have access to. information about the compensation of the executives through periodicreports filed under section 13(a) or 1.5(d). of the Securities Exchange Act of 1934 (1`5 U.S.C: 78rn(a), 780(d)) or section. 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see. the 'U.S. Security and.Exchange Commission total compensation.fhngs: at http:l/Wi r,W.sec.gov/answers/execomp.him.) b. You..mustreport to DNR the executive total compensation described above by the end of the month following the month in which: this grant is .made, and: annually:thereafter. 2) Def`mitious, For purposes of this section: a. "Executive" nxeans officers; managing partners., or any. other employees.. inmanagement positions. b. "Total compensation" means the cash and noncash. dollar value earned: by the executive during the preceding fiscal year and includes the follo.wirg (for more information see1.7 CFR 229.402(c)(2)) - i. Salary and bonus. ii. Awards of stock, stock options, and:stock.appreciation rights. Usethe dollar amount recognind fax:fm.ancial.staternent:reporting purposes with respect to the..fiscal Year in mcordance with the Statement of Financial.Accounting Standards No: 123. [Revised`2004) (FAS 123R), Shared used Payments. iii. Earnings for services uxzder norrequity incentive plans. This does not include. group life,.health, hospitalization or medical reimbursement pians that do not discriminate in favar of executives, and are available generally to all salaried employees. iv. Change in pension value.. This isthe change in. present value of defined benefit and actuarial pension pians. %v- Above -market earnings on deferred compensation which is not.tax-qualified. vi. Other compensation, if the aggregate value of all such other. compensation (e.g. severance, termination. payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. M.. Conflicts: of Interest 1) The Applicant must establish safeguards to probibit its employees: and sub-rec..ipients from using their positions.for purposes that constitute or present the appearance of:a personal. or.organ zaOonal:.conf. fict of interest. The Applicant is responsible for xAotifyingDNR.in wriiting: of any actual.or potential conflicts of irtteresttlxat.may anise during?he life of this agreement. Conflicts of interest include any reJaffonship..or matter wnichmight place the Applicant.or its employees in a position of conflict,: real or apparent, between their responsibilities under the agreement an& any other outside interests. Conflicts of interest. may also include, butare not limited to; direct orindirect fnancial interests,. close personal. relationships, positions oftrast in.outside organizations,consideration.of future employment arrangements with a. different organization, .or decision-making affecting the agxeementthat would cause a. 10 reasonable person with knowledge of the relevant facts to question the impartiality of theApplicant and/or Applicant's employees and sub -recipients in the matter: 2) DNR and, if.applicable, the servicing Ethics Counselor for the.Department of the -Interior, will deten-nine if a conflict of interest exists. If a.conflict of interest exists DNR and NPS will .determine the feasibility of a mitigation plan. Any such plan must be approved in . ridng:by.D.NR and NPS. 3) Failure to resolve a conflict of interest: in amanner that satisfies DNR and NPS may be cause for termination.of thagrant. Failure to make required disclosures may result. in any ofthe remedies described in 2 C1 R § 200:338, Remedies far Noncompliance, including suspension or debarment (see also 2 CFR.Part 180). N. Repod&g Reportingof Matters Related to Recipient Integd X and Performance 1) General Reporting Requireffient For grants where the.LWCT share is $5.00,000 or greater, the recipient agrees to provide. to.D.NR the information necessary for DNR to comply with the reporting requirements described:to 41 U.S.C. 231,3 as.to integrity an:d performance matters. This is a statutory requirement under section. 872 of Public La* 1.10417, as amended (4I U.SE. 23.13),. As requimd.by section 30 1.0 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April I5, 2011, except pastperformance reviews required forfederal procurement contracts, will be publicly available. 2). You must submit to. DNR the inforinationi.equired about each proceeding that: a) is. in connection with theavt and or performance ofthe grant; b) Reached its final disposition during the mostrecentfive year period; and G) Is one of the following:. i). A criminal proceeding that resultedift a conviction, as .deflned in:paragraph (4) of this section; Ji) A. civil proceeding that resulted.in a finding offault and liability and payment of a monetary fine, penalty; reimburseinent, restitution, or damages of $5,000 or more; ffl). Aiz.administrative proceeding, as defuiedin paragraph (4) of this section, that resulted: in a fmding: of faultand liability and payment of either a monetary time or penalty .of $5,000 or more; or reimbursement, restitution, or damages in excess of $JOO;OOQ.; or iv) Any other criminal, civil, or administrative proceeding ii 1. Itcould have led Wan outcome described.in paragrap4(2)(c)(i), (2)(c)(H), or (2)(c)(iii) above; 2. It had. ad ifferent disposition. arrived at by consent or compromise with an acknowledgment. :of fault -on. your part; and 3. The requirement to disclose information about the proceeding does: not conflict with applicable. laws and regulations. 3). Reporting Frequency. During any period. of time when you are subject.tol ie requirementof this section you must report proceedings information. for the .mostrecent. five yearperiod, either to report new inf rin tion about any. pmceeding(s) that you have not reported previously or affirm that there. is no new information to report. Recipients that have federal contract, grants and cooperativeagreement awards with a cumulative total value greater than..$10,000,000 must disclose sernianniWly any iiiformatiao about the criminal, civil, .and administrative proceedings. 4) Definitions. For purposes of this section: a) "Administrative proceedinb' means a non judicial process that is adjudicatory. in. nature:in order to make :a determination. of fault or liability(e.g.,.Securities and: Exchange Commission Administrative.proceedixrgs,. Civilian Board of Conttact Appeals proceedings; and Armed Services Board:of Contract.Appeals proceedings). This includes proceedings. at the federal ands#ate level 11 but only -in connection with.performance of afederal contract or grant. It does not include audits; site visits, corrective plans, :ar inspection of deliverables, h}: "Conviction' means a judgment.or.conviction. of a criminal dBense.by any court of competent jurisdiction, whether -entered upon a verdict ora plea, :and includes .a conviction .entered upona plea of nolo contendere. c) "Total value of currently active. grants;: cooperative agreements, and procurement. conti-wt9' includes: i) Only the federal share of'the funding under anyfederal award with a recipient. cost. share or match; and ii) The value of all expected funding increments. under afederal award and options; even if not yet exercised, 12 “EXHIBIT F.4” 1 DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Applicant (State Agency/City/County/Commission/Authority): Project Number: LWCF(FBMS) City of Milton 13-01028 (P19AP00611) Project Title: Providence Park Project Period: Date of Approval (defined as the date of signatures on the following page) - December 31, 2021 Project Stage Covered by this Agreement: Entire Project Project Scope (Description of Project): This project consists of renovations at the 41.16 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: Replacing the dock with a new fishing pier and pavilion. By execution of this Project Agreement, the Applicant agrees to comply with the following regulations, policies, guidelines, and requirements, as applicable to this project: 1. Georgia Department of Natural Resources Land and Water Conservation Fund Project Agreement General Provisions (attached pages 3-16) 2. LWCF State Assistance Program Manual 3. Project Application and Attachments 4. 2 CFR Part 200 5. 36 CFR Part 59 Project Cost: Total Cost: $ 200,000.00 Fund (LWCF) Amount $ 100,000.00 (Fund amount not to exceed 50% of Total) DNR Form (January 2020) 2 The Department of Natural Resources, represented by the Commissioner of the Department of Natural Resources or his lawfully designated representative, and the Applicant named above hereinafter referred to as the Applicant, mutually agree to perform this Agreement in accordance with the Land and Water Conservation Fund Act, the LWCF State Assistance Program Manual, and the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, assurances, and certifications attached hereto or retained by the Applicant and hereby made a part hereof. The Department of Natural Resources promises, in consideration of the promises made by the Applicant herein, to obligate to the Applicant the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay the Department’s share of the costs of the above project stage, based upon the above percent age of assistance. The Applicant hereby promises, in consideration of the promises made by the Department herein, to execute the project described above in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties hereto: Special Condition In the event archaeological materials are discovered during construction, State Historic Preservation Office recommends all ground disturbing activities cease until these resources can be assessed by a qualified archaeologist. In witness whereof, the parties have executed this Agreement as of the date entered below. STATE OF GEORGIA CITY OF MILTON By_________________________________ By____________________________ (Signature) (Signature) Taylor Brown State Liaison Officer Joe Lockwood (Name) Date________________________________ Mayor (Title) 3 GEORGIA DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT GENERAL PROVISIONS Part I - Definitions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term “DNR” as used herein means the Department of Natural Resources, State of Georgia. C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. D. The term “Commissioner” as used herein means the Commissioner of the Department of Natural Resources, or any representative lawfully delegated the authority to act for such Commissioner. E. The term "SLO" as used herein means the State Liaison Officer for the Department of Natural Resources, or any representative lawfully delegated the authority to act for such SLO. F. The term “grant” as used herein means a grant of monies awarded pursuant to the Land and Water Conservation Fund Act of 1965. G. The term “Applicant” as used herein means the state agency, city, county, commission, authority, or other local entity which is a recipient of a grant. The terms “applicant,” “grantee,” and “recipient” are deemed synonymous. H. The term “project agreement” as used herein means the Department of Natural Resources Land and Water Conservation Fund Project Agreement entered into between DNR and the Applicant and which governs the acceptance and usage of the grant. I. The term "manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual. J. The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and any subsequent amendments. K. The term “State” as used herein means the state of Georgia. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund (hereinafter LWCF or the Fund) project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act of 1965 (hereinafter the Act or the LWCF Act) and the following requirements. Further, it is the acknowledged intent of the parties hereto that the recipient of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, state and local outdoor recreation funds. A. The Applicant agrees, as recipient of this assistance, that it will meet the specific requirements of these general provisions and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or office thereof, or public agency to which funds are transferred pursuant to the project agreement. The Applicant also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or office thereof, or public agency and that failure by such political subdivision, or office thereof, or public agency to so comply shall be deemed a failure by the Applicant to comply with the terms of this project agreement. 