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HomeMy WebLinkAboutAgenda Packet - CC - 11/16/20202006 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. Updated – 11/13/2020 Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, November 16, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 20-312) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16, 2020 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the October 5, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-313) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and S&ME, Inc. for Geotechnical Services on the Hamby Road Bridge Located at 14327 Hamby Road. (Agenda Item No. 20-314) (Robert Drewry, Public Works Director) 3. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2020. (Agenda Item No. 20-315) (Bernadette Harvill, Finance Director) 4. Approval of a Professional Services Agreement between the City of Milton and Ed Castro Landscape for the Provision of Landscaping Services at the City’s Fire Stations and the Public Safety Complex. (Agenda Item No. 20-316) (Rich Austin, Police Chief) 5. Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Trail Agreement to December 2021. (Agenda Item No. 20-317) (Tom McKlveen, Manager of Parks and Recreation) 6. Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Restroom Agreement to September 30, 2021. (Agenda Item No. 20-318) (Tom McKlveen, Manager of Parks and Recreation) 7. Approval of an Agreement between the City of Milton and NCR Payment Solutions, LLC for Electronic Payment Processing Services that Integrates with JustFOIA and CivicRec. (Agenda Item No. 20-319) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16, 2020 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Chris Gray LL 743 Dist. 2 Sect. 2 NE corner of Redd Road and Freemanville Road Minor Plat Subdivided into 3 Tracts 5.759 Acres 0.52 lots / Acre 2. Dennis Gilreath LL 184 & 185 Dist. 2 Sect. 2 16660 Phillips Road Minor Plat Subdivided into 2 Tracts 4.60 Acres 0.434 lots / Acre 3. Thompson Manor LL 538 Dist. 2 Sect. 2 NE corner of Little Stone Way and Thompson Road Minor Plat Subdivided into 3 Tracts 5.677 Acres 0.528 lots / Acre (Agenda Item No. 20-321) (Tracie Wildes, Land Development Manager) 7) REPORTS AND PRESENTATIONS 1. Update on Local Stormwater Issues. (Robert Drewry, Public Works Director) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING (None) 10) ZONING AGENDA 1. Consideration of Zoning Text Amendment - RZ20-17 – To Amend Sec. 64- 395, Uses Prohibited in all Zoning Districts (as it relates to temporary consumer fireworks retail sales facilities). (Agenda Item No. 20-306) (First Presentation at November 2, 2020 City Council Meeting) (Robert Buscemi, City Architect) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16, 2020 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of Zoning Text Amendment - RZ20-18 – To Create a New Use Permit – Sec. 64-1845 for Farm Winery Consumption on Premises of Beer and/or Liquor. (Agenda Item No. 20-307) (First Presentation at November 2, 2020 City Council Meeting) (Robert Buscemi, City Architect) 3. Consideration of Zoning Amendment - RZ20-19 – To amend Sec. 64-1121 (Use Chart within the Rural Milton Overlay as it relates to a Farm Winery). (Agenda Item No. 20-308) (First Presentation at November 2, 2020 City Council Meeting) (Robert Buscemi, City Architect) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 4 – Section 85 – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 20-309) (First Presentation at November 2, 2020 City Council Meeting) (Sarah LaDart, Economics Development Manager) 2. Consideration of an Ordinance Revision to Chapter 46 Article II, Section 46- 24 for Prohibitions of Public and Private Littering (Agenda Item No. 20-310) (First Presentation at November 2, 2020 City Council Meeting) (Robert Drewry, Public Works Director) 12) NEW BUSINESS 1. Consideration of the Issuance of an Alcohol Beverage License to L’Amour Nails and Beyond Salon, 850 Mayfield Road, Suite 101B, Milton, GA 30009. (Agenda Item No. 20-322) (Bernadette Harvill, Finance Director) 2. Consideration of the Issuance of a Conditional Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton, GA 30004. (Agenda Item No. 20-323) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16, 2020 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 3. Consideration of the Issuance of a Resident Alcoholic Beverage Caterer License to ‘Cue Barbecue, 13700 GA Hwy 9 N, Milton, GA 30004. (Agenda Item No. 20-324) (Bernadette Harvill, Finance Director) 4. Consideration of a Resolution Appointing Richard E. Hicks as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 20-325) (Stacey Inglis, Assistant City Manager) 5. Consideration of a Resolution Appointing Barry L. Zimmerman as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 20-326) (Stacey Inglis, Assistant City Manager) 6. Consideration of a Resolution Appointing Keith A. Carnesale as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 20-327) (Stacey Inglis, Assistant City Manager) 7. Consideration of a Resolution Appointing Jared L. Mitnick as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 20-328) (Stacey Inglis, Assistant City Manager) 8. Consideration of a Professional Services Agreement between the City of Milton and Charles Abbott Associates, Inc. for Building Plan Review and Inspection Services. (Agenda Item No. 20-320) (Robert Buscemi, City Architect) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Police 2. Community Development MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16, 2020 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-329) CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and S&ME, Inc. for Geotechnical Services on the Hamby Road Bridge Located at 14327 Hamby Road MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X To: Honorable Mayor and City Council Members From: Robert Drewry, Director of Public Works Date: Submitted on November 12, 2020 for the November 16, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and S&ME, Inc. for Geotechnical Services on the Hamby Road Bridge Located at 14327 Hamby Road ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this professional services agreement. Executive Summary: This Professional Services Agreement with S&ME, Inc will provide Geotechnical services to determine if we have subsurface issues on the Hamby Road bridge abutment. S&ME, Inc will be providing coring services on the bridge abutment approaches. S&ME, Inc will also provide the city repair options for the depressions on the Hamby Road bridge. These services include all materials, labor, and equipment to complete the Geotechnical service and a mobilization. Procurement Summary: Purchasing method used: Professional Services Account Number: 300-4101-541401200 Requisition Total: $5,750.00 Vendor DBA: S&ME, Inc. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, November 10, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, November 10, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Professional Services Agreement HOME OF 'THE GFST IQUAMY OF LIFE w'd GEORGIA' \� 1 / J it ` ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Hamby Road Bridge Geotechnical Services 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"), and S&ME Inc, a North Carolina corporation, having its principal place of business in Georgia at 4350 River Green Parkway, Suite 200, Duluth, Georgia 30096 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: Completion of an Geotechnical study that includes boring/drilling exploration around the Hamby Road bridge located at 14327 Hamby Road, Milton, GA. Contractor will determine if there are voids around the bridge abutments and advise what action can be taken to repair the depressions at the approaches of the bridge, (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. 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, and the Agreement shall terminate, on or before December 31, 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. 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 $5,750.00, (the "Maximum Contract Price"), consisting of a flat fee of $5,750.00 for services, 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 flat fee with some reimbursable items. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of a single invoice, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. The invoice shall be submitted at the completion of the Work. 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 localboards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for underthis Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform theWork described in this Agreement.B.Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does notundertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility forConsultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitabilityor correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Workby City is limited to the function of determining whether there has been compliance with what is required to be producedunder this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctnessof Consultant's Work under professional and industry standards.C.Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City inorder to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City,bttt Cornn:tltant sh:td:l provide immed:iate-written--nohce to €icy if Consttltant knows �bl:y shottld know that any information provided 1,, City is erroneotts, ineonsistent, or othemise problematic. 411-171 D.Consultant's Representative; Meetings. _W. Shea Vincent__ 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.1 /J' d-1(/r, F.Responsibility of Consultant and Indemnification of City. Consttktmt e<Y.>·enattts and agrees to take and assttmeml rcs_ponsibi:lity for th:e W6rk rendered in e onnecti:on with this Agreement C onsttltant shaH beftf ml losses and: damages direct!, or in<:lircetey resttlting to it mttffor City on aecOttftt of the perf6rma:nec or eh:ftraeter of the Work rendered ptlffllilftt to this A:gt-eemcnt:. 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 obligation shall not be construed to negate, abridge, or otherwise reduce any other right or 2 obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 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 parry or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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 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. K. Confidentiallo . Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. _Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, 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. O. required b , if the Agreement require Consultant to prepare, develop, proposals, procurement o , negotiation preeess--Ik r' fte Gensultant shall avoid arty appearanee of impropriety and sha4l follow all ethie—I of-. t , transaction-or-relationship--inel Consultant'&vZents or subsidiaries, ably-eould be expeeted to give rise to a eonfliet of interest, ineluding, but li past, -present, or knowm-prespeetive engage , irw4vement in litigation or other dispute, eliez,L. LelatiVII3111 o r financial interest, and skall mne ' bsequently discovered during the pendency of the Agreement; and -(e) the Consultant agrees and acknowledges that any violation or 4 111 - - I - - - • 1 III • I I 11 - - • 11 II • I■ 1 I _ 1 111 11 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. Governin 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 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. Aereement Construction and Interpretation; Invalidity of Provisions; Severability Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 5 CONSULT Signature: Print Name Title: [CIRCLE Presiden ice President Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _ Print Name: MereditO-Keyes Title: CFONP/Secretary (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" See attached. Sw III October 14, 2020 City of Milton 2006 Heritage Walk Milton, Georgia 30004 Attention: Mr. Matt Fallstrom Reference: Proposal for Geotechnical Exploration Hamby Road Bridge at Chicken Creek Milton, Georgia S&ME Proposal No. 32-2000520 Dear Mr. Fallstrom: S&ME, Inc. (S&ME) is pleased to submit this Proposal for Geotechnical Exploration for the subject project. This proposal describes our understanding of the project and presents our recommended scope of services, schedule, and compensation along with establishing contractual agreements. Our Agreement for Services, Form AS -071, is attached an is an integral part of this proposal. * Project Overview Initial project information was provided through e-mail and telephone conversations between Mr. Matt Fallstrom of the City of Milton and Mr. Shea Vincent, P.E. of S&ME. Additionally, we performed a site reconnaissance on October 8, 2020. Based on the provided information, we understand that some settlement is occurring in the approach pavement areas on both sides of the Hamby Road bridge over Chicken Creek. The bridge is located approximately 900 feet east of Hamby Road's intersection with Hopewell Road. The pavement settlement has caused a noticeable dip to form between the bridge deck and the adjacent road. The dip is causing a noticeable loss in ride quality when passing over the bridge. The City of Milton is planning to repair the roadway. We understand that the pavement along Hamby Road was recently reconstructed (in the last 3 to 5 years) using full depth reclamation (FDR). While we did not observe potential issues with the bridge structure during our reconnaissance visit, we note that we used a probe road to generally assess the firmness of the soils in the shoulder immediately adjacent to the bridge and found the materials to be loose to very loose at multiple locations. We have been requested to provide a geotechnical exploration to assess the cause of the settlement. The project information and assumptions detailed above should be reviewed and confirmed by the appropriate team members. Modifications to our proposed scope of services, schedule, and/or compensation may be required if the actual conditions vary from the project information and assumptions described herein. S&ME, Inc. 14350 River Green Parkway, Suite 200 1 Duluth, GA 30096 1 p 770.476.3555 1 www.smeinc.com Proposal for Geotechnical Exploration Hamby Road Bridge at Chicken Creek Milton, Georgia S&ME Proposal No. 32-2000520 Scope of Services To evaluate the geotechnical conditions in the settled areas, we propose to drill 4 four soil test borings, one in each lane on each side of the bridge. Our planned scope is described in more detail below. Utility Location Coordination We will proceed with our services upon receiving written authorization. We will contact Georgia 811 and request that they facilitate the location of their member utilities. Please note that Georgia 811 does not locate private utilities (such as storm sewer lines, private sanitary sewer, water, or electrical lines, etc.), and oftentimes will not locate utilities beyond the right-of-way, or beyond the service read-out meters. Traffic Control In order to provide a safe work zone for our field personnel, we will subcontract a flagging crew in order to temporary close one lane of Hamby Road at a time. We plan to perform the closure during daytime hours between 9 am and 4 pm. Test Boring Layout A member of our engineering staff will establish the test boring locations by measuring distances from existing site features (e.g. edge of pavement, corner of bridge deck, etc.). Based on the methods used to establish each test location, the information should be considered approximate. If more specific location information is desired, we recommend retaining a professional licensed surveyor to obtain this information. Test Borings Prior to performing the test borings, we will core through the existing pavement at each boring location with a core drill equipped with an 8 or 10 -inch diameter cutting bit. We will mobilize a drill rig to perform the 4 test borings in general accordance with ASTM D6151, the Standard Practice for Using Hollow -Stem Augers for Geotechnical Exploration and Soil Sampling. We will perform 2 borings on each side of the bridge, one in each travel lane. The borings will be drilled to a depth of 15 feet or prior auger refusal. Standard penetration resistance tests (SPT) will be performed continuously through each boring in general accordance with ASTM D1586, the Standard Test Method for Standard Penetration Test (SPT) and Split -Barrel Sampling of Soils. Sampling of auger refusal materials (i.e. rock coring) is not included in our scope of services. A member of our engineering staff will be present in the field to direct the exploration and log the boreholes. The retained soil samples will be visually classified in the field in general accordance with ASTM D2488, Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). Upon completion of each borehole, we will check for the presence of subsurface water and measure its depth, if present. Then, the boreholes will be backfilled with auger cuttings and a borehole closure device. The road surface will be patched with a cold -mix asphalt patch. The patches should not be considered permanent. October 14, 2020 Borehole Closure Proposal for Geotechnical Exploration Hamby Road Bridge at Chicken Creek Milton, Georgia S&ME Proposal No. 32-2000520 The services described in this Proposal will involve the drilling or boring of test holes on the property being explored. Open boreholes on any site expose the property owner and other parties to a multitude of liability risks. These include physical risk of injury or damage to the owner or third parties on the property of the owner. Additionally, real property may be at risk due to the presence of the boreholes. While no method of closing a borehole is totally foolproof, S&ME has found that the use of borehole closure appliances will substantially improve the stability of the surface in the vicinity of completed boreholes. Unless otherwise directed, we will close all boreholes made in this exploration using our standard protocol after drilling operations have ceased. Report Our services will culminate with a written report prepared by a member of our engineering staff under the review of an S&ME senior engineer licensed in Georgia. The conclusions and recommendations contained in the report will include: • A summary of project information; • A summary of current site conditions and area geology; • A summary of the field test methods; • A summary of the subsurface conditions encountered in the borings; • An assessment of the potential cause(s) of the roadway settlement and recommendations for remediation; and • An Appendix including a Site Location Plan, Test Location Plan, and individual test boring logs. We typically provide a PDF version of our report either through email or our Sharefile site. If bound or unbound paper copies are required, please let us know. 'Excluded Services Without attempting to provide a complete list of services that are excluded from this proposal, the following are specifically excluded. These services can be performed by S&ME if requested; however, a separate proposal would be required. Private utility location ♦ Rock coring Sampling, testing, or consulting for environmental purposes 4 Schedule Based on our current schedule, we expect to mobilize our field team to the site within about ten working days after receiving a fully executed agreement. We anticipate the field exploration will require one day to complete. Barring unforeseen events which hinder our field efforts, we will issue our report within four weeks of receipt of written authorization. October 14, 2020 =0 Proposal for Geotechnical Exploration Hamby Road Bridge at Chicken Creek I I = Milton, Georgia '�r S&ME Proposal No. 32-2000520 s Compensation Our lump sum fee to provide the scope of services discussed above is $5,750. If we encounter conditions during the course of our work which indicate the need for additional borings, laboratory testing, or exploration, we will discuss the situation with you. At that time, we can provide a cost for additional services and obtain your approval before proceeding with work outside the scope discussed herein. + Limitations This proposal is solely intended for the Scope of Services as described above and may not be modified or amended, unless the changes are first agreed to by the client and S&ME. Use of this proposal and resulting documents, including the final report is limited to the above referenced project and client. No other use is authorized. * Client Responsibilities The Scope of Services, schedule, and compensation presented herein are contingent upon the client fulfilling the following responsibilities: • Formally authorize our services. Provide access to the site including notifying the local transportation department personnel of our schedule. Provide any known information regarding underground structures located onsite including existing bridge foundation details, if known. 4 Authorization Our Agreement for Services, Form Number AS -071, is attached and incorporated as a part of this proposal. To authorize our services, please review the Agreement for Services, sign the form and return it to us to sign. We also request that you indicate if you would like to authorize us to retain the private utility location consultant for the additional fee. An executed copy will be returned to you for your records. If you elect to accept our proposal by issuing a purchase order, then please reference this proposal number and date. Your purchase order will be an acceptance of our Agreement of Services and a formal authorization to proceed with the performance of our services. The terms and conditions included in any purchase order shall not apply, as our agreement is for services that are not compatible with purchase order agreements. If this proposal is transmitted to you via e-mail, and if you choose to accept this proposal by e-mail, your reply e-mail acceptance will serve as your representation to S&ME that you have reviewed the proposal and the associated Agreement for Services and thereby accept both as written. Alternatively, our services can be authorized by a contract provided by City of Milton, provided S&ME agrees to the contract language. October 14, 2020 4 Proposal for Geotechnical Exploration Hamby Road Bridge at Chicken Creek I Milton, Georgia S&ME Proposal No. 32-2000520 Acknowledgement We appreciate the opportunity to serve as the geotechnical engineering consultant on this project. Please contact us with any questions about this proposal or if we can be of additional service. Sincerely, S&ME, Inc. Mark Tilashalski, P.E. Project Engineer mtilashalsk0)smeinc.com 45�4-e;;" Ti moth rocha, P.E. Principa Engineer tmirocha@smeinc..com W. Shea Vincent, P.E. Project Engineer wvincnet smeinc.com Attachments S&ME Agreement for Engineering Services (Form AS -071) October 14, 2020 5 EXHIBIT "B" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff Insurance Services 2108 W. Laburnum Ave Suite 300 PO Box 17370 Richmond VA 23227 INSURED S&ME Inc. 4350 River Green Parkway Suite 200 Duluth, GA 30096 804-678-5026 INSURER A: Valley Forge Insurance C INSURER B : Travelers Property CasuE INSURER C: American Casualty Co of INSURER D: XL Specialty Insurance C 888-751-3010 COVERAGE ly 20508 of Amer 25674 29 PA 20427 V 37885 COVERAGES CERTIFICATE NUMBER: 218580640 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRD TYPE OF INSURANCE IfDL SUBR POLICY EFF POLICY EXP LTR.. _ POLICYNUMBER iMMIDDNYYYI rMMIDDfYYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6042844344 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 DAMAGETORENTED CLAIMS -MADE OCCUR PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 -XI I Fx I I JjRO- POLICY ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: II $ A AUTOMOBILE LIABILITY Y Y BUA6042844313 7/1/2020 7/1/2021 COMBINEDSINGLELIMIT $2,000,000 Ea accident XANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident P ( ) $ X HIRED X NON -OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLALIAB X OCCURY ZUP51M623952ONF 7/1/2020 7/1/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB I CLAIMS -MADE. AGGREGATE $5,000,000 DED I X RETENTION $ 000 1 $ C WORKERS COMPENSATION Y WC678651782 7/1/2020 7/1/2021 X AND EMPLOYERS' LIABILITY Y / N STATUTEETH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Professional Liability DPR9962088 1 7/1/2020 7/1/2021 5,000,000 Per Claim 5,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Umbrella policy extends over General Liability, Automobile Liability and Employers' Liability coverages. In the event the Company cancels the General Liability, Automobile Liability and Employers' Liability policies for any statutorily permitted reason other than non-payment of premium, the Company agrees to provide ninety (90) days' notice of cancellation of the Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation of the Policy. In the event that the Companies cancel the Professional Liability policy for any statutorily permitted reason other than non-payment of premium, the Companies See Attached... CERTIFICATE HOLDER CANCELLATION City of Milton, Georgia Attn: Honor Motes 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 35SMEINC LOC #: A ADDITIONAL REMARKS SCHEDULE AGENCY McGriff Insurance Services POLICY NUMBER CARRIER ADDITIONAL REMARKS NAIC CODE NAMEDINSURED S&ME Inc. 4350 River Green Parkway Suite 200 Duluth, GA 30096 EFFECTIVE DATE: Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE agree to provide thirty (30) days' notice of cancellation of the Policies to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation of the Policies. Project: Hamby Road - Bridge at Chicken Creek The City of Milton, Georgia, its officials, employees or agents are included as Additional Insured with respect to General Liability, Automobile Liability and Umbrella Liability Coverage where required by written contract. Waiver of Subrogation is included with respect to General Liability, Automobile Liability, Workers Compensation and Umbrella Liability Coverage where required by written contract. AGORD 107 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIHBIT "C" STATE OF Georgia _ COUNTY OF Gwinnett CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 53292 I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Executed on Nov. 10 , 20 20 in September 10, 2007 •A (state). Date of Authorization t %-' Agent SBtME,Inc. Name of Contractor HR Business Partner I lamb~ Road Bridee Geotechnical Service Name of Project City of Milton. Georgia Name of Public Employer Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 10 DAY OF November , 2020 . NOTARY PUBUC `,,�`��������►r�,/ [NOTARY SEAL] •`��OS...... VjS r My gommission Ex s-- : �s oma: o . � 0 ;N,�```,`• STATE OF _ COUNTY OF EXHIBIT "D" 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 S&ME,Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Hamby Road Bridge Geotechnical Services Name of Project CiU 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: CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ended September 30, 2020 MEETING DATE: Monday, November 16, 2020 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: __________ X November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted November 5, 2020 for the November 16, 2020 Regular City Council Meeting Agenda Item: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ended September 30, 2020 _____________________________________________________________________________________ Project Description: According to O.C.G.A. § 36-81-7, the city is required to have an annual audit of the financial affairs and transactions of all funds and activities of the city. The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the city. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Procurement Summary: Purchasing method used: RFP Account Number: 100-1510-521200003 Requisition Total: $32,000 (additional fees will be assessed if a single audit is required for federal grant purposes) Financial Review: Honor Motes, November 5, 2020 Legal Review: Sam VanVolkenburgh, October 31, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Audit Engagement Letter October 27, 2020 Honorable Mayor and Members of the City Council and City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 Attn: Bernadette Harvill, Finance Director We are pleased to confirm our understanding of the services we are to provide the City of Milton, Georgia (the City) for the year ended September 30, 2020. These services will be provided pursuant to and in accordance with the terms provided in the Professional Services Agreement, dated November 26, 2019. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management’s Discussion and Analysis (MD&A). 2. Schedule of Changes in the City’s Net Pension Liability and Related Ratios. 3. Schedule of City Contributions – Pension Plan. 4. Budgetary comparisons for the General Fund and Major Special Revenue Funds. City of Milton - 2020 Engagement Letter October 27, 2020 Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Schedule of Projects Constructed with Special Purpose Local Option Sales Tax Proceeds. 2. Combining and individual fund statements. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, we have no responsibility for determining whether such other information is properly stated, and our auditor’s report will not provide an opinion or any assurance on that information: 1. Introductory section 2. Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Milton, Georgia and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City’s financial statements. Our report will be addressed to the Members of the City Council for the City of Milton, Georgia. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis- of-matter or other-matter paragraphs. If our opinions on the financial statements are other than unmodified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue reports, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal City of Milton - 2020 Engagement Letter October 27, 2020 Page 3 control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is responsible for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including identification of all related parties and all related-party relationships and transactions, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and City of Milton - 2020 Engagement Letter October 27, 2020 Page 4 for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. With regard to an exempt offering document with which Mauldin & Jenkins is not involved, you agree to clearly indicate in the exempt offering document that Mauldin & Jenkins is not involved with the contents of such offering document. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. You agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. City of Milton - 2020 Engagement Letter October 27, 2020 Page 5 Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting waste and abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, an unavoidable risk exists that some material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. City of Milton - 2020 Engagement Letter October 27, 2020 Page 6 An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Milton, Georgia’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform these services in accordance with applicable professional standards. The other services are limited to the financial statements and related notes services previously defined. We, in our sole professional judgement, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Milton, Georgia; however, management is responsible for distribution of the reports and financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. City of Milton - 2020 Engagement Letter October 27, 2020 Page 7 The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulatory body. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately January 18, 2021 and to issue our reports no later than March 31, 2021. Adam Fraley is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $32,000 for the year ended September 30, 2020. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable upon presentation. The above fees are based on anticipated cooperation from your personnel (including complete and timely receipt by us of the information on the respective client participation listings to be prepared annually) and the assumption that unexpected circumstances (including scope changes) will not be encountered during the audit. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate before we incur the additional costs. As a result of our prior or future services to you, we might be requested or required to provide information or documents to you or a third party in a legal, administrative, arbitration, or similar proceeding in which we are not a party. If this occurs, our efforts in complying with such requests will be deemed billable to you as a separate engagement. We shall be entitled to compensation for our time and reasonable reimbursement for our expenses (including legal fees) in complying with the request. For all requests we will observe the confidentiality requirements of our profession and will notify you promptly of the request. The City may publish or otherwise reproduce the financial statements or include our report on the financial statements in an official statement or other document involved with the sale of debt instruments without our consent, provided that our report and the financial statements will be included in their entirety without modification and the following language will be included in the official statement or other document: “Mauldin & Jenkins, LLC, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. Mauldin & Jenkins, LLC also has not performed any procedures relating to this official statement.” City of Milton - 2020 Engagement Letter October 27, 2020 Page 8 We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MAULDIN & JENKINS, LLC Adam M. Fraley RESPONSE: This letter correctly sets forth the understanding of the City of Milton, Georgia. By: Title: CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Professional Services Agreement with Ed Castro Landscape for the Provision of Landscaping Services at the City's Fire Stations and the Public Safety Complex MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted November 2, 2020 for the November 16, 2020 Regular City Council Meeting Agenda Item: Consideration of a Professional Services Agreement with Ed Castro Landscape for the Provision of Landscaping Services at the City's Fire Stations and the Public Safety Complex _____________________________________________________________________________________ Project Description: With the opening of the new public safety complex, the landscaping and maintenance agreement needs to be updated to encompass the new facilities. This Professional Services Agreement will provide 32 visits to the 4 fire stations and the Police/Court building for routine maintenance, pine straw and mulching twice a year, brush maintenance, as well as tree, shrub, and turf care. The funding for this contract will come separately from the Police, Fire, and Court budgets. Total for 4 Fire Stations: $26,328.00 Additional Service to the Public Safety Complex (PD/Court): $ 6,690.00 Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-3210-522240000 (Police) $ 3,345.00 100-3510-522240000 (Fire) $26,328.00 100-2650-522240000 (Court) $ 3,345.00 Requisition Total: $ 33,018 Vendor DBA: Ed Castro Landscape Financial Review: Bernadette Harvill, November 9, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, October 22, 2020 Concurrent Review: City Manager Steven Krokoff Attachment: Professional Services Agreement with Ed Castro Landscape 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Landscaping Services – Fire Stations and Public Safety Complex 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”), and Ed Castro Landscape, Inc., a Georgia corporation, having its principal place of business at 1125 Old Ellis Road, Roswell, Georgia 30076 (herein after referred to as the “Contractor”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a Contractor to provide services in the completion of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in 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: provide landscaping services at the Milton Fire Stations and Public Safety Complex (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “A”, attached hereto and incorporated herein by reference. 