4 B. The Applicant agrees that the property described in the project agreement and, if applicable, the signed and dated project boundary map made part of that agreement, is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the SLO and the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The SLO and the Secretary shall approve such conversion only if it is found to be in accord with The Georgia Planning Act, The Service Delivery Strategy Law, and any other then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land becomes subject to Section 6(f)(3) protection. Applicant agrees and understands that final approval for any such conversion is at the sole discretion of the Secretary. Prior to the completion of this project, and subject to final approval by the Secretary, the Applicant and the SLO may mutually alter the area described in the project agreement and, if applicable, the signed and dated project boundary map, to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection. In the event the NPS and DNR provide Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the Applicant agrees to notify DNR of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by NPS and DNR; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by NPS and DNR. C. The Applicant agrees that the benefit to be derived by the State and the United States from the full compliance by the Applicant with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State and the United States by way of LWCF assistance. The Applicant agrees that payment by the Applicant to DNR or the United States of an amount equal to the amount of assistance extended under the project agreement by DNR and the United States would be inadequate compensation to DNR and the United States for any breach by the Applicant of the project agreement. The Applicant further agrees, therefore, that the appropriate remedy in the event of a breach by the Applicant of the project agreement shall be the specific performance of said agreement or the submission and approval of a conversion-of- use request as described in Part II.B above. D. The Applicant agrees to comply with the manual policies and procedures. Provisions of the manual are incorporated into and made a part of the project agreement. E. The Applicant agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by applicable Manual requirements and applicable published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F. The Applicant agrees that a permanent record shall be kept in its public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and if applicable, the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the SLO and the Secretary. 5 Part III - Project Assurances A. The Applicant shall comply with applicable state and federal regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of federal funds for the project, including: Page 8 & 9 of new federal agreement 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR Part 180 & 1400, Non-Procurement Debarment and Suspension, previously lo cated at 43 CFR Part 42, “Government-wide Debarment and Suspension (Non-Procurement)”; 43 CFR Part 18, New Restrictions on Lobbying; FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170, Reporting Subawards and Executive Compensation B. Project Application 1. The grant application bearing the same project number as the project agreement and associated documents is by this reference made a part of the project agreement. 2. The Applicant possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Applicant to act in connection with the application and to provide such additional information as may be required. 3. The Applicant has the capability to finance the non-federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 2. DNR shall transfer to the Applicant all funds granted hereunder except those reimbursed to DNR to cover eligible administrative expenses. 3. The Applicant will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 4. The Applicant shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable federal, state, and local laws and regulations. 5. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project, the Applicant shall bring the project to a point of recreational usefulness agreed upon by the SLO and the Secretary. 6 6. The Applicant will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as the DNR may require. 7. The Applicant will require the facility to be designed to comply with the Architectural Barriers Act of 1968, as amended (Public Law 90-480), relating to accessibility standards. The Applicant will be responsible for conducting inspections to insure compliance with these specifications. 8. The Applicant will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing the same for all real property acquisitions, and where applicable, shall assure that the same has been complied with for property to be developed with assistance from the grant. 9. The Applicant will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The Applicant will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and the applicable manual provisions relating to flood insurance and requirements. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the federal Emergency Management Agency. 11. The Applicant will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the DNR and NPS of the existence of any such properties, and by (b) complying with all requirements established by NPS to avoid or mitigate adverse effects upon such properties. 12. The Applicant will comply with "Minority Business Enterprises” and “Women’s Business Enterprises” pursuant to Executive Orders 11625, 12138, and 12432 as follows: Referenced on page 9 of new federal agreement a) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable. b) Make information on forthcoming opportunities available and arrange t ime frames for purchases and contracts to encourage and facilitate participation by small businesses, minority -owned firms, and women's business enterprises. c) Consider in the contract process whether firms competing for larger contracts intend to subco ntract with small businesses, minority-owned firms, and women's business enterprises. d) Encourage contracting with consortiums of small businesses, minority -owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually. e) Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minority-owned firms and women's business enterprises. The DNR and NPS Regional Offices will work closely with the Applicant to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 13. Applicant shall comply with the applicable provisions of 40 U.S.C. 3702 and 3704, as supplemented by 7 Department of Labor regulations (29 CFR Part 5), relating to the employment of mechanics or laborers. 14. Applicant shall comply with the applicable standards, orders and/or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251et seq.). D. Contracts for Construction 1. Applicant shall comply with the applicable provisions of the equal opportunity clause as found in 41 CFR 60-1.4, in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Applicant shall comply with the applicable provisions of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). 3. Applicant shall comply with the applicable provisions of 2 CFR 200. E. Retention and Custodial Requirements for Records Referenced on page 11 #4 of new agreement 1. All Applicant financial and programmatic records, supporting documents, statistical records, and all other grant-related records shall be retained in accordance with 2 CFR 200.333 to .337 for a period of three years; except the records shall be retained beyond the three -year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project. 3. State and local governments are authorized to substitute copies in lieu of original records. 4. The Secretary, the Comptroller General of the United States, and the SLO, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Applicant and their related departments which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1. The Secretary or the SLO may temporarily suspend fund assistance under the project pending corrective action by the Applicant or pending a decision to terminate the grant by the NPS. 2. The Applicant may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the Applicant only by mutual agreement with the NPS. 3. The Secretary or the SLO may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The SLO will promptly notify the Applicant in writing of the determination and the reasons for the termination, together with the effective date. Payments made to Applicants or recoveries by the NPS and the DNR under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Secretary, the SLO, or the Applicant may terminate grants in whole, or in part, at any time before the date of completion, when all parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Applicant shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many 8 outstanding obligations as possible. The NPS and the DNR may allow full credit to the Applicant for the federal share of the noncancelable obligations, properly incurred by the Applicant prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Applicant, the SLO, and the Secretary or that all grant funds provided pursuant to the project agreement be returned. G. Lobbying with Appropriated Funds Referenced on page 9 #5 on new federal agreement For recipients of grants in excess of $100,000, the provisions of 31U.S.C. 1352 must be certified as follows. The Applicant certifies by execution of this agreement, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H. Nondiscrimination Referenced on page 9 #2 of new federal agreement Applicant certifies that, as a condition to receiving the grant, it will comply with all federal requirements relating to nondiscrimination. These include, but are not limited to: (a) Executive Order 11246, as amended; (b ) Title VI of the Civil Rights Act of 1964, as amended (78 Stat. 252; 42 U.S.C. §§2000d et seq.), which prohibits discrimination on the basis of race, color, or national origin; (c) Title V, Section 504 of the Rehabilitation Act of 1973, as amended (87 Sta t. 394, 29 U.S.C. §794), which prohibits discrimination on the basis of disability; (d) the Age Discrimination Act of 1975, as amended (89 Stat. 728, 42 U.S.C. §§6101 et seq.), which prohibits discrimination on the basis of age; and with all other applicable federal laws and regulations prohibiting discrimination, to the end that no person in the United States shall, on the grounds of race, color, sexual orientation, national origin, disability, religion, age, or sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from federal financial assistance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, 9 for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the federal financial assistance is extended to it. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Applicant, including installment payments after such date on account of applications for federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the agreement and who is authorized to sign on behalf of the Applicant. The Applicant agrees that it shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. I. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions The Applicant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If the Applicant is unable to make such certification, the Applicant must attach an explanation to the agreement for submission to NPS. J. Audit Requirements Referenced on page 11 #5 of new federal agreement 1) Non-federal entities that expend $750,000 or more during a year in federal awards shall have a single or program- specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.) and 2 CFR Part 200, Subpart F, which is available at http://www.ecfr.gov/cgi-bin/text- idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&r gn=div6. 