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. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall be deemed to have commenced as of September 1, 2020 (some Public Safety Center work to begin on September 1, and rest of the work to begin October 1), and the Agreement shall terminate on September 30, 2021 (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 Contractor. As such, the parties acknowledge that this is not intended to be a “multi-year” contract under O.C.G.A. § 36- 60-13(a). Provided that no damages are due to City for Contractor’s breach of this Agreement, City shall pay Contractor 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 $36,000.00 (the “Maximum Contract Price”), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee of $33,018.00, based upon: $800 for the month of September 2020 and $2,194/month for the months October 2020 through September 2021, plus two loads (375 bales each load) of pine straw for the Public Safety Center at a cost of $2,810/load, plus two loads of pine nuggets (5 bags each load) at a cost of $35.00/load, plus two visits for brush management at $500/visit. The City has budgeted an additional $2,982.00 for additional services that may be requested. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractors profession and industry, Contractor will give written notice immediately to City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and reimbursement for costs incurred shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis. Section 6. Covenants of Contractor. A. Licenses, Certification and Permits. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B.Expertise of Contractor; City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards. C.Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D.Contractor’s Representative; Meetings. ______________________ [INSERT NAME] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E.Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F.Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers James Crockett 3 (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G.Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of Contractors, 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 Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. H.Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor’s Work and that the City and its officials, employees or agents are named as additional insureds. 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)Contractor 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 Contractor’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)Contractor 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. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided 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, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as 4 Exhibit “D”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee-number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J.Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Contractor 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. Contractor 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-Contractor under a contract to the prime Contractor or higher tier sub-Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. K.Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. L.Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M.Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor (“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 Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N.Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. x 5 O.Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Contractor agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. 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 Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C.Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only 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. Contractor represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the 6 intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Ed Castro Landscape, In Signature: 4950::" Print Name: EPN/4-" 04AM0 Title: CIRCLE ONE] jsiden Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name:jZtf�� Title: zle 66 (&!,C- (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] 7 EXHIBIT “A” * Notwithstanding anything to the contrary in the attached proposal, services will begin on 9/1/2020 for Public Safety Center only. Other locations listed in proposal are effective as of 10/1/20. ** The “Terms and Conditions” section of Contractor’s proposal has been intentionally omitted as superseded by this Agreement. JAMES CROCKETT [08/6/2020] 770-891-3312 “Service through sharing knowledge and passion” LLaannddssccaappee MMaaiinntteennaannccee PPaarrttnneerrsshhiipp AAggrreeeemmeenntt CLIENT NAME : City of Milton Fire Stations and Public Safety Center ADDRESS: 13690 GA-9, Alpharetta, GA 30004 Start Date: 09/01/2020 Monthly Yearly Fire Station #41 $475.00 $5,700 Fire Station #42 $305.00 $3,660 Fire Station #43 $614.00 $7,368 Public Safety Center $800.00 $9,600 Pine Straw for Public Safety (375 bales @ $2810.00 Per turn X 2) 5 Bags of Pine Nuggets $35.00 X 2 Brush Management X2 a year @ $500.00 Per Occurence Turf Maintenance, tree and shrub care, Turf care included. 32 visits Fire Station Contract remain the same with no increase. Visit schedule for Public Safety will follow the Fire Station schedule James Crockett Date: 08/6/2020 Ed Castro Landscape Approved by: ___________________ Date:________ LANDSCAPE MAINTENANCE SPECIFICATIONS I. TURF AND BED MAINTENANCE 1. Mowing of all turf areas will be completed weekly during the peak growing season. During the remainder of the year, mowing will be completed as needed to maintain a neat and clean appearance. Any clippings, as a result of, mowing or trimming shall be removed from paved areas during each service visit. Turf areas are those locations, which require weekly maintenance during the growing season. 2. All turf areas not accessible by mowing equipment shall be trimmed weekly using string trimmers to coincide with mowing. (Ed Castro Landscape is not responsible for damage to improperly secured or mounted lines or wires or fencing in areas requiring weekly trimming) 3. All turf hard line edges and bed line edges, such as sidewalks and curbs shall be metal blade edged bi- weekly during the growing season and as needed thereafter. Ed Castro Landscape cannot be responsible for shallow buried phone, cable, internet or invisible dog fence lines. 4. Bermuda and Zoysia turf grasses shall be mowed to a height of 1-3 inches as conditions dictate. Tall fescue turf grasses shall be mowed at 3-4 inches during each mowing of turf. 5. Scalp mowing shall be conducted on all warm season turf areas in early spring to remove dormant grass. Extra precaution shall be taken during the mowing season to prevent scalping of uneven high spots or berms. Particular care shall be exercised to prevent scalp damage due to sharp turning, starting and stopping on sod. Ed Castro Landscape cannot be responsible for shallow buried phone, cable, internet or invisible dog fence lines. 6. All plant beds shall be kept defined to project a clear definition between turf and shrub bed or tree well areas. 7. Turf fertilization shall be conducted during the growing season utilizing proper formulations and rates of Fertilizer specified according to soil analysis in order to maintain healthy vigorous turf. 8. Pre-emergence herbicide applications shall be made to warm season turf to prevent turf weed Infestation in turf areas. Pre-emergence herbicide applications shall for cool season turf to Prevent turf weed infestation in turf areas. 9. Post emergence herbicides shall be applied to all turf locations during the growing season to control any weed escapes. Applications shall not be made during stressful environmental turf growing conditions. 10. Insecticides can be applied as needed on turf areas to control non-beneficial insect pests. Blanket applications of insecticides for outbreaks such as Japanese beetles, Oak worms, and Army worms, etc., will require additional cost to be agreed upon prior to service. 11. Disease analysis and the application of effective fungicides to suppress any harmful fungus can be made as Necessary to all turf areas. Severe disease problems may require several sequential treatments and an additional charge will be required. 12. Blowing of all clippings and debris from sidewalks, walkways, curbs, tennis courts, recreational areas and parking lots shall be conducted during each weekly visit. All debris collected on site shall be removed and recycled into wood waste products. II. TREE, SHRUB, AND GROUNDCOVER MAINTENANCE 1. Pruning of all ornamental shrubs (up to 12’ in height) and ground covers and the removal of any dead branches shall be conducted at least four times per year or as required to insure a neatly shaped appearance. The frequency and configuration of pruning shall depend upon horticultural standards for all the shrub species. Pocket pruning and/or structure pruning may be performed once a year during the dormant months to maintain plant material in an aesthetically pleasing appearance and within its boundaries for up to 1/3 of the plant material on site. These additional fees will be agreed upon prior to pruning. 2. All pruning debris shall be removed immediately following the completion of any pruning operations. 3. Partially dead shrubs shall be pruned to remove deadwood portions. 4. Perennials such as Daylilies and Liriope shall be cut back in the winter. The removal of any spent blooms, flower stalks and drying foliage shall be performed as needed. 5. Ornamental groundcovers such as English Ivy shall be pruned to maintain these plants within their boundaries. 6. Metal blade edging of all shrub bed or tree well edges shall be performed once monthly. 7. Applications of insecticides (less than 12’) can be applied to all shrub areas as needed for control of mites and emerging non-beneficial insects. These additional application costs will be agreed upon prior to application. 8. Disease analysis and the application of effective fungicides to control any observed fungi diseases in ornamental trees and shrubs shall be made in a timely manner. These additional fees will be agreed upon prior to application. 9. All small ornamental trees (less than 12’) shall be trimmed to encourage good growth habits. This shall include the removal of all water sprouts, suckers, deformed growth and dead branches. All clippings and debris shall be removed from the property during the day of pruning. 10. All crape myrtles may be pruned once annually to remove crossing branches and create a more uniform shape. “Hat rack” pruning is highly discouraged due to horticultural implications. 11. All shade trees canopies shall be pruned annually as necessary so that no branches/limbs will overhang on sidewalks and parking lot areas lower than 10 feet from the ground. Lower branching on all trees shall be pruned as necessary to keep trees elevated to a uniform height. Maximum height for this pruning shall be no more than 12 feet. Branches or limbs with a caliper diameter greater 4 inches will require an additional cost to be pruned. 12. Broken or fallen tree branches shall be removed from the property during each weekly visit. 13. Fallen leaves shall be removed weekly from the property during late autumn and early winter (October – December). All debris collected on site shall be removed and recycled into wood waste products. III. GENERAL SITE MAINTENANCE 1.Trash and debris shall be removed from landscape areas during each service visit prior to mowing turf areas. 2.Post emergent herbicides shall be applied to parking lot areas, curbs and gutters, driveways, parkway and loading dock areas to control emerging pavement crack weeds. 3.All debris shall be disposed of offsite unless owner provides approved disposal area or trash receptacle. 4.In the event of any severe weather event such as a major ice, snow, or windstorm such as a tornado, Ed Castro Landscape shall not be responsible for any cleanup operation within the scope of the agreed maintenance contract. Clean up services shall be provided for an additional cost per request. 5.Fire ant management will be performed weekly as needed. Typically, when a mound is spotted, insecticide will be applied and the following week after it has taken affect, the mound will be removed. IV.IRRIGATION 1.Spring startup cost is not included in base maintenance billing. Startup includes system visual inspection of meter and backflow as well as each zone of the system. A report will be provided itemizing necessary repairs to return system to proper functionality as well as suggestions for coverage and efficiency. Additional fees for parts and labor will be applied. 2.Shut down cost is not included in base maintenance billing. The system will be gravity drained by opening the lowest valve in the system and bleeding water from piping. Meters and backflows will be bled and turned off in proper sequence to avoid winter issues with pressurized systems. 3.Any repairs to damage will be proposed and bid separately. Optional Landscape Maintenance Specifications 1. Mulching- supplying and distributing pine straw or bark to all bed areas as necessary and is not included in contract. Mulch shall be spread in a uniform layer over area, and established ground cover shall not be buried so that growth would be prevented. Scheduling of mulching is dependent on the customer’s preference a frequency. 2. Fescue Overseeding: All fescue lawns need to be over seeded in the fall every year. Timing and technique are critical to good germination of seed and successful new stands of grass. Please note that over seeding may not correct severe erosion or bare areas. This will need to be corrected through renovation, which is a non- contract item. We will suggest corrective action and its cost. No work will be done without customer approval. ADDITIONAL OPTIONAL CONTRACT SERVICE ITEMS 1. Landscape Installation 2. Seasonal Color 3. Irrigation Install and Maintenance 4.Storm Clean Up 5. Bush Hogging 6. Hardscapes 7. Vegetation Control i.e. retention and detention ponds 8. Landscape Design EXHIBIT “B” INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Selective Insurance Co of America Technology Insurance Company 8/17/2020 McGriff Insurance Services 12725 Morris Road Extension Building 100 Suite 200 Alpharetta, GA 30004 770 274-2910 770-754-4570 Ed Castro Landscape Inc. Venn Land & Creek LLC 1125 Old Ellis Road Roswell, GA 30076-3820 12572 42376 A X X X PD Ded:1,000 X X X X S2174014 07/17/2020 07/17/2021 1,000,000 500,000 15,000 1,000,000 2,000,000 2,000,000 A X X X X X S2174014 07/17/2020 07/17/2021 1,000,000 A X X X 0 S2174014 07/17/2020 07/17/2021 5,000,000 5,000,000 B Y X TWC3882512 07/01/2020 07/01/2021 X 1,000,000 1,000,000 1,000,000 A Equipment S2174014 07/17/2020 07/17/2021 $50,000 Leased/Rented ** Workers Comp Information ** Other States Coverage Proprietors/Partners/Executive Officers/Members Excluded: Ed Castro, CEO (See Attached Descriptions) City of Milton 2006 Heritage Walk Milton, GA 30004 1 of 2 #S26341197/M26167055 593EDCASClient#: 2084614 PCHAP 1 of 2 #S26341197/M26167055 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) ** Supplemental Name ** First Supplemental Name applies to all policies - Ed Castro Landscape Inc. Policy# S2174014 - : Venn Land & Creek LLC Landscaping Services: Fire Stations and Public Safely Complex. Certificate holder is included as additional insured as respects General Liability, Auto Liability, and Umbrella Liability as per written contract subject to policy terms, conditions, limits and exclusions. 2 of 2 #S26341197/M26167055 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non-Contributory Provision Page 8 Blanket Additional Insureds - As Required By Contract Page 5 Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees and Receivers Any Other person or organization other than a joint venture Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightningor Explosion)Page 3 Electronic Data Liability ($100,000)Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer’s Liability Exclusion Amended (Not applicable in New York)Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page8 Mental Anguish Amendment (Not applicable to New York)Page 9 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet)Page 3 Not-for-profit Members - as additional insureds Page 5 Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York)Page 8 Products Amendment (Medical Payments)Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000)Page 4 Two or More Coverage Parts or Policies Issued By Us Page 8 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation)Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 9 Ed Castro Landscape Inc. S2174014 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 9 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss,coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES - Amendments SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer’s Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e.Employer’s Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any “temporary worker”. Non-Owned Aircraft, Auto or Watercraft A.Paragraph (2)of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entirety and replaced with the following: (2)A watercraft you do not own that is: (a)Less than 26 feet long and not being used to carry persons or property for a charge; or (b)At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B.The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion doesnot apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n.do not apply to damage by fire, lightningor explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 9 B. Paragraph 6.under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced withthe following: 6.Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of “property damage” to any one premises, while rented to you, orin the case of damage caused by fire, lightningor explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightningor explosionproximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of thethree, is the amount shown inthe Declara- tions for the Damage To Premises Rented To You Limit. C. Paragraph a.of Definition 9. “Insured contract” under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises thatindemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”; Electronic Data Liability A.Exclusion p.Access or Disclosure Of Confidential Or Personal Information And Data-related Liability under COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: p.Access or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)Any access to or disclosure of any person’s or organization’sconfidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2)The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1)or (2) above. B.The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for “property damage” because of all loss of “electronic data” arising out of any one “occurrence” is a sub-limit of $100,000. SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deletedin its entirety and replaced with the following: a.Any Insured To any insured. This exclusion does not apply to: (1) “Not-for-profit members”; (2)“Golfing facility” members who are not paid a fee, salary, or other compensation;or (3) “Volunteer workers”. This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products-Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f.Products-Completed Operations Hazard Included within the “products-completed operations hazard”. This exclusiondoes not apply to “your products” sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this CoveragePart. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: b.Up to $5,000 forcost of bail bonds required because ofaccidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 9 B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II - WHO IS AN INSURED - Amendments Not-for-Profit Organization Members The following paragraph is added to SECTION II - WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not- for-profit organization,the following are included as additional insureds: 1.Your officials; 2.Your trustees; 3.Your members; 4.Your board members; 5.Your commission members; 6.Your agency members; 7.Your insurance managers; 8.Your elective or appointed officers; and 9.Your “not-for-profit members”. However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A.Subparagraph 2.a.(1)(a)under SECTION II - WHO IS AN INSURED does not apply to “bodily injury” to a“temporary worker” caused by a co-“employee” who is not a “temporary worker”. B.Subparagraph 2.a.(2)under SECTION II - WHO IS AN INSURED does not apply to “property damage” tothe property of a “temporary worker” or “volunteer worker” caused by a co-“employee” who is not a “temporary worker” or “volunteer worker”. C.Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED does not applyto “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-“employee”. With respect to this provisiononly, Subparagraph (1) of Exclusion 2. e. Employer’s Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a.under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision isafforded only untilthe 180th day after you acquire or form the organizationor the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formedthe organization. B. The following paragraph is added to SECTION II - WHO IS AN INSURED,Paragraph 3: If you are engaged in the business of con- struction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to “your work” only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations,is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds - As Required By Contract Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: A. Owners, Lessees or Contractors/Architects, Engineers and Surveyors 1.Any person or organization for whomyou are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 9 2.Any other person or organization, including any architects, engineers or surveyors not engaged by you,whom you are required to add as an additional insured under your policyin the contract or agreement in Paragraph 1. above: Suchperson or organization is an additional insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: a.Your acts or omissions; or b.The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insuredin Paragraph 1., above. However, this insurance does not apply to: “Bodily injury”,“property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; and b.Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as aconstruction contractor. A person or organization’s status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.Other Additional Insureds Any of the followingpersons or organizations with whom youhave agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: 1.Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for “bodily injury”,“property damage” or “per- sonal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. 2. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any “occur- rence” which takes place after you cease to be a tenant ofthat premises. 3. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any “occurrence” which takes place after the mortgage is satisfied, or the assignment or receivership ends. 4. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. 5.State or Governmental Agency or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: a.Operations performedby you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or b.The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 6 of 9 (1)The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (2)The construction, erection or removalof elevators; or (3)The ownership, maintenance or useof anyelevators covered by this insurance. This insurance does not apply to: (a)“Bodily injury”or “property damage” arising out of operations performed for the federal government, state or municipality; or (b)“Bodily injury” or “property damage” included within the “products- completed operations hazard”. With respect to Paragraphs 2. through 4., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. The provisions of this coverage extension do not apply unless the written contract or written agreement has beensigned by the Named Insuredor written permit issued prior to the “bodily injury” or “property damage” or “personal and advertising injury”. Broad Form Vendors Coverage Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business. However, the insurance afforded the vendor does not apply to: a.“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f.Products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has beensigned by the Named Insuredprior to the “bodily injury” or “property damage”. Incidental Malpractice Subparagraph 2.a.(1)(d)under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d)Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are notin the business or occupation of providing any such professional services. This also does not apply to “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-“employee”. This provision does not apply ifyou are aSocial Service or Senior Living risk. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraphdo not apply until after the “occurrence” or offense is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 7 of 9 3.An “executive officer” or insurance manager, if you are a corporation; 4.Your members, managers or insurance manager, if you are a limited liability company; or 5.Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insur- ance, b.ExcessInsurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1)The additional insured is a Named Insured under such other insurance;and (2)You have agreed in a written contract, written agreement orwritten permit that this insurance would be primary and would not seek contribution from any other insuranceavailable to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failureto disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for “bodily injury” or “property damage” arising out of your ongoing operations or “your work” done under a written contract or written agreement and included in the “products-completed operations hazard”, if: 1.You have agreed to waive any right of recovery against that person or organization ina written contract or written agreement; 2. Such person or organization isan additional insured on your policy; or 3.You have assumed the liability of that person or organization in that same contract, and it is an “insured contract”. The section above only applies to that person or organization identified above, and only if the “bodily injury” or “property damage” occurs subsequent to the execution of the written contract or written agreement. Liberalization The following condition is added to SECTION IV - COMMERCIALGENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us,do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or “suit” give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coveragepart is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A.The following is added to Definition 14. “Personal and advertising injury”: “Personal and advertising injury” also means “discrimination” that results in injury to the feelings or reputation of a natural person, however only if such “discrimination” or humiliation is: 1.Not done by or at the direction of: a.The insured; or Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 8 of 9 b.Anyone considered an insured under SECTION II - WHO IS AN INSURED; 2.Not done intentionally to cause harm to another person. 3.Not directly or indirectly related to the em- ployment, prospective employment or termi- nation of employment of any person or persons by any insured. 4. Not arising out of any “advertisement” by the insured. B.The following definition is added to SECTION V - DEFINITIONS: “Discrimination” means: a.Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b.Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person’s race, religion, gender, sexual orientation, age, disability or physical impairment; or c.Any act or conduct characterized or interpreted as discrimination by a person based on that person’s race, religion, gender, sexual orienta- tion, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harass- ment, or intimidation or harassment based on a person’s gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS: “Electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software,including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, dataprocessing devicesor any other media which are usedwith electronically controlled equipment.For the purpose of theElectronic Data Liability coverage provided by this endorsement, Definition 17. “Property damage” is deleted in its entirety andreplaced by the following: 17.“Property damage” means: a.Physical injury to tangible property, including all resultingloss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it;or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate “electronic data”, resulting from physical injury to tangible property.All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For the purpose of the Electronic Data Liabilitycoverage provided by this endorsement,“electronic data” is not tangible property. Employee Amendment Definition 5. “Employee” under SECTION V - DEFINI- TIONS is deleted in its entirety and replaced by the following: 5.“Employee” includes a “leased worker”, or a “temporary worker”. If you are a School, “Employee” also includes a student teacher. Golfing Facility The following definition is added to SECTION V - DEFINITIONS: “Golfing facility” means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York). Definition 3. “Bodily injury” under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: 3.“Bodily injury” means bodily injury,sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be “bodily injury”). Not-for-profit Member The following definition is added to SECTION V - DEFINITIONS: “Not-for-profit member” means a person who is a member of a not-for-profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 9 of 9 This page has been left blank intentionally. ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 11 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY COVER- AGE A. If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applica- ble accordingly: NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS The following is added to SECTION II, A.1. - Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organi- zation. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply to “bodily injury” or “property damage” resulting from an “accident” that occurred before you acquired or formed the organization. No person or organization is an “insured” with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following: (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (in- cluding bonds for related traffic law violations) required because of an “accident” covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. EMPLOYEE INDEMNIFICATION AND EMPLOY- ER’S LIABILITY AMENDMENT The following is added to SECTION II, B.4. - Exclusions: This exclusion does not apply to a “volunteer work- er” who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.5. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION II, B.6. - Exclusions: This exclusion does not apply to property owned by anyone other than an “insured”, subject to the follow- ing: 1. The most we will pay under this exception for any one “accident” is the Limit of Insurance stat- ed in the ElitePac Schedule; and 2. A per “accident” deductible as stated in the ElitePac Schedule applies to this exception. B. If this policy provides Auto Liability coverage for Owned Autos or Non-Owned Autos, the following extension is applicable accordingly: LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.1. - Who Is An Insured: If you are a limited liability company, your members and managers are “insureds” while using a covered “auto” you don’t own, hire or borrow during the course of their duties for you. BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION II, A.1. - Who Is An Insured: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 Ed Castro Landscape Inc. S2174014 Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional “insured” on your policy. Such person or organization is an additional “insured” only with respect to liability for “bodily injury” or “property damage” caused, in whole or in part, by your owner- ship, maintenance or use of a covered “auto”. This coverage shall be primary and non-contributory with respect to the additional “insured”. This provision only applies if: 1. It is required in the written contract, written agreement or written permit identified in this sec- tion; 2. It is permitted by law; and 3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the “bodily injury” or “property damage”. C. If this policy provides Auto Liability coverage for Non- Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non-Owned Autos, the following is added to SECTION II, A.1. - Who Is An Insured: Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. An “employee” of yours is an “insured” while operat- ing an “auto” hired or rented under a contract or agreement in that “employee’s” name with your per- mission, while performing duties related to the con- duct of your business. AMENDMENTS TO SECTION III - PHYSICAL DAMAGE COVERAGE If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those “autos” for which Comprehen- sive, Specified Causes of Loss or Collision coverage is purchased: TOWING AND LABOR SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered “Private Passen- ger Auto”, “Social Service Van or Bus” or “Light Truck” is disabled and up to the maximum Limit of Insurance per tow each time a covered “Medium Truck”, “Heavy Truck” or “Extra Heavy Truck” is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SEC- TION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any “loss” to a cov- ered “auto”, but only if the covered “auto” carries the coverages and meets the requirements described in 1. or 2. below: 1. We will pay temporary transportation expenses for total theft of a covered “auto”. We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is re- turned to use or we pay for its “loss”. 