2) Non-federal entities that expend less than $750,000 for a fiscal year in federal awards are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of NPS, DNR, and General Accounting Office (GAO). 3) Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. K. Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Referenced on page 12 #10 of new federal agreement 1) This grant and employees working on this project will be subject to the whistleblower rights and remedies in the pilot program on recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation. 2) The Applicant shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712 , as described in section 3.908 of the Federal Acquisition Regulation. 3) The Applicant shall insert the substance of this clause, including this subparagraph (3), in all subawards or subcontracts over the simplified acquisition threshold. L. Reporting Executive Compensation Referenced on page 13 #11 of new federal agreement 10 1) Reporting Total Compensation of Recipient Executives a. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. In the preceding fiscal year, you received— a. 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b. $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Sec urities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. You must report to DNR the executive total compensation described above by the end of the month following the month in which this grant is made, and annually thereafter. 2) Definitions. For purposes of this section: a. “Executive” means officers, managing partners, or any other employees in management positions. b. “Total compensation” means the cash and noncash dollar value earned by the executive during the preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in a ccordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. M. Conflicts of Interest Referenced on page 13 #12 of new federal agreement 1) The Applicant must establish safeguards to prohibit its employees and sub-recipients from using their positions for purposes that constitute or present the appearance of a personal or o rganizational conflict of interest. The Applicant is responsible for notifying DNR in writing of any actual or potential conflicts of interest that may arise during the life of this agreement. Conflicts of interest include any relationship or matter which might place the Applicant or its employees in a position of conflict, real or apparent, between their responsibilities under the 11 agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision -making affecting the agreement that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Applicant and/or Applicant’s employees and sub-recipients in the matter. 2) DNR and, if applicable, the servicing Ethics Counselor for the Department of the Interior, will determine if a conflict of interest exists. If a conflict of interest exists, DNR and NPS will determine the feasibility of a mitigation plan. Any such plan must be approved in writing by DNR and NPS. 3) Failure to resolve a conflict of interest in a manner that satisfies DNR and NPS may be cause for termination of the grant. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). N. Reporting of Matters Related to Recipient Integrity and Performance 1) General Reporting Requirement For grants where the LWCF share is $500,000 or greater, the recipient agrees to provide to DNR the information necessary for DNR to comply with the reporting requirements described to 41 U.S.C. 2313 as to integrity and performance matters. This is a statutory requirement under section 872 of Public Law 110 -417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. 2) You must submit to DNR the information required about each proceeding that: a) Is in connection with the award or performance of the grant; b) Reached its final disposition during the most recent five year period; and c) Is one of the following: i) A criminal proceeding that resulted in a conviction, as defin ed in paragraph (4) of this section; ii) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; iii) An administrative proceeding, as defined in paragraph (4) of this section, that resulted in a finding of fault and liability and payment of either a monetary fine or penalty of $5,000 or more; or reimbursement, restitution, or damages in excess of $100,000; or iv) Any other criminal, civil, or administrative proceeding if: 1. It could have led to an outcome described in paragraph (2)(c)(i), (2)(c)(ii), or (2)(c)(iii) above; 2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and 3. The requirement to disclose information about the proceeding does not conflict with applicable laws and regulations. 3) Reporting Frequency During any period of time when you are subject to the requirement of this section, you must report proceedings information for the most recent five year period, either to report new informat ion about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 4) Definitions. For purposes of this section: 12 a) “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b) “Conviction” means a judgment or conviction of a criminal offense by an y court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c) “Total value of currently active grants, cooperative agreements, and procurement contracts” includes: i) Only the federal share of the funding under any federal award with a recipient cost share or match; and ii) The value of all expected funding increments under a federal award and options, even if not yet exercised. O. Special Provisions Referenced on page 11 section B 1. of new federal agreement If applicant is an entity other than a state government, a local government, or a federally recognized Indian tribal government, then Applicant agrees to the following provisions regarding public information and endorsements. 1) Public Information and Endorsements a) Recipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscr ipts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the Recipient represents. No release of information relating to this award may state or imply that the Government approves of the Recipient’s work products, or considers the Recipient’s work product to be superior to other products or services. b) All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer. c) The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. d) Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval. e) Recipient further agrees to include this provision in a subaward to a subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government. 2) Trafficking in Persons Referenced on page 9 section d of new federal agreement This term of award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR Section 175.15). If Applicant is a private entity, Applicant agrees to the following provisions: 1. You as the Recipient, your employees, subrecipients under this award, and subrecipients’ employees may not– 13 i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. For purposes of this Section, the following definitions apply. 1. “Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this awards; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in–kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. “Private entity” means: i. Any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25; and ii. Includes: a. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). b. A for–profit organization. 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 3) Minimum Wages Under Executive Order 13658 (January 2015) Referenced on page 14 of new federal agreement (a) Definitions. As used in this clause— “United States” means the 50 states and the District of Columbia. “Worker”— (1) Means any person engaged in performing work on, or in connection with, an agreement covered by Executive Order 13658, and (i) Whose wages under such agreements are governed by the Fair L abor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), 14 (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 C.F.R. § 541, (iii) Regardless of the contractual relationship alleged to exist bet ween the individual and the employer. (2) Includes workers performing on, or in connection with, the agreement whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c). (3) Also includes any person working on, or in connection with, the agreement and individually reg istered in a bona fide apprenticeship or training program registered with the Departmen t of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Recipient shall pay to workers, while perform ing in the United States, and performing on, or in connection with, this agreement, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Recipient shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days befor e the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this agreement. (3) (i) The Recipient may request a price adjustment only after the e ffective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subaward costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subrecipients may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Recipients shall consider any Subrecipient requests for such price a djustment. (iii) The Awarding Officer will not adjust the agreement price under this c lause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Recipient warrants that the prices in this agreement do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) The Recipient shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Recipient may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 C.F.R. § 10.23, Deductions. (6) The Recipient shall not discharge any part of its minimum wage obligation under thi s clause by furnishing fringe benefits or, with respect to workers whose wages are gove rned by the Service Contract Labor Standards statute, the cash equivalent thereof. (7) Nothing in this clause shall excuse the Recipient from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher 15 than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (8) The Recipient shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (9) The Recipient shall follow the policies and procedures in 29 C.F.R. § 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition — (i) Workers are covered regardless of the contractual relationship alleged to exist between the Recipient or Subrecipient and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to— (i) Fair Labor Standards Act (FLSA) – covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the agreement, but who are not directly engaged in performing the specific work called for by the agreement, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such agreements; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. § 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards sta tute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to— (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. § 213(a)(1) and 29 C.F.R. § part 541). (d) Notice. The Recipient shall notify all workers performing work on, or in connecti on with, this agreement of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Recipient shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Recipients that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the Recipient, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Recipient shall make and maintain records, for three years after completion of the work, containing the following information for each worker: 16 (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Recipient shall make records pursuant to paragraph (e)(1) of this clause ava ilable for inspection and transcription by authorized representatives of the Administra tor. The Recipient shall also make such records available upon request of the Contracting Officer. (3) The Recipient shall make a copy of the agreement available, as ap plicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 C.F.R. § 10.26 and this agreement. Upon direction of the Administrator or upon the Awarding Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Recipient’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Recipient shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Awarding Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Recipient under th is or any other Federal agreement with the same Recipient, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 C.F.R. § 10.51, Disputes concerning Recipient compliance, the procedures for resolving disputes concerning an Recipient’s compliance with Departm ent of Labor regulations at 29 C.F.R. § 10. Such disputes shall be resolved in accordance with those. This includes disputes between the Recipient (or any of its Subrecipients) and the contracting agency, the Department of Labor, or the workers or their repr esentatives. (i) Antiretaliation. The Recipient shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint o r instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Recipient is responsible for Subrecipient compliance with the requirements of this clause and may be held liable for unpaid wage s due Subrecipient workers. (k) Subawards. The Recipient shall include the substance of this clause, including this paragraph (k) in all subawards, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Honoring Milton’s high school graduates from the Class of 2020 MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 07980B1D-0842-47F7-AF60-86A59806A07D X May 18, 2020 X X '=vsv r i i i i i i i i i i i i i i i • • • • Honoring Class of 2020 high school graduates from Milton WHEREAS, seniors from Milton High School will graduate virtually on Thursday, May 21; and WHEREAS, seniors from Cambridge High School will graduate virtually on Saturday, May 23; and WHEREAS, seniors from other Milton -area institutions — specifically King's Ridge Christian School, Mills Spring Academy, and St. Francis High School — have graduated or will soon graduate; and WHEREAS, the Class of 2020 this year will not celebrate with traditional large in-person graduation ceremonies, surrounded by classmates and teachers; and 11 _ _ WHEREAS, these students are nonetheless very worthy of celebration and adulation; and WHEREAS, seniors have worked diligently and excelled during their academic careers, having met and, in many cases, exceeded the rigorous requirements to graduate from their respective high schools; and WHEREAS, young Milton residents have consistently shown exemplary character and been credits to our community, including through extensive volunteer service and being good neighbors to many; and WHEREAS, the City of Milton — including its elected officials and City staff — is extremely proud of these graduates for their accomplishments and stellar attitudes; and WHEREAS, the City admires these seniors for how well they have handled significant challenges, including those related to the COVID-19 pandemic; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor Class of 2020 high school graduates by recognizing and celebrating their impressive achievements. Given under our hand an# le$l of the City of Milton, Georgia on this 18th day of May 2020. by: CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Amendments to Chapter 32 of the Milton City Code, to Prohibit the Use of Vaping Products on City- Owned Property MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 8C372B84-51A2-4C48-8548-F47C29352AA0 X May 18, 2020 X X X 1 ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO PROHIBIT TOBACCO PRODUCTS AND VAPOR PRODUCTS ON CITY PROPERTY AND DELETE DUPLICATE ORDINANCES RELATED TO SPECIAL EVENTS The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the _______ day of _______, 2020 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12 of the City Charter, the City is authorized to control its property and regulate practices detrimental to the health and safety of the public; and, WHEREAS, the City Council has determined that it is in the public interest to regulate the use of tobacco products, and vapor products on City property; and, WHEREAS, the City Council has separately determined that certain ordinance language relating to special events in City parks is duplicative of language elsewhere in the Milton Code, and desires to delete the duplicative text; NOW THEREFORE: 1. Chapter 32, Article 2, Division 5, Section 32-113 of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted and replaced with the text shown in the attached Exhibit A. ORDAINED this _________ day of ______________, 2020. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 2 EXHIBIT A Section 32-113 Prohibition on the use of tobacco products or vapor products on City-owned property. (a) Definitions – The following words as used in this section shall have the following prescribed meanings: 1) Tobacco product is defined as cigars, cigarettes, little cigars, loose tobacco, smokeless tobacco (chewing tobacco and dry and moist snuff, including snus), or any other product derived from tobacco or any of its derivates. 2) Use is defined as inhaling, exhaling, burning or carrying a lighted combustible product, producing vapor from a vapor product, chewing, sniffing, ingesting or otherwise consuming a product. 3) Vapor product is defined as any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine or any other substance intended for inhalation, in a solution or any other form. It includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution or other form that is intended to be used with or in an electronic device. (b) It shall be unlawful for any person to use any tobacco product or vapor product on any City-owned property, other than in designated areas, if any. (c) Any person who is convicted of violating this section shall be punished in a manner consistent with general penalty section 1-5 of the City Code of Ordinances. 3 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Amendments to Chapter 34 of the Milton City Code, to Prohibit the Use of Vaping Products in City Parks and to Eliminate Article 3: Special Events MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: D0F8938F-1C68-472A-A64D-6E0740693196 X May 18, 2020 X X X 1 ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO PROHIBIT TOBACCO PRODUCTS AND VAPOR PRODUCTS ON CITY PROPERTY AND DELETE DUPLICATE ORDINANCES RELATED TO SPECIAL EVENTS The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the _______ day of _______, 2020 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12 of the City Charter, the City is authorized to control its property and regulate practices detrimental to the health and safety of the public; and, WHEREAS, the City Council has determined that it is in the public interest to regulate the use of tobacco products, and vapor products on City property; and, WHEREAS, the City Council has separately determined that certain ordinance language relating to special events in City parks is duplicative of language elsewhere in the Milton Code, and desires to delete the duplicative text; NOW THEREFORE: 1. Chapter 34, Article 2, Section 32-22, Subsection (n) of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted and replaced with the text show in the attached Exhibit B. 2. Chapter 34, Article 3 of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted. ORDAINED this _________ day of ______________, 2020. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 2 EXHIBIT A Section 32-113 Prohibition on the use of tobacco products or vapor products on City-owned property. (a) Definitions – The following words as used in this section shall have the following prescribed meanings: 1) Tobacco product is defined as cigars, cigarettes, little cigars, loose tobacco, smokeless tobacco (chewing tobacco and dry and moist snuff, including snus), or any other product derived from tobacco or any of its derivates. 2) Use is defined as inhaling, exhaling, burning or carrying a lighted combustible product, producing vapor from a vapor product, chewing, sniffing, ingesting or otherwise consuming a product. 3) Vapor product is defined as any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine or any other substance intended for inhalation, in a solution or any other form. It includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution or other form that is intended to be used with or in an electronic device. (b) It shall be unlawful for any person to use any tobacco product or vapor product on any City-owned property, other than in designated areas, if any. (c) Any person who is convicted of violating this section shall be punished in a manner consistent with general penalty section 1-5 of the City Code of Ordinances. 3 EXHIBIT B Section 34-22. – Prohibited Acts (n) Use of Tobacco Products and Vapor Products. It shall be unlawful for any person to use any tobacco product or vapor product (each as defined in Chapter 32, Article 2, Division 5, Section 32-113 of the Milton Code) in any municipal public park, other than in designated areas, if any. CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: An Ordinance Authorizing the Conditional Operation of Personal Transportation Vehicles on Designated City Streets MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 75C81BFD-9310-4334-8D43-A98E7450E419 X X May 18, 2020 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on May 13, 2020 for the May 18, 2020 Regular City Council Meeting Agenda Item: An Ordinance Authorizing the Conditional Operation of Personal Transportation Vehicles on Designated City Streets _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Georgia law, at O.C.G.A. § 40-6-331 provides authority for cities to designate, by ordinance, certain streets or portions thereof under its regulation and control for Personal Transportation Vehicle (PTV) operation and use and authorizes cities to establish the conditions under which PTVs may be operated upon such streets, subject to state law minimum standards and requirements. The attached Ordinance is drafted in accordance with and incorporates these minimum state standards. A few key points: • PTVs must have certain equipment • PTV operators must be properly licensed to operate vehicles on the roadway • PTV operation is limited to City streets with a maximum speed limit of 25 mph • PTV operations on City streets remain subject to all applicable traffic laws The Ordinance, if approved by the City Council, would authorize the conditional operation of PTVs on designated City streets. As drafted, the proposed Ordinance would amend the City’s Code to add a new Article V to be titled “Personal Transportation Vehicles” under Chapter 56 (Traffic and Vehicles). Pursuant to O.C.G.A. § 40-6-368, City streets designated with a maximum speed limit of 25 mph have been determined by a qualified traffic engineer to accommodate PTVs without adversely impacting traffic safety or the travel needs of commuters and other users. Funding and Fiscal Impact: None. DocuSign Envelope ID: 95C543F5-E277-46DA-B9D3-B088DA290987 Page 2 of 2 Alternatives: The City Council has the discretion to decide whether or not to allow the operation of Personal Transportation Vehicles (PTVs) on City streets, subject to the requirements and limitations of state law. Legal Review: Jeff Strickland, Jarrard and Davis, May 9, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed Ordinance and Code amendment language. DocuSign Envelope ID: 95C543F5-E277-46DA-B9D3-B088DA290987 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AUTHORIZING THE CONDITIONAL OPERATION OF PERSONAL TRANSPORTATION VEHICLES ON DESIGNATED CITY STREETS WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia, has the power to adopt reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, pursuant to O.C.G.A. § 40-6-331(a), the City is authorized to designate, by ordinance, certain public streets or portions thereof that are under its regulation and control for the combined use of personal transportation vehicles (“PTVs”) and regular vehicular traffic and establish the conditions under which PTVs may be operated upon such streets or portions thereof, including without limitation the conditions under which a person may operate PTVs on such designated streets or portions thereof; and WHEREAS, pursuant to O.C.G.A. § 40-6-368, joint use of City streets by personal transportation vehicles and regular vehicular traffic must be limited to streets with a speed limit of 25 miles per hour or less and only on streets that have been determined by a qualified traffic engineer to accommodate personal transportation vehicles without adversely impacting traffic safety or the travel needs of commuters and other users; and WHEREAS, pursuant to O.C.G.A. § 40-6-331(c), the City shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the City and this Ordinance shall not be effective unless and until such signs are properly posted; and WHEREAS, in the interests of the health, safety, and general welfare of the citizens of the City, the Mayor and Council desire to exercise their authority to adopt an ordinance authorizing the conditional operation of PTVs on designated City streets; and WHEREAS, appropriate notice and hearing on the ordinance contained herein have been carried out according to general and local law. NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a regularly called council meeting on June 1, 2020, at 6:00 p.m., as follows: SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended to add a new Article V to be titled “Personal Transportation Vehicles” under Chapter 56 (Traffic and Vehicles) as provided in Exhibit A attached hereto and incorporated herein by this reference. 