2. For “loss” other than total theft of a covered “auto” under Comprehensive or Specified Causes of Loss Coverage, or for any “loss” under Collision Coverage to a covered “auto”, we will only pay for those tem- porary transportation expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser of the number of days reasonably required to repair or replace the covered “auto” or 30 days. Paragraph 2. of this extension does not apply while there are spare or reserve “autos” available to you for your operations. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: Physical Damage coverage is hereby extended to apply to Physical Damage “loss” to “autos” leased, hired, rent- ed or borrowed without a driver. We will provide cover- age equal to the broadest coverage available to any covered “auto” shown in the Declarations. But, the most we will pay for “loss” to each “auto” under this coverage extension is the lesser of: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 1. The Limit of Insurance stated in the ElitePac Sched- ule; or 2. The actual cash value of the damaged or stolen property as of the time of the “loss”; or 3. The actual cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre- accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed “auto” our obligation to pay “losses” will be reduced by a deductible equal to the highest deductible applicable to any owned “auto” for that coverage. No deductible will be applied to “losses” caused by fire or lightning. SECTION IV, B.5. Other Insurance Condition, Para- graph 5.b. is deleted in its entirety and replaced by the following: For Hired Auto Physical Damage Coverage, the follow- ing are deemed to be covered “autos’” you own: 1. Any covered “auto” you lease, hire, rent, or borrow; and 2. Any covered “auto” hired or rented by your “em- ployee” under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsi- ble to pay up to the Limit of Insurance shown on the ElitePac Schedule per “accident” for loss of use of a leased, hired, rented or borrowed “auto” if it results from an “accident”. This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOAN/LEASE GAP COVERAGE (Not Applica- ble in New York) The following is added to SECTION III, A.4. - Coverage Extensions: In the event of a total “loss” to a covered “auto” we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1. The amount paid under the Physical Damage Cover- age Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of “loss”; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e. Carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the “loss” for the covered “auto”. PERSONAL EFFECTS The following is added to SECTION III, A.4. - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered “auto” you own and that covered “auto” is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deducti- ble, for lost personal effects that were in the covered “auto” at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following is added to SECTION III, B.3.a. - Exclu- sions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELEC- TRONIC EQUIPMENT COVERAGE SECTION III, B.4. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. “Telematic devices”; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 a. Permanently installed in or upon the covered “auto” at the time of the “loss”; b. Removable from a housing unit that is perma- nently installed in the covered “auto” at the time of the “loss”; c. Designed to be solely operated by use of power from the “auto’s” electrical system; or d. Designed to be used solely in or upon the covered “auto”. For each covered “loss” to such equipment, a deductible of $50 shall apply, unless the deductible otherwise appli- cable to such equipment is less than $50, at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRAC KING DEVICE The following is added to SECTION III, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any “loss” caused by theft if the covered “auto” is equipped with a location tracking device and that device was the sole method used to recover the “auto”. PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following: The most we will pay for a “loss” in any one “accident” is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the “loss”; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting “accident” claim, “suit” or “loss” information to us, including provisions related to the subsequent investigation of such “acci- dent”, claim, “suit” or “loss” do not apply until the “accident”, claim, “suit” or “loss” is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the “loss”. WAIVER OF SUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” resulting from the ownership, maintenance or use of a covered “auto” but only when you have assumed liability for such “bodily injury” or “property damage” in an “insured con- tract”. In all other circumstances, if a person or organiza- tion to or for whom we make payment under this Cover- age Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a “loss” from one event involves two or more covered “autos” and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Conceal- ment, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the incep- tion date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following: Under this Coverage Form, we cover “accidents” and “losses” occurring: a. During the policy period shown in the Declarations; and b. Within the “Coverage Territory”. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 We also cover “loss” to or “accidents” involving a cov- ered “auto” while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us: If a “loss” covered under this Coverage Form also in- volves a “loss” to other property resulting from the same “accident” that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. AMENDMENTS TO SECTION V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following: “Bodily injury” means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. “Bodily injury” includes mental anguish resulting from bodily injury, sickness or disease sus- tained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY “Coverage Territory” means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered “auto” is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured’s responsibility to pay “dam- ages” is determined in a “suit” on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the “insured” in a “suit” brought in a location described in Paragraph 2. above, the insured will conduct a defense of that “suit”. We will reimburse the “insured” for the rea- sonable and necessary expenses incurred for the de- fense of any such “suit” seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. EXTRA HEAVY TRUCK “Extra Heavy Truck” means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK “Heavy Truck” means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK “Light Truck” means a truck with a gross vehicle weight rating of 10,000 pounds or less. MEDIUM TRUCK “Medium Truck” means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds. PRIVATE PASSENGER AUTO “Private Passenger Auto” means a four-wheel “auto” of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a “private passenger auto”. SOCIAL SERVICE VAN OR BUS “Social Service Van or Bus” means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients inci- dental to the social services sponsored by the organiza- tion, including special trips and outings. TELEMATIC DEVICE “Telematic Device” includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This in- cludes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile com- munications technology in automotive navigation sys- tems. VOLUNTEER WORKER “Volunteer worker” means a person who performs busi- ness duties for you, for no financial or other compensa- tion. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 This page has been left blank intentionally. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Technology Insurance Company, Inc. WC 00 03 13 (Ed. 04-84) Ed Castro Landscape Inc. TWC388251207/01/2020 This page has been left blank intentionally. EXHIBIT "C" STATE OF 6eo r la 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: ,2198(0'7 Federal Work Authorization User Identification Number O`7 /02/2-009 Date of Authorization Ed Castro Landscape, Inc. Name of Contractor Landscape Maintenance Services — Milton Fire Stations and Public Safety Complex 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 /4- Z a , 207-Oin Ro (city) (state). Lure of Authorizedfficer or Agent Ju, ", 'kepi Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2 lam' DAY OF �OCfobjr 202-0. —P1Lt�G� iS1�tiV ��\li 111 1111// NOTARY PUBLIC' JAr O.• •� ` �V • •, y [NOTARY SEAL�:�'� ��,�� TdP X + r •� � •O r My Commission Expires: ! a- ! rn - -a C) a 3 .'Ips, �o�s�.w•••,�` `��� 00 V16 e% 1/If11110 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 Ed Castro Landscape, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Landscape Maintenance Services – Milton Fire Stations and Public Safety Complex 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: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Trail Agreement to December 2021 MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X To: Honorable Mayor and City Council Members From: Tom McKlveen, Manager of Parks and Recreation Date: Submitted on November 9, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Trail Agreement to December 2021 ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Amendment between the City of Milton and the Department of Natural Resources. Executive Summary: In 2017 a $200,000 grant was applied for and awarded to construct a ½ mile asphalt trail at Providence Park. This trail was to be built so the grade would not exceed 5% at any point. Due to the natural slopes at Providence Park, this created challenges during the trail design phase. This delayed the project nearly a year, pushing the project beyond the original contracted completion date of December 2020. The trail design is nearly complete and construction can now be completed in 2021. Funding and Fiscal Impact: If the Amendment is not approved, the City would not receive the grant funds for the trail. Alternatives: Search for additional grants or fund the trails through other sources . Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 6, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Amendment to Articles of Agreement #1 between The City of Milton and the Department of Natural Resources STATE OF GEORGIA AMENDMENT # 1 COUNTY OF FULTON AMENDMENT TO ARTICLES OF AGREEMENT THIS AMENDMENT to an Agreement for Project Grant No. NRT-18(16) dated the 29th day of October, in the year TWO THOUSAND EIGHTEEN (2018), made and entered into this ___4th__day of _November_, 2020, by and between the Department of Natural Resources (hereinafter DEPARTMENT), whose address is 2 Martin Luther King Jr. Dr., SE Suite 1370 Atlanta, GA 30334, acting for and on behalf of the State of Georgia, and the City of Milton, (hereinafter referred to as the GRANTEE), whose address is 2006 Heritage Walk, Milton, GA 30004. WITNESSETH: WHEREAS the purpose of the agreement between the parties was for 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 onto the proposed Nature Center; and WHEREAS, the DEPARTMENT allocated grant funds in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000) from the Georgia Recreational Trails Fund to assist the GRANTEE with the above project; and WHEREAS the GRANTEE’s project was delayed due to design and contracting issues; the planned eight week design period lasted almost 12 months and the resulting plan was unusable in the opinion of the city because it called for the removal of too many mature trees on the hillside leading to the reservoir. Within the extension time the Grantee plans to revise the trail design, receive new construction documents, bid out the project, construct and complete all aspects of the project as listed in the original project agreement, with a December 2021 completion of all work; and WHEREAS the GRANTEE has exceeded the originally proposed trail timeline and now requires time to implement contract and begin construction in order to complete the trail with the grant dollars; and Page 1 of 2 Page 2 of 2 WHEREAS the GRANTEE now requests to amend the AGREEMENT for the purpose of extending the grant period so that it will not terminate until December 31, 2021 and WHEREAS the DEPARTMENT finds the GRANTEE’s proposal to extend the grant period beneficial to the completion of the project scope; NOW, THEREFORE, in consideration of the premises, conditions and covenants set forth in the original AGREEMENT, the parties agree to amend said AGREEMENT as follows: 1) The GRANTEE shall have until December 31, 2021 to execute this agreement; and 2) The GRANTEE and DEPARTMENT mutually agree that all other terms and conditions of the original agreement and subsequent applicable amendments shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT, to be given effect as of the day and year first above written. GEORGIA DEPARTMENT OF NATURAL RESOURCES BY TAYLOR BROWN, CHIEF OF GRANTS WITNESS DATE MILTON, CITY OF, GEORGIA BY JOE LOCKWOOD, MAYOR CITY OF MILTON WITNESS DATE (Seal) CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Restroom Agreement to September 30, 2021 MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on November 10, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Approval of an Amendment between the City of Milton and the Department of Natural Resources to Extend the Completion Date of the Providence Park Restroom Agreement to September 30, 2021 ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Amendment between the City of Milton and the Department of Natural Resources. Executive Summary: In 2018 a $100,000 grant was applied for and awarded by the Department of Natural Resources to construct a permanent restroom building at Providence Park. The restroom was included as part of the Providence Park Master Plan from 2018. During the initial stages of the planning, the restroom location was required to move causing a slight delay. Then, months later, the City was awarded an additional grant for construction of a fishing pier at the lake. It was more cost effective to bid the design phase of both projects together, pushing the restroom project behind schedule. Funding and Fiscal Impact: If the Amendment is not approved, the City would not receive the grant funds for the restrooms. Alternatives: Find alternative sources, such as other grants, to fund the restrooms outlined in the Master Plan . Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 10, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Amendment to Project Agreement between The City of Milton and the Department of Natural Resources ..266 GEORGIA DEPARTMENT OF NATURAL RESOURCES MARK WILLIAMS, COMMISSIONER November 10, 2020 Mr. Tom McKlveen City of Milton 2006 Heritage Walk Milton, Georgia 30004 RE: Land and Water Conservation Fund Grant Project Name: Providence Park Project Number: 13-00982 Dear Mr. McKlveen: This letter is in response to the City's request for an extension of the Land and Water Conservation Fund grant project number 13-00982. The extension request is based upon project delays related to the need to relocate the restroom facility and minor delays related to COVID-19. Based on the request and the revised timeline for the project, we are granting the City a 9 -month extension. We expect the City to work diligently to complete the grant within the additional time. The additional time will allow for the closeout process. However, if the project is completed prior to September 30, 2021, we request that you submit the final paperwork ahead of schedule. If the project is not completed within the additional time, we will need to involve the National Park Service to determine the next steps. Attached is a copy of the amendment to extend the project period to September 30, 2021. Please obtain the appropriate signature and return a copy to our office. A fully executed copy will be returned to you. If you have any questions, do not hesitate to call me at 404.463.8629. Sincerely, Antoinette Nortleet Grants Program Manager Enclosure 2 MARTIN LUTIIiaz KING Ja. D2ivI, SurrI.1352 NVLANTA, GI�:ORGIA 30334 404.463.8629 1 WWW.GADNR.ORG/I.WCF STATE OF GEORGIA Applicant: City of Milton DEPARTMENT OF NATURAL RESOURCES Project Amendment No.: 13-00982.1 (P18AP00626) AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT TO Project Agreement No 13-00982 is hereby made and agreed upon by the State of Georgia, acting through the Commissioner of the Department of Natural Resourc es and by the City of Milton. The Applicant and the State of Georgia, Department of Natural Resources, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above-mentioned agreement is amended as follows: Amend Project expiration from December 31, 2020 to September 30, 2021. In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and eff ect. In witness whereof the parties hereto have executed this amendment as of the date entered below. DEPARTMENT OF NATURAL RESOURCES CITY OF MILTON By_________________________________ By (Signature) (Signature) TAYLOR BROWN JOE LOCKWOOD STATE LIAISON OFFICER (Name) ____________________________________ MAYOR (Date) (Title) CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and NCR Payment Solutions, LLC for Electronic Payment Processing Services that Integrates with JustFOIA and CivicRec MEETING DATE: Monday, November 16, 2020 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: __________ X November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 10, 2020 for the November 16, 2020 Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and NCR Payment Solutions, LLC for Electronic Payment Processing Services that Integrates with JustFOIA and CivicRec _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: NCR is a secure web-based electronic payment processing solution that fully integrates with our open records request software, JustFOIA, and our facility rental and park program registration software, CivicRec . With full integration, the payment invoicing and processing will flow seamlessly between the software systems and NCR. Funding and Fiscal Impact: The service fees for credit card processing are 2.45% with a minimum of $1.50. They will be charged directly to the customer. Alternatives: None. Legal Review: Sam VanVolkenburg, Jarrard & Davis (November 10, 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): NCR Merchant Application and Agreement Merchant Application & Agreement Merchant Name (DBA or Trade) Location Address Address 1: Address 2: City:State:Zip Code: DBA Phone Number: Company Website: Legal Name (if different) Tax ID: Address Address 1: Address 2: City:State:Zip Code: Name (to Appear on Cardholder Statement): Phone # (to Appear on Cardholder Statement if MO/TO): ISO/Agent ID# & Name:Sales Agent Name & ID# NOTICE: AGENTS MUST INCLUDE THEIR ID IN ORDER TO RECEIVE CREDIT FOR THE APPLICATION. Contact Information (Select any/all that apply. Owner1 will be used for those not selected.)Account Maintenance Statements PCI Chargebacks Name: E-mail:Phone:Fax: Address:City:State: Zip: Business Type: Individual/Sole Proprietor Corporation Private Non-Profit Partnership LLC (State____) Publicly Traded Government Average Ticket Amount $ Highest Ticket Amount $ Monthly AXP/VS/MC/DISC Network Volume $ #of Daily Transactions: #of Employees Does this location currently take AMERICAN EXPRESS™/VISA®/MASTERCARD®/DISCOVER Network®? Yes No Reason for leaving? Has the Merchant/Owner ever been terminated from accepting cards for any business?Yes No If Yes, please explain? #Years in Business: Has Merchant or Owners/Principals ever filed bankruptcy?Yes No Business Bankruptcy If yes, please provide explanation: Owner/Officer Information: Owner 1 Name: Title: Address Line 1: Address Line 2: City:State Zip Country Home Phone:Cell:Fax: E-mail Address: US Citizen:Yes No Owner 2 Name: Title: Address Line 1: Address Line 2: City State Zip Country Home Phone:Cell:Fax: E-mail Address: US Citizen:Yes No City:State Zip Country Home Phone:Cell:Fax: E-mail Address: American Express: EXISTING ACCOUNTS: If you currently accept AXP payments, and your AXP volume is more than $1MM annually, you must submit your existing AXP#. Please submit your current SE# and we will convey this to AMEX. Existing AXP SE#: __________________________ NEW ACCOUNTS: If you do not currently accept AXP payments, and your annual volume is less than $1MM, we will assign you an AXP# for this account so you can start accepting AXP payments. If you do not currently have an AXP#, and your annual volume is more than $1MM we will direct you to AXP for direct setup. In the event your volume exceeds more than $1MM annually, you may be moved directly to AXP. Opt out of AXP Offers and Promotions: If you do not wish to receive future offers or promotions of AXP products or services from AXP via offline or online means (such as traditional mail and telephone), please contact customer service with applicable law, for us to process your opt-out request email customer service at: assist@jetpay.com. Merchant has the right not to accept all Card Association card types. Some Point of Sales software and programs cannot prohibit the acceptance of specific types of payment cards; therefore, it is the merchant’s responsibility to enforce this. If you qualify, JetPay as processor, and not Merchant Bank, will settle American Express. Acquiring Bank Disclosure BMO Harris Bank N.A, 150 N. Martingale Rd, Ste 900 Schaumburg, IL 60173 847-240-6600 Processor DisclosureProcessor listed throughout this agreement will refer to the entity, JetPay Payment Services, TX, LLC, 3361 Boyington Dr. Ste. 180, Carrollton, TX. 75006. In combination with JetPay Payment Services, FL, LLC. JetPay is your Acquirer for Discover Network and American Express (OptBlue) card transactions. Member Bank (Acquirer) Responsibilities: 1.The Bank is the only entity approved to extend acceptance of Card Organization products directly to a Merchant. 2.The Bank must be a principal (signor) to the Merchant Agreement. 3.The Bank is responsible for educating merchants on pertinent Visa and MasterCard Rules with which Merchants must comply, and this information is also provided by Processor. 4.The Bank is responsible for and must provide settlement funds to the Merchant. 5.The Bank is responsible for all funds held in reserve. 1. Ensure Compliance with cardholder data security and storage requirements. 2. Maintain fraud and chargebacks below Card Organization thresholds. 3. Review and understand the terms of the Merchant Agreement. 4. Comply with Card Organization Rules. 5. Retain a signed copy of this disclosure page. Merchant Resources: Please visit https://www.jetpay.com/government-terms-and-conditions.pdf The responsibilities above do not replace the terms of the Merchant Agreement and are provided to ensure the Merchant understands important obligations of each party. Important Merchant Responsibilities Signature:Date: (First, Middle Inital, Last) Rev: 2.2.08272018-FL Page 1 (First, Middle Inital, Last) JetPay Payment Services, TX, LLC is a registered ISO/MSP of BMO Harris Bank N.A., Chicago, IL. WWW.JETPAY.COM Phone: 877-813-0199 Merchant Application & Agreement QIR Certification: Name: Number: Third Party Chargeback Service Company: Virtual Terminal: Gateway Name: Software Name: Main Deposit Account Bank Name 1: Account Name 1: Account Type 1: Routing #1: Account #1: Fee Account (if different than Main Deposit Account) Bank Name 2: Account Name 2: Account Type 2: Routing #2: Account #2: Banking Information: Disclaimer MERCHANT may select to participate in third party services that are not provided by BANK. MERCHANT agrees that BANK is not a party to any agreement for services that are provided by a third party and any such agreement is strictly between MERCHANT and the company providing the service. MERCHANT must be approved by each third party company and each company may send its terms and conditions to the address of MERCHANT indicated herein upon such approval. MERCHANT agrees to be bound by such company’s terms and conditions. Acknowledgments and Signature By executing this Merchant Application and Agreement (“Merchant Application”) on behalf of the merchant described above (the “Merchant”), the undersigned individual(s): (i) represent(s) and warrant(s) that all information contained in this Merchant Application is true, correct, and complete as of the date of this Merchant Application and any fines, losses, or penalties that arise due to in-accurate information will be assessed to the Merchant, and that such individual(s) have the requisite corporate power and authority to complete and submit this Merchant Application and provide the acknowledgments, authorizations, and agreements set forth below, both on behalf of the Merchant and individually; (ii) acknowledge(s) that the information contained in this Merchant Application is provided for the purpose of obtaining, pricing, and acceptance for processing or maintaining a merchant account with Processor and Bank on behalf of the Merchant; (iii) authorize Processor and Bank to investigate the credit of the Merchant and each person listed on this Merchant Application; and (iv) agree, on behalf of the Merchant and in the event this Merchant Application is accepted and executed by Bank and Processor, to all of the terms and conditions set forth in the Merchant Agreement (defined below), Schedules, Addenda, and Fees, as shown in Exhibit/Appendix/Schedule A as a separate attachment or fees listed in a separate agreement. The Merchant and undersigned individuals understand it is their responsibility to carefully review the terms and conditions of the merchant agreement provided and available at https://www.jetpay.com/government-terms-and-conditions.pdf (the “Merchant Agreement”), and the Card Associations Operating Rules, which are hereby incorporated by reference. By signing below, you acknowledge that you have read, understood and agree to those terms and conditions and that you agree to accept electronic notification of any changes to those terms and conditions as updated from time to time at the Processor WEB address for merchant terms listed above. If the merchant is a corporation, its proper Corporate Officers must sign. This Agreement may be signed by one or more counterparts and all signed agreements shall be considered as one, below and by signing below state they are valid signers for such corporation. Date: Date: Date: Merchant Owner 1 Signature of office/Owner: Merchant Owner 2 Signature of officer/Owner: Bank Signature and & title: Processor Signature and & title:Date: IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each beneficial owner who has 25% or more of ownership and all controlling person(s)of this entity. Rev: 2.2.08272018-FL Page 2 JetPay Payment Services, TX, LLC is a registered ISO/MSP of BMO Harris Bank N.A., Chicago, IL. WWW.JETPAY.COM Phone: 877-813-0199 Merchant Application & Agreement What type of service or product is being sold: NATURE OF BUSINESS: Merchant Type: Retail Restaurant MOTO Internet/Gateway Other: Sales Method: (by percent, total should = 100%) Retail Swipe %Internet %Mail Order % Phone % Mobile % When is the card charged? On Order On Shipment Other (please explain):Recurring Payments % When is the product or service delivered?Time of Sale 1-3 Days 4-5 Days 6-10 Days 11-15 Days 16+ Days Seasonal Sales? Yes No If yes, check all that apply: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Refund Policy: No Refund 30 Days or Less Exchange Other: Merchant PCI DSS Information No e-mail IS YOUR ORGANIZATION CURRENTLY PCI DSS COMPLIANT? Yes PCI Contact Name: If YES, Merchant MUST submit a current PCI DSS certificate in order to OPT OUT of Processor’s Compliance Program (not PCI Breach Insurance). Active PCI DSS compliance is required to obtain a merchant account. By participating in Processor’s PCI Compliance program, you will gain access to PCI DSS compliance documentation, assistance in completing tasks required to become complaint and gain PCI breach insurance policy coverage. Your coverage will begin on the first day of the month after signing this agreement. The above contact will be contacted with login information. Contact compliance@jetpay.com for additional information regarding the Processor's Compliance Program and PCI Breach Insurance. This provided name and email will be contacted with login credentials. Card Brands to Accept : VISA MC DISC PIN DEBIT AMEX Rev: 2.2.08272018-FL Page 3 JetPay Payment Services, TX, LLC is a registered ISO/MSP of BMO Harris Bank N.A., Chicago, IL. WWW.JETPAY.COM Phone: 877-813-0199 Schedule A City of Milton GA – JustFOIA/CivicRec Boarding Set Up 1.CIS SYSTEM UTILIZED:JustFOIA,and CivicRec 2.WEB MODULE UTILIZED:JustFOIA and CivicRec redirect 3.IVR SYSTEM UTILIZED:NA 4.POS SYSTEM UTILIZED:NCR/JustFOIA and CivicRec 5.POS DEVICES UTILIZED:Pax (number and model to be determined) 6.Merchant Category Code:9399 7.FEES: Set Up Fees $0.00 FIXED Recurring Fees (monthly/annual) $0.00 Payment Type Payment Method Minimum/ Payment Limit Fee / Per Transaction Fees Paid By JustFOIA (POS, & Web) Credit / Debit Cards $0.01 - $10,000.00 2.45% with a $1.50 minimum Payer JustFOIA (Web) eChecks $0.01 - $20,000.00 $1.00 Payer Parks & Rec (POS & Web) Credit / Debit Cards $0.01 - $10,000 2.45% with a $1.50 minimum Payer Parks & Rec (Web) eChecks $0.01 - $20,000.00 $1.00 Payer Miscellaneous Fees Options: EMV Swipe Readers – $300.00 ea. one-time cost Kiosk - To be determined based on model Miscellaneous Fees Charge-backs (credit cards) $10.00 Paid by CLIENT NSF Check Returns* $20.00 Paid by PAYER Signature/Title: Print Name/Title: Date: Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS.Print or type See Specific Instructions on page 2.Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Other (see instructions) ▶ Exemptions (see instructions): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Address (number, street, and apt. or suite no.) City, state, and ZIP code Requester’s name and address (optional) List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number –– Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) 11 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) Merchant Card Processing Terms and Conditions This agreement contains a limitation of liability and an arbitration clause. Thank you for selecting NCR Payment Solutions, LLC (“Processor”). These terms and conditions, along with the attached Addenda, if any, and your Merchant Application, will govern the legal relationship under which the Bank and Processor will provide the payment processing services described herein to you. 1. Definitions 1.1. “Acquirer” means Processor and/or Bank. Either Processor or Bank shall have the authority to exercise rights belonging to the “Acquirer” hereunder. 1.2. “Addendum” (and the plural, “Addenda”) means each Addendum attached hereto, if any, or any other Addendum otherwise executed or agreed to between the parties. 1.3. “Affiliate” means an entity of which a party is the majority owner, which is the majority owner of a party, or which is majority owned by the same entity as a party. 1.4. “Agreement” means these terms and conditions, along with any Addenda and the Merchant Application, as any of the same may be amended from time to time pursuant to these terms. 1.5. “American Express” means American Express Travel Related Services Company, Inc. or its successors or assigns. 1.6. “Applicable Law” means all applicable federal, state, and local laws, statutes, ordinances, case law, regulations, and regulatory guidance. 1.7. “Bank” means the acquiring bank identified in the Merchant Application, or such other acquiring bank(s) as Processor may contract with to provide sponsorship with the Payment Networks, as well as any successors and assigns of such acquiring bank(s). 1.8. “Card” means an account, or evidence of an account, authorized and established between a Cardholder and a Payment Network, or representatives or members of a Payment Network, that Merchant accepts from Cardholders as payment for a good or service. 1.9. “Card Information” means all information related to a Cardholder or Card obtained by Merchant in connection with a Transaction, including, without limitation, customer names, addresses, zip codes, card numbers, expiration dates, security codes, PIN numbers, credit limits, or account balances. 1.10. “Cardholder” means the person or entity to whom a Card is issued or who is authorized to use a Card. 1.11. “Chargeback” means the reversal of any Transaction pursuant to the Operating Rules for whatever reason. 1.12. “Data Compromise Event” means any event that results, or could result, directly or indirectly, in the unauthorized access or disclosure of Transaction information or Card Information. 1.13. “Discover” means Discover Financial Services, LLC or its successors or assigns. 1.14. “Guarantor” means each individual or entity who signed on the Guarantor signature line of the Merchant Application. 1.15. “Mastercard” means Mastercard International Incorporated or its successors or assigns. 1.16. “Merchant” or “you” means the legal entity identified in the Merchant Application. 1.17. “Merchant Application” means the application, including all schedules, exhibits, attachments, and addenda thereto, that Merchant completed and signed (including by electronic signature or otherwise electronically indicating acceptance of the terms) and which is subsequently accepted by Processor and Bank, whether evidenced by their execution of this Agreement or by the processing of presented Transactions. 1.18. “Operating Rules” means all rules, bylaws, programs, and regulations of the Payment Networks, as the same are amended from time to time. Operating Rules for Visa, Mastercard, and American Express are presently available online at usa.visa.com, www.mastercard.us, and https://icm.aexp- static.com/content/dam/gms/en_us/optblue/us-mog.pdf, respectively. 1.19. “Payment Network” means each of Visa, Mastercard, American Express, Discover, and any card network issuing credit or debit cards, and, for purposes of this Agreement, further includes the Payment Card Industry Security Standards Council. 1.20. “PCI DSS” means the Payment Card Industry Data Security Standards. 1.21. “Processing Fees” means the fees and charges set forth on the fee schedule that is part of the Merchant Application and this Agreement or any Addenda thereto, as modified or amended from time to time, whether by the Payment Networks or by Bank or Processor pursuant to this Agreement, including, without limitation, by messages included on any processing statement or merchant portal. 1.22. “Reserve Fund” means funds placed in a non-segregated and non- interest bearing account established by the Acquirer in accordance with this Agreement to ensure payment of all obligations or anticipated obligations hereunder, including, without limitation, refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks. 1.23. “Security Standards” means all rules, regulations, or standards adopted or required by the Payment Networks relating to data security and the protection of Card Information, including, without limitation, PCI DSS, Visa’s Cardholder Information Security Program and Payment Application Best Practices, Mastercard’s Site Data Protection Program and POS Terminal Security Program, American Express’s Data Security Operating Policy, Discover’s Information Security & Compliance Program, and any successor rules, regulations or standards, in each case, as any of the same may be amended from time to time. 1.24. “Services” means those services provided by Processor and/or Bank, whether directly or through its and/or their agents, Affiliates, designated representatives, or third-party vendors, necessary and required to facilitate the authorization, processing, and settling of Transactions. 