2 SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. In accordance with O.C.G.A. § 40-6-331(c), signs shall be erected on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the City. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that PTVs are authorized for use on designated City streets. All costs associated with such signs shall be funded entirely by the City. SECTION 4. This Ordinance shall become effective immediately once the required signage has been properly posted. SO ORDAINED this the 1st day of June 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk EXHIBIT A THE CODE OF ORDINANCES OF THE CITY OF MILTON, GEORGIA Chapter 56 – TRAFFIC AND VEHICLES ARTICLE V. – PERSONAL TRANSPORTATION VEHICLES Sec. 56-91. – Definitions. As used in this Article, the following terms and phrases shall have the meaning indicated unless otherwise specifically provided: City. The term “city” means the City of Milton, a Georgia municipal corporation. Highway. The term “highway” or “street” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. License or license to operate a motor vehicle. The term “license” or “license to operate a motor vehicle” means any driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including: (A) Any temporary license or instruction permit; (B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (C) Any privilege conferred upon a person who is not a resident of this state by the laws of this state pertaining to the operation by such person of a motor vehicle or the use of a vehicle owned by such person in this state. Motor vehicle. The term “motor vehicle” means every vehicle which is self-propelled other than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD) (as defined in O.C.G.A. § 40-1-1(15.3) and (15.4)). Personal transportation vehicle or PTV. The term “personal transportation vehicle” or “PTV” means any motor vehicle: (A) With a minimum of four wheels; (B) Capable of a maximum level ground speed of less than 20 miles per hour; (C) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and 4 (D) Capable of transporting not more than eight persons. The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle (as defined in O.C.G.A. § 40-1-1(3) and (33.1)). Street. The term “street” or “highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Vehicle. The term “vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Sec. 56-92. – Conditional Operation Allowed. Subject to the terms and conditions of this Article, and in accordance with state law, including but not limited to the Official Code of Georgia, Title 40 (Motor Vehicles and Traffic), Chapter 6 (Uniform Rules of the Road), Article 13 (Special Provisions for Certain Vehicles), Part 3 (Personal Transportation Vehicles) and Part 6 (Vehicle Transportation Plan), the operation of personal transportation vehicles shall be allowed. Sec. 56-93. – Designated Streets Approved for PTV Operation. Personal transportation vehicles shall only be operated on streets that meet all of the following criteria: (a) Are under the regulation and control of the city; (b) Have a speed limit of 25 miles per hour or less; and (c) Have been determined by a qualified traffic engineer to accommodate personal transportation vehicles without adversely impacting traffic safety or the travel needs of commuters and other users. Sec. 56-94. – Minimum PTV Equipment Requirements. All personal transportation vehicles shall be equipped with: (a) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (b) A reverse warning device functional at all times when the directional control is in the reverse position; 5 (c) A main power switch. When the switch is in the “off” position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the “off” position; (d) Head lamps; (e) Reflex reflectors; (f) Tail lamps; (g) A horn; (h) A review mirror; (i) Safety warning labels; and (j) Hip restraints and hand holds or a combination thereof. Sec. 56-95. – PTV Operators. An operator of a personal transportation vehicle shall possess a valid driver’s license and shall comply with the financial responsibility requirements for passenger vehicle operators when operating a personal transportation vehicle on any public street. Sec. 56-96. – Use of Lanes. (a) All personal transportation vehicles authorized by this Article are entitled to full use of a lane, and no motor vehicle shall be driven in such manner as to deprive a personal transportation vehicle of the full use of a lane. (b) The operator of a personal transportation vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a personal transportation vehicle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Personal transportation vehicles shall not be operated two or more abreast in a single lane. Sec. 56-97. – Street or Highway Crossings. (a) State Highways. Personal transportation vehicles may cross streets and highways that are part of the state highway system only at crossings or intersections designated for 6 that purpose and which are constructed as an active grade crossing in accordance with the Manual on Uniform Traffic Control Devices. PTV crossings shall be indicated by warning sign W11-11 of the Standard Highway Signs and be clearly visible in both directions by vehicles traversing the highway which is being crossed or intersected by PTVs. (b) City Streets. Personal transportation vehicles may cross city streets only at crossings or intersections designated for that purpose. (c) Crosswalks. No operator of a personal transportation vehicle shall use a pedestrian crosswalk to cross any street or highway, unless such crosswalk is marked and/or designated by the city as approved for PTV use. Sec. 56-98. – Signage Requirements. Signs shall be erected on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the city. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that personal transportation vehicles are authorized for use on designated city streets. Sec. 56-99. – Operation of PTVs on Private Property Not Effected. This Article shall not apply to the operation of personal transportation vehicles on private roads or drives except with the consent of the landowner. Sec. 56-100. – Enforcement. Any person operating a personal transportation vehicle in violation of any requirement under this Chapter, including but not limited to this Article, shall be guilty of an infraction, enforceable by the police department in accordance with section 56-21, and punishable by a fine as established by law. CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Amendments to Chapter 34 of the Milton City Code, to Prohibit the Use of Vaping Products in City Parks and to Eliminate Article 3: Special Events MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: D0F8938F-1C68-472A-A64D-6E0740693196 X May 18, 2020 X X X To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 30, 2020 for First Presentation on May 18, 2020 Regular Council Meeting and Unfinished Business on June 2, 2020 Regular Council Meeting Agenda Item: Consideration of Amendments to Chapter 34 of the Milton City Code, to Prohibit the Use of Vaping Products in City Parks and to Eliminate Article 3: Special Events ______________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Proposed Changes to Chapter 34 of The Milton City Code. Executive Summary: Staff is proposing two changes to Chapter 34 of the Milton City Code. The first proposed change is to refer to all forms of tobacco consumption, smoked, smokeless and vaping and to prohibit the use of all forms of tobacco consumption at all City parks as is defined in Chapter 32 – Offenses and Miscellaneous Provisions. The second change is to eliminate entirely Article 3: Special Events as this is defined in Chapter 64 under the City Zoning ordinances Funding and Fiscal Impact: The adoption of these proposed changes will not have any financial impact on the City. Alternatives: DocuSign Envelope ID: 0F799492-53EC-40B4-A6F2-8538BA4B218BDocuSign Envelope ID: D0F8938F-1C68-472A-A64D-6E0740693196 If these proposed changes are not accepted, then the existing no smoking ordinance in Chapter 34 will prevail. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 19, 2020. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Proposed Changes to Chapter 34 of the Milton City Code DocuSign Envelope ID: 0F799492-53EC-40B4-A6F2-8538BA4B218BDocuSign Envelope ID: D0F8938F-1C68-472A-A64D-6E0740693196 STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. 1 AN ORDINANCE TO AMEND CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE CREATING PARKS AND RECREATION FEES AND OTHER CHARGES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 18, 2020 at 6:00 p.m. as follows: SECTION 1. That Ordinance Chapter 34 Section 24, of the Milton City Code, relating to Parks and Recreation, is hereby amended to include the following with respect to fees and other charges: The City Council for the City of Milton does hereby authorize and approve the assessing and collection of certain fees and charges for access and use of City-owned or controlled parks, recreational fields and cultural amenities, in accordance with that schedule of fees approved and appended to Appendix A to the Milton Code of Ordinances, as such Appendix may be amended from time to time. At the City’s discretion, authorized program partners and other entities may use the City’s website for participant registration and other registration functions, in which case the City will directly collect any applicable registration fee, retain its authorized fees and charges from the collected registration fee, and remit the balance of the registration fee to the provider/entity. 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 18th day of May 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Grant Application to the US Fire Administration’s Assistance to Firefighters Grant Program for the Purchase of Personal Protective Equipment for the Pandemic Response MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: A0076360-3784-4289-AD96-74187598270F X May 18, 2020 X X To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on May 12, 2020 for the May 18, 2020 Regular Council Meeting Agenda Item: Consideration of a Grant Application to the US Fire Administration’s Assistance to Firefighters Grant Program for the Purchase of Personal Protective Equipment for the Pandemic Response _____________________________________________________________________________________ Department Recommendation: Approve the Resolution supporting the City’s application for a reimbursement grant to the US Fire Administration’s Assistance to Firefighters Grant program for pandemic response supplies. Executive Summary: This application is to a supplemental funding of the Assistance to Firefighters Grant (AFG) program intended to support fire departments in the purchase of personal protective equipment (PPE) for the COVID-19 pandemic response. Since March 2020, the Fire Department has made several emergency purchases of PPE to support the safety of firefighters and police on EMS calls and maintain critical operations of City Hall functions. As supply chains dried up, several of these items were very difficult to acquire. Small purchases were made as vendors could be found. This is one opportunity to recuperate the unplanned EMS supply expenses during this pandemic. This includes expenses for: • Gloves, • N95 masks. • Surgical masks, • Tyvek suits, and • Medical goggles and face shields. There is also a Stafford Act declaration that will provide an opportunity to apply for reimbursement for other purchases. Funding and Fiscal Impact: These funds have already been expended on an emergency-purchase basis. This is a reimbursement program. The grant has a 10% match, so if awarded we would recoup 90% of our expenses. The eligible expenses, to date, are $13,859.22. DocuSign Envelope ID: 530CE86A-1D7F-43AA-AA5E-659A06F64C0D Page 2 of 2 Alternatives: We can apply for reimbursement through FEMA’s disaster declaration at a later point (there is a larger City match with this grant program) or we could opt to simply fund this out of the Operating budget without seeking reimbursement. Legal Review: NA Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution DocuSign Envelope ID: 530CE86A-1D7F-43AA-AA5E-659A06F64C0D STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT WHEREAS, the Department of Homeland Security funding available under the Assistance to Firefighters COVID-19 Supplemental (AFG-S) grant program; and WHEREAS, such funds are awarded directly to fire departments to support the purchase of Personal Protective Equipment for the COVID-19 response; and WHEREAS, the City has expended unplanned funds out of the Emergency Medical Services (EMS) supply budget of the fire department to equip personnel to safely respond to COVID-19 calls; NOW, THEREFORE BE IT SO RESOLVED, this 18th day of May 2020 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s AFG-S grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. RESOLVED this 18th day of May 2020. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia Under Section 3.18 of the Charter of the City of Milton to Provide for the Operation of the City of Milton, Georgia During the Public Emergency Known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by Council; to Supersede the Existing Emergency Ordinance; to Adopt the City’s Reopening Plan; and for Other Purposes MEETING DATE: Monday, May 18, 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 ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 6BF404B9-32C3-4E61-AAAC-411FADDB1892 X X May 18, 2020 X X 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN AMENDED EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18 OF THE CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING THE PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON ADOPTION BY THE COUNCIL; TO SUPERSEDE THE EXISTING EMERGENCY ORDINANCE; TO ADOPT THE CITY’S REOPENDING PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and Council of the City of Milton, Georgia are charged with the protection of the public health, safety, and welfare of the citizens of the City of Milton, Georgia; and WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia empowers the Mayor and City Council to adopt an emergency ordinance to meet a public emergency affecting life, health, property, or public peace; and WHEREAS, the novel coronavirus disease 2019 (“COVID -19”) global pandemic is a public emergency affecting and threatening life, health, property, and public peace; and WHEREAS, on March 13, 2020, the President Donald Trump declared a national emergency due to COVID-19; and WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide emergency in Georgia, describing COVID-19, and the corresponding pandemic, as a public health emergency; and WHEREAS, the Governor’s declaration of statewide emergency is currently set to expire on June 12, 2020; and WHEREAS, on March 16, 2020, the Mayor and City Council for the City of Milton declared via Emergency Ordinance that an emergency ex ists in the City of Milton based on COVID-19; and 2 WHEREAS, the City of Milton’s Emergency Ordinance has been renewed on several occasions, with the current version of the Ordinance having been adopted on April 23, 2020 and set to expire on May 19, 2020; WHEREAS, the Mayor and City Council continue to find that a state of local emergency exists in Milton, due to COVID19; WHEREAS, pursuant to the powers conferred by the City of Milton’s various Emergency Ordinances, as well as those powers conferred by Section 18 -25 of the Milton Code, the Mayor has issued various emergency declarations for the purpose of mitigating the impact of COVID19 on the citizens and businesses of Milton; and WHEREAS, the City Council has an interest in narrowing but extending the declared state of local emergency, adopting a phased reopening plan for the City of Milton, and further extending those Mayoral declarations to run coterminous with the period of declared local emergency. NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF MILTON HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the WHEREAS and Preamble sections, above, are hereby incorporated verbatim herein and the factual statements and findings are hereby ratified and affirmed; SECTION 2. That the Declaration of Emergency set forth in the March 20, 2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring a local emergency due to COVID19, as those have been renewed and extended, are hereby further renewed and extended from May 20, 2020 until 11:59 p.m. on June 12, 2020; SECTION 3. That Sections 2, 3, 4, and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; SECTION 4. That Section 6 of the March 20, 2020 Emergency Ordinance , and any amendments thereto, are hereby stricken in their entirety; SECTION 5. That the following Mayoral Declarations are hereby extended to run coterminous with the term of this Emergency Ordinance: 3 • March 20, 2020 Declaration – allowing “to go” malt beverage and wine alcohol sales for restaurants having a consumption on the premise license; • March 23, 2020 Declaration – allowing restaurants and retail to place certain additional temporary signage; • March 23, 2020 Declaration – deferring payment of alcohol excise taxes that became due for March 2020, to be deferred to April 30, 2020; • April 24, 2020 Declaration – allowing Occupational Tax Certificate Renewals to be extended from March 31, 2020 to May 19, 2020; • April 24, 2020 Declaration – allowing event facilities and caterers to host private catered events and sell prepared meals for pick -up and delivery under certain conditions. SECTION 6. That, due to COVID19 and the related inability of normal park and recreation programming and events to occur, the City Council for the City of Milton does hereby waive those park and recreation vendor program fees for canceled Spring sessions. City staff are directed not to issue vendor invoices for canceled Spring park and recreation session. SECTION 7. That the City of Milton’s Reopening Plan, attached hereto as Exhibit A, is hereby adopted and approved, with Phase 1 formally beginning May 18, 2020. Phase 2 shall tentatively commence on June 13, 2020, subject to actual conditions in Milton; federal, state and county public health orders; Centers for Disease Control guidelines; or state regulations appropriate to supporting the health and safety of Milton employees, volunteers, and citizens. SECTION 8. That during the term of this Emergency Ordinance City staff are empowered to unilaterally modify those internal City Council rules with respect to how the public may interact with the Council, to ensure that during the term of this Emergency Ordinance, citizens are provided en hanced flexibility on engaging with the Council. By way of example, only, this may mean that citizens may email questions or comments to the Council and those be read into the record – even if the citizen is not in physical attendance at the Council meeting. 4 SECTION 9. This New Emergency Ordinance shall become effective and operational on May 20, 2020 and shall expire on June 12, 2020, and may be reenacted, extended, terminated, or amended upon affirmative action taken at a meeting of the City Council called by the Mayor or two (2) councilmembers of the City Council. SO ORDAINED this 18th day of May 2020 by the Mayor and Council of the City of Milton, Georgia. THE CITY OF MILTON, GEORGIA ______________________________ Joe Lockwood, Mayor Attest: ________________________________________ Sudie AM Gordon, City Clerk 5 EXHIBIT A City of Milton PANDEMIC RECOVERY AND REOPENING PLAN May 18, 2020 6 I. Introduction On April 16, 2020 the US Coronavirus Task Force announced three-phased guidance on reopening. The threshold for beginning a three phased reopening of a state include a downward trajectory of influenza-like illnesses (ILI), COVID-like cases, and confirmed COVID-19 cases reported within a 14-day period; a robust testing program; and sufficiently available hospital resources to manage an upswing in cases. How to implement this guidance was left to the individual governors based on conditions in their states. On April 20, 2020 the State of Georgia announced a limited reopening of certain business functions. Further details of the State response have and will continue to come out periodically during the transition and recovery period. On April 30, Georgia’s general shelter-in-place requirement expired, but the State retained the shelter in place requirements for those “at high-risk for severe illness” and extended the Public Health State of Emergency until June 12, 2020. While Milton has begun to implement some portions of this plan concurrent with the Governor’s order, approval by Milton City Council on May 18, 2020 will represent the formal adoption of this plan. II. Purpose of this Plan Specific to Milton, the goals of this plan include the need to: • Protect the health and safety of workers in critical industries. • Protect the health and safety of those living and working in high-risk facilities (e.g., senior care facilities). • Continue to advise citizens regarding protocols for social distancing and face coverings. • Monitor conditions and, depending on the situation’s severity, immediately take steps to limit and mitigate any rebounds or outbreaks by restarting a phase or returning to an earlier phase. This plan is intended to address the reopening from Milton’s perspective, including: • City services • Community events • Public outreach and communication • City policy Changes in CDC guidelines, gubernatorial orders, or county regulations may result in revisions to this plan, as might external factors such as spikes in COVID-19 cases. Milton employees should be mindful of possible changes during this recovery process. 7 The City Manager and Emergency Manager, in consultation with the Mayor and/or Council and appropriate department heads may amend and/or supplement this plan as required by CDC and County or State Public Health Guidelines or State regulations. III. Overall Guidelines During the Recovery The Federal and State plans provided guidance that should be in place throughout the recovery process. Additional guidelines for each phase will be outlined in Section V, below. A. Guidance for Individuals Throughout the recovery period, internal communication should continue to emphasize social distancing and good hygiene practices. The core messages include: • Washing your hands with soap and water (for at least 20 seconds) or use hand sanitizer, especially after touching frequently used items or surfaces. • Not touching your face. • Sneezing or coughing into a tissue, or the inside of your elbow. • Disinfecting frequently used items and surfaces as much as possible. • Strongly considering using face coverings while in public, and particularly when using mass transit. • Not going to work or school if you are sick. If you’re suddenly not feeling well, you should go home and/or seek consult a medical professional. B. Guidelines for Employers Employers and local governments should develop and implement policies that are in accordance with Federal and State regulations and guidance, and are informed by their industry’s best practices. These will include: • Maintaining appropriate social distancing, depending on the phase of the recovery and current CDC, Federal, and State recommendations. • Using protective equipment, including masks, in public situations in which people might be in close contact. • Continuing to conduct employee temperature checks and supporting self-monitoring for COVID 19-like symptoms. • Increasing sanitary procedures in public places or areas where multiple people gather, including disinfection of common and high-traffic areas, conference rooms, break rooms, and commonly touched surfaces. • Limiting business travel for non-essential services. • Monitoring the workforce for symptoms indicative of COVID-19. Do not allow symptomatic people to physically return to work until they’re cleared by a medical provider. 