1.25. “Settlement Account” means the account maintained by Merchant at a bank or depository institution acceptable to Processor and Bank for credits and debits related to Transactions, refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to 12 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) Processor, Bank, its and/or their Affiliates, or the Payment Networks. 1.26. “Transaction” means any interaction between a Cardholder and a Merchant in which a Cardholder uses a Card to purchase Merchant’s goods or services and which results in activity on the Cardholder’s account. 1.27. “Visa” means Visa Inc. or its successors or assigns. 2. Services 2.1. Subject to Applicable Law and the Operating Rules, Processor and/or Bank, whether directly or through its and/or their agents, Affiliates, designated representatives, or third-party vendors, will provide the Services to Merchant pursuant to the terms of this Agreement. Merchant agrees to abide by, and to use the Services in strict compliance with, Applicable Law, the Security Standards, and the Operating Rules. 2.2. Upon request, Processor may elect to provide Automated Clearing House (“ACH”) processing services to Merchant at the rates specified in the Merchant Application and under the terms set forth in this Agreement. To the extent Merchant uses such ACH processing services, it agrees to abide by the National Automated Clearing House Association (“NACHA”) rules and regulations, as the same may be amended from time to time. 3. Merchant Representations and Responsibilities 3.1. At the time of signing the Merchant Application, and each time Merchant submits a Transaction, Merchant agrees, represents, and warrants that: 3.1.1. The person signing the Merchant Application has full legal power and authority to enter into this Agreement; 3.1.2. Each statement made by Merchant on the Merchant Application is and, except as has been disclosed in writing to Processor, remains true; 3.1.3. The Transaction is legal and genuine and arises from a bona fide sale of goods or services by Merchant; except as otherwise permitted by the Operating Rules, the goods have been shipped or delivered and/or the services performed; and the Transaction represents a valid obligation for the amount submitted and does not involve the use of the Card for any other purpose; 3.1.4. The Transaction is not one that Merchant knows or should have known to be fraudulent, unauthorized, the product of collusion between the Cardholder and the Merchant, or that is otherwise unlawful or impermissible under this Agreement, Applicable Law or the Operating Rules. 3.1.5. All information and data provided by Merchant in connection with the Transaction is true, correct, and accurate; 3.1.6. Merchant has taken reasonable steps to ensure the validity of the Card and the identity of the Cardholder; 3.1.7. The Transaction is not subject to liens, encumbrances, disputes, set-off, or counterclaim; 3.1.8. The Transaction has not been previously submitted for processing (except as the same may be permitted under the Operating Rules); 3.1.9. Merchant has not disbursed or advanced any cash to the Cardholder in connection with the Transaction (except as the same may be permitted under the Operating Rules); 3.1.10. The Transaction is not a refinancing or transfer of an existing Cardholder obligation that is deemed to be uncollectible; 3.1.11. The Transaction does not arise from the dishonor of a Cardholder’s personal check; 3.1.12. Merchant has the legal right to sell the goods and services purchased by Cardholder via the Transaction; 3.1.13. Merchant has made no representation or agreement for the issuance of refunds except as stated in Merchant’s refund policy; and 3.1.14. Any Transaction submitted to Processor to credit a Cardholder’s account represents a refund for a Transaction previously submitted to Processor. Processor and/or Bank reserve the right to refuse to process any Transaction if there is reason to believe that it has been submitted in violation of this subsection. 3.2. Subject to Applicable Law, Merchant agrees to accept all categories of Visa and Mastercard Cards unless Merchant has notified Processor on the Merchant Application of its election to limit such acceptance. Any limitations on acceptance must comply with Applicable Law and the Operating Rules. Furthermore, Merchant shall not engage in any practice that discriminates against or discourages the use of any Card in favor of another Card. 3.3. Except to the extent permitted by both Applicable Law and the Operating Rules and as authorized in writing by Processor, Merchant shall not (i) apply an additional charge for accepting Cards as an alternative to other payment methods (referred to at times as a “surcharge”); or (ii) set minimum or maximum transaction amounts. 3.4. Merchant must prominently display and disclose to Cardholders at all times (i) the name of the Merchant; and (iii) Merchant’s physical address. 3.5. Merchant shall maintain a written refund policy and shall disclose such policy to Processor and all its customers (including customers making purchases online by displaying such policy on the website), which policy and disclosure shall be consistent with Applicable Law and the Operating Rules. The amount of any refund shall not exceed the original Transaction except to the extent a Merchant agrees to reimburse a Cardholder for return shipping. 3.6. Subject to Applicable Law, the Operating Rules, and the Security Standards, Merchant agrees to preserve receipts, credit vouchers, or other written evidence related to Transactions for not less than two (2) years following such Transaction and to provide such records to Processor and/or Bank upon request. 4. Term; Termination 4.1. This Agreement shall go into effect for a three (3) year term (the “Initial Term”) commencing on the date this Agreement is accepted by Processor and Bank, whether by signature or by the processing of presented Transactions. Thereafter, the Agreement will renew automatically for successive three (3) year periods (the “Renewal Term”) unless either party provides written notice of non-renewal to the other at least sixty (60) days prior to the expiration of the applicable term. If Merchant presents and Processor and Bank elects to process Transactions beyond the conclusion of the Initial Term or any Renewal Term, then the 13 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) terms of this Agreement will continue to govern such processing activity. 4.2. In addition to any other termination rights, Processor or Bank may terminate this Agreement or any Addendum immediately, or may suspend Services or decline to process particular Transactions, with or without notice, if (a) Merchant fails to strictly comply with any term of this Agreement; (b) Processor or Bank, in their sole discretion, determines that Merchant or any affiliated entity or individual is violating the Operating Rules or Applicable Law or is engaging in fraudulent or deceptive conduct or other conduct creating a risk of harm or loss to Processor, Bank, its and/or their Affiliates, or the Payment Networks; (c) Merchant, any guarantor, or any affiliated entity or individual becomes involved in voluntary or involuntary bankruptcy or insolvency proceedings; (d) Processor or the Bank deems Merchant to be financially insecure; (e) Merchant materially alters its business; (f) there is a material change in Merchant’s processing activity, either from historical processing activity or the activity projected in the Merchant Application; (g) Processor or Bank receive direction from any Payment Network to terminate this Agreement; or (h) Processor or Bank, in their discretion, determine that circumstances otherwise warrant immediate termination or suspension. Furthermore, Processor or Bank may terminate this Agreement at any time upon thirty (30) days’ written notice. 4.3. In addition to any other termination rights, Merchant may terminate this Agreement if Processor or Bank has failed to perform a material obligation in this Agreement and such failure has not been cured for thirty (30) days after Merchant notifies Processor or Bank in writing of such failure. 4.4. Except as expressly provided elsewhere in this Agreement, if this Agreement is terminated prior to the expiration of the then- current term, Merchant shall pay Processor a liquidated damages amount (the “Early Termination Fee”). The Early Termination Fee is an amount equal to the product of (a) the average monthly amount of fees and charges paid to Processor pursuant to this Agreement (excluding any fees or charges of the Payment Networks or other third parties passed through to Merchant pursuant to this Agreement) over the six-month period immediately preceding the termination, Merchant’s discontinuance of the use of the Services, or Merchant’s breach of Section 5, whichever is earliest; multiplied by (b) the number of months remaining in the then-current term. Merchant acknowledges and agrees that the Early Termination Fee is not a penalty, but rather is a reasonable estimate of the damages caused by such early termination, which amount would otherwise be difficult to calculate with precision. The Early Termination Fee is in addition to, and not in lieu of, any other damages or sums to which Processor or Bank may be entitled unrelated to the early termination of this Agreement. 4.5. All Merchant obligations with respect to Transactions processed under this Agreement shall survive any termination, including, without limitation, the obligation to pay refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks. 4.6. In addition to the foregoing termination rights, as required by O.C.G.A. § 36-60-13(a), to the extent the Initial Term or any Renewal Term of the Agreement extends across one calendar (Jan. 1 – Dec. 31) year, the Agreement shall terminate absolutely on December 31 each calendar year of the term, and shall automatically renew on January 1 of each subsequent calendar year for the remainder of the then-applicable Initial Term or Renewal Term, absent Merchant’s provision of written notice of non-renewal to Processor at least thirty (30) days prior to the end of the then-current calendar year. Title to any supplies, materials, equipment, or other personal property (if any should transfer) shall remain in Processor until fully paid for by Merchant. 5. During the Initial Term or any Renewal Term, Merchant shall not receive services, or enter into an agreement to receive services, from any other entity similar to those Services that Merchant has elected to receive from Processor for the Payment Types listed in Schedule A without Processor’s express written approval and consent. 6. Procedures for Transactions 6.1. As soon as reasonably practical after receipt of information regarding Transactions Merchant believes to be authorized by a Cardholder, Merchant shall submit such information to Processor for processing. Merchant understands that failure to submit such Transactions on a timely basis may (a) result in increased fees associated with the Transaction(s) (such as higher interchange fees), and Merchant agrees to pay any such fees if assessed; and/or (b) compromise Merchant’s ability to be paid for the Transaction(s). 6.2. Merchant shall not submit for processing: (a) any Transaction that does not involve Merchant, or that does not originate from an interaction between Merchant and a Cardholder intending to make a purchase from Merchant; (b) any Transaction for which Merchant does not receive an authorization code from Processor; or (c) any Transaction that results in a transaction outside of Merchant’s normal course of business as reflected on the Merchant Application. Processor and/or Bank reserve the right to refuse to process any Transaction if there is reason to believe that it has been submitted in violation of this subsection. 6.3. Acquirer may impose a cap, either per transaction or on an aggregate basis, on the dollar amount of the Transactions it will process for Merchant that aligns with the Merchant’s sales volume, as indicated on the Merchant Application. 7. Settlement 7.1. With respect to Transactions involving Cards not issued by American Express and Discover, Bank is solely responsible for providing settlement funds directly to Merchant as provided herein. Services related to Transactions involving Cards issued by American Express and Discover are provided by Processor, without the involvement of Bank. Accordingly, Bank is not responsible for, and shall have no liability with respect to, such Transactions. 7.2. Except as elsewhere provided herein, after receiving funds for approved Transactions from any Payment Network, Bank will provisionally fund Merchant’s Settlement Account, minus (a) refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks; and (b) any amounts authorized to be retained under Sections 21 or 22 of this Agreement. Failure to subtract such amounts does not relieve Merchant of liability or responsibility for the same, and Merchant agrees to pay all such amounts to Processor and/or Bank immediately upon receipt of invoice and without deduction or offset. 14 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) 7.3. Merchant must maintain a Settlement Account at a bank or depository institution acceptable to Processor and Bank for credits and debits related to Transactions, refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks. Merchant authorizes Acquirer to initiate debit and credit entries to the Settlement Account through the ACH settlement process, and agrees that Acquirer may debit the Settlement Account for any amounts owed hereunder or to which Acquirer may otherwise be entitled for any reason. Such authorization shall remain in place until the later of termination of this Agreement or Merchant’s satisfaction of all obligations to Processor and/or Bank hereunder. Merchant may change the Settlement Account only as provided in Section 20 of this Agreement. Merchant shall maintain sufficient funds in the Settlement Account to prevent the occurrence of insufficient funds, and shall be solely liable for all fees, costs, and overdrafts associated with the Settlement Account. 7.4. Merchant acknowledges and agrees that neither Processor nor Bank shall have any liability or responsibility for delays in the transmission of funds or the failure of Merchant to receive funds where that delay or failure is in any way attributable to Merchant or any third party, including third-party banks, depository institutions, or the Payment Networks. 7.5. Processor reserves the right to refuse to process any Transaction if Processor, in its sole discretion, believes that the Transaction may be uncollectible from the Cardholder, is likely to result in a Chargeback, or was presented in violation of the terms of this Agreement, Applicable Law, or the Operating Rules. 7.6. Merchant acknowledges that all payments and credits provided to Merchant are provisional and subject to suspension, revocation, Chargebacks, or other adjustments in accordance with this Agreement and the Operating Rules. 7.7. Merchant acknowledges that interchange and other fees, charges, and assessments imposed by the Payment Networks are determined by the Payment Networks. Processor and Bank cannot guarantee any interchange rate and have no obligation to minimize or secure the lowest interchange rate, fees, charges, or assessments for any Transaction. Merchant assumes full liability for the difference between any applied interchange rate and the interchange rate projected or assumed by Processor at the time of any Transaction. 7.8. The debit network used to process debit Transactions will depend upon a number of factors, including Processor’s business considerations and the availability of a particular network, and may not be the lowest cost network available. 8. Marks and Intellectual Property 8.1. Merchant shall display and use the names, logos, trademarks, service marks, and other similar identifiers (the “Identifiers”) and advertising and promotional materials of the Payment Networks only in accordance with the Operating Rules and any use or display guidelines of the Payment Networks, and cease displaying and using the Identifiers and the advertising and promotional materials in accordance with the Operating Rules or at the Payment Networks’ request. Further, from time to time, Processor may provide Merchant with materials that include Processor’s Identifiers. Merchant shall only use such materials as expressly permitted by Processor in writing, and shall return to Processor such materials upon the earlier of termination of this Agreement for any reason or upon Processor’s request at any time. Merchant shall use such Identifiers only in the manner as set forth in such materials, and shall not alter, modify, relocate, remove, or individually use or display such Identifiers. From time to time, the Payment Networks or Processor may request that Merchant provide samples of its use or display of their and/or its Identifiers, which Merchant shall promptly provide in response thereto. Any goodwill associated with the use or display of any Identifier by Merchant shall inure to the benefit of such Identifier’s owner. 