8 • Developing and implementing policies and procedures for workforce contact tracing if an employee tests positive for COVID-19. (This will be managed by the Department of Public Health.) C. Additional State Guidelines As of April 20, 2020, State of Georgia guidelines also include: • Prohibiting gatherings of workers during work hours. • Permitting [in fact, encouraging] workers to take breaks or meals outside, in offices, or in other socially distanced ways. • Implementing [or continuing] teleworking if possible. • Staggering shifts to minimize the number of people in any given area. • Discouraging the sharing of phones, desk areas, computers, and other tools/equipment if possible. • Increasing the physical space between workers and visitors. State guidelines will likely change as the response evolves. D. Use of Masks As of May 1, 2020. the CDC, Georgia Department of Public Health, and the Governor have recommended the use of masks both in business and personal-public settings, specifically where social distancing is not possible. Mask/PPE usage will be divided into three categories: High Risk, Medium Risk, and Low Risk. • High Risk – Medical calls by public safety personnel. Suspected COVID-19 cases or calls where there is a confirmed COVID-19 case will require additional PPE as outlined in Fire and Police Department policies. • Medium Risk – Non-medical calls for public safety personnel or for daily City business activities for employees designated as higher risk for severe disease as defined by the CDC or the Governor’s orders. • Low Risk – Everyday office or field activities that don’t involve suspected sick people or known COVID-19 patients. There are four types of masks generally available: • N95 – FDA/CDC cleared for use in medical situations (i.e. HIGH RISK). These are rounded, fitted masks with straps that go around behind the head. The N95 will primarily be used by fire and police personnel when they are interacting with a sick patient or on medical calls. There is a limited supply so great care should be taken by public safety personnel in the use of these masks (refer to departmental policies for further information). N95s are meant to protect the wearer from breathing in particulates and heavy respiratory droplets and are 9 fitted to the wearer. These should be maintained and reused—unless they are used in a known or suspected COVID situation or other similar highly infectious airborne disease (such as tuberculosis). If the N95 is contaminated, personnel should follow their biohazardous materials disposal policy or contact the on-duty Battalion Chief for more information. Non-contaminated masks can be stored in a paper bag to keep them clean in between use. • KN95 or similar (Medium Risk) – These are foreign equivalents of N95 masks, but usually have ear loops rather than the around-the-head straps on the N95. They are meant to protect the wearer from breathing in particulates. However, they may not be as efficient as N95s so KN 95s should only be used by firefighters and police officers on High Risk EMS calls if N95s are not available. They may also be used in non-medical situations by City staff who are of higher risk of severe illness based on the Governor’s order or current CDC guidelines. Unless the KN95 is used in a known or suspected COVID situation, it should be saved and reused by the employee (They can be stored in a paper bag to keep them clean in between use.) • Surgical Masks/dust masks (Low Risk) – These are the general use masks that have been recommended for the public and employees. They are primarily intended to prevent the wearer from spreading any virus through coughing, sneezing, or breathing/talking. The surgical mask also offers some level of protection against inhaling large respiratory droplets. These are recommended for City employees in general settings where social distancing is not possible, and by police and fire on non-medical calls. • Cloth Masks (Low Risk) – These are an acceptable alternative to the surgical/dust masks, fill the same function, and can be cleaned and reused. City employees may wear these instead of surgical masks in general work settings if they wish. E. Milton Public Safety Milton Police and Fire department guidelines may be more stringent than the policies outlined above and will be based on current CDC recommend best practices. IV. The Federal Task Force Reopening Plan The reopening will begin once the thresholds of a downward trajectory of influenza- like illnesses (ILI), COVID-like cases, and confirmed COVID-19 cases reported within a 14-day period, a robust testing program and sufficiently available hospital resources to manage an upswing in cases have been met. On April 20, 2020, the Governor decided that the State had met the necessary thresholds and was going to start working through the phases of Opening. Subsections A, B, and C (below) lay out the Federal reopening plan. 10 A. Phase One • ALL VULNERABLE INDIVIDUALS should continue to shelter in place. Members of households with vulnerable residents should be aware that by returning to work or other environments where distancing is not practical, they could carry the virus back home. Precautions should be taken to isolate from vulnerable residents. • All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas, shopping areas), should maximize physical distance from others. Social settings of more than 10 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. • Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing (e.g., receptions, trade shows) • MINIMIZE NON-ESSENTIAL TRAVEL and adhere to CDC guidelines regarding isolation following travel. • Continue to ENCOURAGE TELEWORK, whenever possible and feasible with business operations. • If possible, RETURN TO WORK IN PHASES. • Close COMMON AREAS where personnel are likely to congregate and interact or enforce strict social distancing protocols. • Minimize NON-ESSENTIAL TRAVEL and adhere to CDC guidelines regarding isolation following travel. • Strongly consider SPECIAL ACCOMMODATIONS for personnel who are members of a VULNERABLE POPULATION. • SCHOOLS AND ORGANIZED YOUTH ACTIVITIES (e.g., daycare, camp) that are currently closed should remain closed. • VISITS TO SENIOR LIVING FACILITIES AND HOSPITALS should be prohibited. Those who do interact with residents and patients must adhere to strict protocols regarding hygiene. • LARGE VENUES (e.g., sit-down dining, movie theaters, sporting venues, places of worship) can operate under strict physical distancing protocols. • ELECTIVE SURGERIES can resume, as clinically appropriate, on an outpatient basis at facilities that adhere to CMS guidelines. • GYMS can open if they adhere to strict physical distancing and sanitation protocols. • BARS should remain closed. B. Phase Two • ALL VULNERABLE INDIVIDUALS should continue to shelter in place. Members of households with vulnerable residents should be aware that by returning to work or other environments where distancing is not practical, they could carry the virus back home. Precautions should be taken to isolate from vulnerable residents. 11 • All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas, shopping areas), should maximize physical distance from others. Social settings of more than 50 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. • NON-ESSENTIAL TRAVEL can resume. • Continue to ENCOURAGE TELEWORK, whenever possible and feasible with business operations. • Close COMMON AREAS where personnel are likely to congregate and interact or enforce moderate social distancing protocols. • Strongly consider SPECIAL ACCOMMODATIONS for personnel who are members of a VULNERABLE POPULATION. • SCHOOLS AND ORGANIZED YOUTH ACTIVITIES (e.g., daycare, camp) can reopen. • VISITS TO SENIOR CARE FACILITIES AND HOSPITALS should be prohibited. Those who do interact with residents and patients must adhere to strict protocols regarding hygiene. • LARGE VENUES (e.g., sit-down dining, movie theaters, sporting venues, places of worship) can operate under moderate physical distancing protocols. • ELECTIVE SURGERIES can resume, as clinically appropriate, on an outpatient and in-patient basis at facilities that adhere to CMS guidelines. • GYMS can remain open if they adhere to strict physical distancing and sanitation protocols. • BARS may operate with diminished standing-room occupancy, where applicable and appropriate. C. Phase Three • VULNERABLE INDIVIDUALS can resume public interactions, but should practice physical distancing, minimizing exposure to social settings where distancing may not be practical, unless precautionary measures are observed. • LOW-RISK POPULATIONS should consider minimizing time spent in crowded environments. • Resume UNRESTRICTED STAFFING of worksites. • VISITS TO SENIOR CARE FACILITIES AND HOSPITALS can resume. Those who interact with residents and patients must be diligent regarding hygiene. • LARGE VENUES (e.g., sit-down dining, movie theaters, sporting venues, places of worship) can operate under limited physical distancing protocols. • GYMS can remain open if they adhere to standard sanitation protocols. • BARS may operate with increased standing room occupancy, where applicable. 12 V. Milton’s Recovery Plan A. Basic Overview The Milton Reopening Plan will be based on the Federal Plan. The Milton plan will be updated as required by changes in CDC, Georgia Department of Public Health, or Fulton County guidelines. This plan is a guide to reopening, but due to the fluidity of circumstances and overlapping city, county, state, and federal regulations, it may be amended at any time. As such, the contents of this plan, the transition between reopening phases, and what happens in each phase will be determined by: • Conditions at the time in the City of Milton • Public health orders and guidance from Georgia DPH, Fulton County DPH, or the CDC • Executive Orders from Georgia’s Governor • Orders from the Georgia Judicial Branch • Federal regulations or orders. B. Starting Point for Reopening During this pandemic response, the City has transitioned to a hybrid remote on-site operating system. Most core City operations continue, with many working remotely or staggering staff presence in City Facilities. Meetings have transitioned to a mostly online format. Notable closures/suspension of City activities include: • Parks and Recreation formal sports programs • Large community events • General community meetings (e.g. Economic Development small business events, Citizens Government Academy) • Staff-customer City Hall meetings (e.g. Community Development) • General court trial days and arraignments • Parks active facilities (e.g. playgrounds and fields) • In-person board and committee meetings • In-person City Council meetings. The reopening plan will coincide with federal and state standards, and general work back through the pandemic response levels as the disease prevalence lessens. C. External Communications Plan The current guidelines (presented in Section III of this document) apply not only to Milton City operations but also to the general community. The 13 governor has put much of the onus on local businesses and individuals to take personal responsibility for following the social distancing and cleaning guidelines while trying to restart the economy. During the reopening and recovery period, sustained support for enhanced safety measures for individuals and businesses in Milton will be conducted primarily through media campaigns and direct outreach. Departments taking the lead in this will be: • Communications and Engagement • Economic Development • Community Development, which will serve as a support department and should be included in the final messaging products to share with those involved in construction locally and new businesses prior to opening. It is this communication—and the Milton community’s willing embrace of these measures—that will allow economic activity to resume while still mitigating against a new spike in COVID-19 hospitalizations and deaths. Messaging will revolve around the items outlined in Section III as well as any new guidelines developed by the CDC, the Federal Task Force, or the State’s government. While as of April 20, 2020 the Governor’s order supersedes any local ordinances, some Milton businesses may choose to remain closed for a longer period. D. Internal Communications Plan The City will continue to provide consistent safety messages to City staff that it offers local businesses. Additionally, changes in City operations, recommended safety and health practices, and enhanced cleaning measures should be routinely communicated to staff as Georgia and Milton moves through the phases of recovery. E. Phased Reopening City services will generally follow the Federal plan for reopening. Each phase will depend on multiple factors, including: • Actual conditions in Milton • Availability of necessary PPE and cleaning supplies to institute the state and federally recommended enhanced safety measures • Consultation with surrounding governments and appropriate county and state agencies • The various legal or government requirements discussed in Section V.A. 14 Movement through each phase will be a deliberative process, and the full implementation of each phase may not happen immediately upon transition. The phased approach is meant to provide a continuum for planning purposes, not a distinct process in three blocked-out steps. F. Milton Phase One The State of Georgia entered Phase One on Monday, April 27. While Milton had already begun to plan for and implement some of these guidelines based on the Governor’s order, Milton will formally enter Phase One upon adoption of this Plan. • Continue to telework and stagger in-office times for City Hall staff whenever possible. Departments will manage this based on what is required to complete work tasks. • Continue to use masks, enhanced cleaning, social distancing, and other protective measures. • A “clean desk policy” shall be implemented for everyone working in a shared workspace to improve cleaning and disinfecting. Do not leave items like coffee mugs or food related items on desks and keep as sensitive items inside desk drawers case decontamination becomes necessary. • Any critical work-related gatherings that have to be in-person shall occur in a socially distanced format (6 feet separation between people). If social distancing cannot be maintained, City staff or volunteers should wear appropriate masks. Enhanced cleaning should be conducted, and no more than 10 people should be in the same meeting. Employee breaks should be taken separately or in a socially distanced format. • Critical board, committee, and council meetings can occur, in compliance with all social distancing requirements. Any staff member or appointed/elected official who comes on-site shall adhere to the cleaning, social distancing/limited occupancy, and temperature/wellness check policies already in place. While these meetings are open to the public, it is highly recommended that the public participate virtually rather than coming on-site at City Hall. For members of the public who cannot participate remotely, the following guidelines shall be in place: o The use of masks by visitors should be strongly encouraged. o Each unrelated party shall be seated at least 6 feet apart and no party of more than 6 people shall be admitted. The occupancy load in Council Chambers will be significantly reduced to encourage social distancing. o Seating areas, tables, doorknobs, and other common touch surfaces in meeting areas and in the public restrooms should be sanitized before and after meetings. o Tape should be applied to the floor at the magnetometer to encourage social distancing if a line should form. 15 o The police officer at a meeting shall monitor compliance with these guidelines. • Other meetings should continue to be held in an online format. • Staff meetings should continue to be conducted via Teams or hybrid in- person and Teams meetings (socially distanced or with masks) where possible to ensure teleworking employees and on-site employees are both in the meetings. Groups of more than 10 people should be avoided. • Non-organized use of active park facilities (playgrounds and voluntary use of outdoor facilities) can resume. Enhanced cleaning/disinfection of play structures and restroom, based on the use of the facilities, must occur with any reopening AND signs outlining social distancing, hygiene, health self-monitoring, and use of masks should be placed at all open facilities. Drinking fountains and inside spaces other than restrooms will remain closed. • If the City pool opens, the City will institute appropriate social distancing and cleaning guidelines according to CDC, Public Health, and State recommendations and regulations. • With the exception of the main lobby at City Hall and park bathrooms, City facilities remain closed to the public. • Milton will continue to support high-risk individuals in accordance with HR policy and operational necessity. • There will be no non-essential travel on City business during this phase. G. Milton Phase Two Milton’s moving to Phase Two is expected to coincide with the state- declared Public Health Emergency (currently set to expire on June 12, 2020). This timeline may be revised as public health conditions develop but at a minimum, there should be no evidence of a CIVID-19 rebound in Georgia and the State continues to show a downward trajectory of documented cases (even after the State’s opening of businesses and facilities according to the Governor’s April 20, 2020, executive order). The expected duration of this phase is contingent on the severity of the epidemic within the metropolitan Atlanta area as well as the recommendations provided by the federal, state, and county public health agencies. • Increased in-person activity at City facilities by staff members can take place, though teleworking still may be used to stagger staff hours (if amenable to successful service delivery) or to support at-risk City staff members. Department heads should manage their staff to ensure service is provided within this framework. If possible, department heads should schedule their staff’s presence in the office to minimize unnecessary face-to-face interaction. • Gathering of staff should be limited and kept within social distancing requirements whenever possible. Break rooms, conference rooms, and 16 other gathering areas should have their physical set up changed to encourage social distancing (e.g. removing chairs and/or tables from the courtroom, conference rooms, and Council Chambers). • Continue the “clean desk policy” for everyone working in a shared workspace to improve cleaning and disinfecting (if it becomes necessary). • To limit staff interactions, continued lobby drop-off of plans, documents, and other materials will still be allowed/encouraged where practical. A kiosk for remote access to City services in the lobby area will be provided. • Limited staff-public interaction at main windows at Police, Court, and City Hall can resume. The City will implement enhanced separation of staff from the public, including glass/plexiglass barriers at front desk windows and temporary plexiglass barriers for more limited interactions (e.g. at Court or between low-topped cubicles). • Use of masks by staff while close to each other or having meetings, enhanced cleaning procedures, social distancing, and other protective measures for City Staff should continue. • Limited staff-customer meetings of fewer than 10 people can take place in the lobby or conference rooms BY APPOINTMENT ONLY, and shall include enhanced cleaning, moderate social distancing and/or mask usage, and enhanced hygiene. Teleconferences should still be used where an in-person meeting is not required. • Milton will continue to support high-risk individuals in accordance with HR policy and operational necessity. • Parks activities (e.g. sports activities) can reopen for gatherings of fewer than 50 people. Enhanced cleaning and “moderate” social distancing stipulations shall remain in place. • The City pool can open with enhanced cleaning, social distancing, and limited occupancy requirements (These will be posted at the gate and on the City website). • Camps and community outreach activities should take into consideration stipulations about vulnerable populations who still need to shelter in place. Activities that may put these populations at risk should be postponed until public health guidance changes. • Council, board, committee, and general City-led community meetings can resume. Enhanced cleaning, moderate social distancing, and hygiene recommendations should remain in place. Teleconference or web-based options should remain options for at-risk populations to the extent that such options are compliant with the law. • Core areas of City facilities (i.e. fire stations, police department offices) should remain closed. • If court resumes, the shall be enhanced cleaning, use of masks by staff, and physical separation should be maintained during court days. The Courtroom should be limited to 50 people. • Necessary travel for City business can resume. 17 H. Phase Three The date of Phase Three is pending. Milton will enter Phase Three when there is no evidence of a rebound in Georgia and the state continues to show a sustained downward trajectory of documented cases. Guidance/regulations from the Governor, public health authorities, state court system, or CDC may require revision of this timeline. • City events can resume with enhanced cleaning, public signage encouraging hygiene, and limited social distancing measures. City staff should be careful to plan these events with health and safety in mind, as the federal Phase Three still recommends that low-risk individuals should consider minimizing their time spent in crowded environments. • General public education events can resume with enhanced cleaning, personal hygiene recommendations, and limited social distancing. • Enhanced cleaning and health precautions at City facilities should continue. • Accommodations of at-risk employees should continue as appropriate for continued provision of services. • City Hall can resume normal operations. Enhanced hygiene and cleaning should remain in place. • All City meetings can be routinely conducted with enhanced cleaning and personal hygiene procedures. • Similarly, all staff-customer meetings can be conducted with enhanced cleaning and personal hygiene procedures. • Core facilities can open back to the public with controlled access and enhanced cleaning, personal hyenine, and limited social distancing. I. Phase Four Return to unrestricted routine operations. This phase will begin when the threat of contracting COVID-19 is considered by federal, state, and/or county public health agencies to be nearly/entirely eliminated or until the risk of employee-to-employee infection is deemed minimal. The timing of this phase and the guidelines associated with it will depend on testing, treatment, and other factors. This phase will be assessed as the federal, state, and county public health apparatus to develop sufficient data to advance these guidelines.