8.2. Merchant shall not alter, modify, or create any derivatives of any Identifier (or use any results thereof) at any time for any purpose. In addition, Merchant shall not use any Identifier in a manner that would result in the disparagement of, damage to, dilution (including quality or strength) of, tarnishment of, adverse reflection of, injury to, or otherwise adverse effect on, in any way, the Identifier, the goodwill associated with it or its use, or the reputation or goodwill of or associated with the Identifier or its owner. Merchant shall not at any time represent, directly or by implication, that its goods or services are endorsed, sponsored, or guaranteed by Processor, Bank, or any Payment Network, including by the use or display of any of its Identifiers. 8.3. Processor owns and shall continue to own, or shall own, all computer programs, know-how, confidential information, and other technology and proprietary information and materials, and intellectual property rights (including Identifiers, patents, copyrights, trade secrets, and any other intellectual or industry property or proprietary rights) in, to, or related to the Services, including any refinements, modifications, derivative works of, improvements, or enhancements of any of the foregoing (whether or not made by or at the request of the Merchant), and any of its other technology and proprietary information and materials, and intellectual property rights. Except as provided herein, this Agreement provides no other rights (including any ownership) in or to any technology and proprietary information or materials or intellectual property rights of any person or entity, including the Processor or the Payment Networks. 9. Data Security 9.1. Merchant acknowledges that it is its responsibility to abide, and agrees to abide, by all Security Standards, including PCI DSS, and to provide proof of compliance to Processor, Bank, or any Payment Networks as required or upon request, including, without limitation, by attestation or an examination of Merchant’s systems to validate such compliance. The costs of any such attestation or examination shall be Merchant’s sole responsibility. 9.2. Without in any way limiting the obligations imposed by the preceding paragraph, Merchant will secure and keep confidential Cardholder information and Card Information in strict compliance with the Security Standards and Applicable Law, and will not use, disclose, or distribute such information for any purpose prohibited by the Security Standards or Applicable Law. 9.3. To the extent Merchant uses any third party to process, store, receive, transmit, or otherwise have access to Card Information, Merchant assumes full responsibility and liability for such third- party’s compliance with this Agreement, the Security Standards, and Applicable Law. Neither Processor nor Bank shall have any liability for the acts or omissions of such third parties, which shall be the sole responsibility and liability of Merchant. Merchant further agrees to notify Processor of the identity of all such third parties and to ensure that such third parties are 15 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) properly registered, if required to be so, with the Payment Networks. Processor and/or Bank further reserve the right to require any such third parties to undergo testing, approval, and certification by Processor and/or Bank, and to terminate any such third parties’ access to or ability to integrate with Processor and/or Bank’s systems at any time. 9.4. If Merchant discovers or at any time has reason to suspect that a Data Compromise Event has occurred, Merchant must immediately notify Processor and fully cooperate, at its expense, with all forensic examinations and remediation and mitigation procedures requested by any Payment Network, Processor, or Bank. Furthermore, if Merchant is undergoing a forensic investigation at the time it signs the Merchant Application, it must fully cooperate with the investigation until completed. The costs of such examinations, processes, and any notification of Cardholders pursuant to Applicable Law or the Operating Rules shall be the exclusive responsibility of Merchant. 9.5. Merchant acknowledges that failure to comply with the Security Standards or the occurrence of any Data Compromise Event on its systems or those of any third party referenced in Section 9.3 may result in liability assessments (sometimes referred to as “penalties” or “fines”) by the Payment Networks, legal liability, and expenses (including consultant, examiner, and attorney fees). Without limiting Merchant’s liabilities under any other provision hereof, Merchant agrees (subject to the provisions of Section 11) to indemnify Processor and Bank, along with each of their officers, directors, employees, and agents, and to hold them harmless from any such costs, liability assessments, legal liabilities, and expenses, as well as the costs and fees associated with any claims or demands made by Cardholders, card issuers, Payment Networks, governmental agencies, or any third parties associated with Merchant’s failure to comply with the Security Standards or the occurrence of any Data Compromise Event. 9.6. In the event Merchant operates a website capable of accepting Cards, then, in addition to all other obligations specified herein, Merchant agrees to maintain, display, and abide by a Cardholder data privacy policy. 10. Authorized Users 10.1. To the extent Merchant is granted electronic access to any systems or portals of Processor, Merchant shall be responsible for (i) ensuring that only authorized users of such systems or portals access the same; (ii) keeping all logins, user names, and passwords confidential; and (iii) promptly notifying Processor of any unauthorized access of such logins, user names, or passwords; and (iv) all actions taken by anyone using such access, logins, user names, or passwords, even if such actions were not authorized by Merchant. 10.2. Merchant is responsible for the acts and omissions of its employees, consultants, contractors, agents, officers, and directors, including any unauthorized access to or use of the Services. 11. Pricing and Payment 11.1. Merchant agrees to pay Processing Fees in the amounts specified in the fee schedule attached to the Merchant Application or as otherwise set forth herein, all as the same may be amended from time to time pursuant to this Agreement. 11.2. Merchant is responsible for payment of refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks related to or associated with its use of the Services, its Transactions, and/or its processing activity. Acquirer at any time, with or without notice, may collect such amounts (i) pursuant to Section 7 of this Agreement; (ii) by demanding immediate payment; (iii) by debiting the Settlement Account or the Reserve Fund; or (iv) by subtracting such amounts from future settlements. 11.3. The Processing Fees appearing on your Merchant Application are based upon assumptions regarding your anticipated volume, average transaction size, and method of doing business. If these assumptions prove materially inaccurate, Processor or Bank may adjust your Processing Fees without prior notice. Any such adjustments shall be in addition to, and not in lieu of, any other remedies available to Processor or Bank hereunder. 11.4. Processing Fees may be amended at any time by Processor and/or Bank, with or without notice, as a result of amendments or changes made by the Payment Networks or parties other than Processor or Bank. 11.5. In addition, Processor or Bank may amend, revise, change, or supplement the Processing Fees by giving Merchant thirty (30) days’ notice of any such amendment, revision, change, or supplementation; provided, however, that Merchant may terminate this Agreement, without penalty or any obligation to pay the Early Termination Fee specified in Section 4.4, in response to such amendment, revision, change, or supplementation (not attributable to the Payment Networks or other third parties) by providing Processor with written notice between the date of receiving notice of the amendment, revision, change, or supplementation and the effective date of such amendment, revision, change, or supplementation. 11.6. Merchant shall be solely responsible for all communication expenses associated with its processing activity. 11.7. If Merchant does not pay any refunds, Chargebacks, Processing Fees, indemnified losses, or other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks when due, such amounts will accrue interest at the lesser of 1.5% per month or the highest amount permitted by applicable law. 12. Taxes Merchant shall be solely responsible for the calculation, collection, and remittance of any sales tax imposed by any government authority in connection with the provision of Merchant’s goods or services. Unless Merchant is otherwise exempt (and can prove such exemption to Processor and/or Bank’s satisfaction), Merchant agrees to pay all taxes imposed on the services, equipment, or other property provided to Merchant pursuant to this Agreement. 13. Chargebacks 13.1. Merchant has full liability and responsibility for, and must immediately pay, all Chargebacks and any and all fees, charges, and liability assessments related to Chargeback(s) associated with its Transactions. 13.2. If Merchant has reason to dispute or respond to a Chargeback, then Merchant must do so by the date provided on the applicable Chargeback notice. Processor and Bank have no independent obligation to investigate or attempt to obtain a reversal or adjustment of any Chargeback. 16 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) 13.3. If Processor or Bank, in its sole discretion, determine that Merchant is experiencing excessive Chargebacks, then Processor or Bank may (i) with notice, increase the Processing Fees; (ii) without notice, establish or increase the Reserve Fund; (iii) without notice, suspend the Services; or (iv) without notice, terminate this Agreement. 13.4. Merchant shall not impose as a condition of Card acceptance any requirement that a Cardholder waive a right to dispute a transaction. 14. Indemnification 14.1 To the extent permitted by law, , Merchant shall indemnify and hold Processor and Bank, along with their respective agents, officers, directors, employees, and Affiliates, harmless from and against any and all claims, demands, damages, judgments, liability assessments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) suffered or incurred by any of them arising out of or relating to: (i) Merchant’s acts or omissions, or those of its employees, consultants, contractors, agents, officers, and directors, whether or not those acts or omissions were authorized by Merchant; (ii) Merchant’s Transactions or use of the Services (including, without limitation, for refunds, Chargebacks, or liability assessments imposed by the Payment Networks); (iii) Merchant’s breach of this Agreement or violation of Applicable Law or Operating Rules; (iv) the state or configuration of Merchant’s equipment, including, without limitation, Merchant’s failure to maintain all point of sale equipment, download equipment, and point of sale software updates or to use EMV enabled equipment supported by Processor and/or Bank.; (v) Merchant’s use of third-party services or service providers, including gateways, value added resellers, and independent software vendors; (vi) any proceeding, litigation, or arbitration commenced by a third party arising out of or relating to any actual or alleged act or omission by Merchant; and/or (vii) any demands, investigations, or subpoenas (or similar process) received related to Merchant or its Transactions, whether initiated by regulators, law enforcement, civil litigants, or lienholders under the Uniform Commercial Code. Processor and Bank shall have the right to select and retain counsel of their choosing to represent them in connection with any of the foregoing events, and nothing in this Section shall entitle Merchant to select counsel or assume the defense of any such matter. 14.2 Notwithstanding any provision to the contrary elsewhere in this Agreement, Merchant shall not be obligated to indemnify or compensate Processor or Bank for any loss, expense, or harm caused by the negligence or willful misconduct of Processor or Bank. 15. Obligation to Report Statement Discrepancies 15.1. You shall be solely responsible for reviewing your statements from Processor (including statements provided online) and for reporting to Processor in writing, within thirty (30) days of your receipt of any statement from Processor, any problems or irregularities with your statements—including, without limitation, underpayments, overpayments, or other discrepancies of any items, fees, charges, or liability assessments reflected on such statements or related to the period covered by such statement, including, without limitation, discrepancies between the volume and/or value of transactions that you actually processed during the period indicated by the statement. Statements provided online shall be deemed received the first day they are available online. 15.2. YOU ACKNOWLEDGE AND AGREE THAT PROCESSOR AND BANK SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU, AND SHALL HAVE NO OBLIGATION TO REIMBURSE YOU, FOR ANY UNDERPAYMENT TO YOU OR OTHER DISCREPANCY THAT IS NOT REPORTED TO PROCESSOR IN WRITING WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THE APPLICABLE STATEMENT. 15.3. You acknowledge and agree that you shall reimburse Processor and/or Bank upon demand for any misdirected deposits, duplicate deposits, or inadvertent overpayments into any of your bank accounts. In addition, Processor or Bank may deduct such amounts by ACH debit or other means from your Settlement Account or the Reserve Fund. 16. Limitation of Liability and Disclaimer of Warranties 16.1. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE FINANCIAL RESPONSIBILITY OF PROCESSOR, BANK, AND ITS AND/OR THEIR AFFILIATES FOR ANY BREACH, FAILURE OF PERFORMANCE, ACT, OR OMISSION UNDER THIS AGREEMENT EXCEED THE FEES OR CHARGES PAID TO PROCESSOR BY MERCHANT FOR THE TRANSACTION OR ACTIVITY THAT IS OR WAS THE SUBJECT OF THE ALLEGED BREACH, FAILURE OF PERFORMANCE, ACT, OR OMISSION. 16.2. IN ANY EVENT, PROCESSOR, BANK, AND ITS AND/OR THEIR AFFILIATES’ LIABILITY SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES AND CHARGES PAID TO PROCESSOR PURSUANT TO THIS AGREEMENT IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OF LIABILITY. 16.3. FOR PURPOSES OF THIS SECTION 16, FEES OR CHARGES OF THE PAYMENT NETWORKS OR OTHER THIRD PARTIES PASSED THROUGH TO CUSTOMER PURSUANT TO THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF FEES AND CHARGES PAID TO PROCESSOR. 16.4. IN NO EVENT SHALL PROCESSOR OR BANK, OR THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOSS OF REVENUE, OR CLAIMS BY MERCHANT OR ANY THIRD PARTY RELATIVE TO THE TRANSACTIONS OR ACTIVITIES HEREUNDER, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NEITHER PROCESSOR NOR BANK SHALL BE LIABLE FOR (A) THE DECLINE OF A TRANSACTION, EVEN IF SUCH DECLINE WAS WRONGFUL; (B) ANY LOSS CAUSED BY A TRANSACTION DOWNGRADE, REGARDLESS OF THE CAUSE; OR (C) THE FAILURE TO PROCESS, AUTHORIZE, OR CAPTURE A TRANSACTION. 16.5. PROCESSOR AND BANK MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, TECHNOLOGY OR PROPRIETARY INFORMATION AND MATERIALS, OR THE IDENTIFIERS OR ASSOCIATED RIGHTS, PROVIDED HEREUNDER AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS 17 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE. 16.6. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROCESSOR AND BANK DO NOT GUARANTEE OR WARRANT THAT (A) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE; (B) THAT ANY SOFTWARE WILL BE VIRUS-, DEFECT-, OR ERROR-FREE; OR (C) THAT DATA, REPORTS, OR ANALYSES WILL BE FREE FROM ALL BUGS AND ERRORS. 17. Underwriting, Monitoring, and Auditing Rights 17.1. Merchant, on behalf of itself and its principals and beneficial owners, acknowledges and agrees that Processor or Bank may request and obtain external reports, including credit reports from credit reporting agencies, in connection with the consideration of the Merchant Application or at any time thereafter. Merchant further acknowledges that its Merchant Application may be rejected by Processor or Bank and that neither Processor nor Bank shall have any liability associated with such rejection. 17.2. Merchant agrees to promptly furnish Processor or Bank with documents reasonably necessary to evaluate its financial condition and business practices upon request. Furthermore, with notice and during Merchant’s normal business hours, representatives of Processor or Bank may visit Merchant’s business premises to examine Merchant’s operations, activities, and/or books and records to the extent necessary to evaluate Merchant’s compliance with this Agreement. 17.3. Merchant agrees to provide Processor advance written notice of any actual or anticipated (i) material change in Merchant’s products or services, business practices, or the manner in which Merchant accepts Cards; (ii) change to Merchant’s legal name, trade name, or mailing address; or (iii) changes to anticipated Transaction amounts or volume. 18. Reporting Merchant acknowledges that, under the Operating Rules of the Payment Networks, certain merchant activity and terminations of merchant processing agreements may result in Acquirer reporting merchants and their principals to the Payment Networks for inclusion on a terminated merchant file (e.g., the “MATCH” list). Merchant, on behalf of itself and its principals, hereby consents to such reporting and waives any claim related to the same, even in instances where Merchant or its principals believe that reporting to have been improper or in error. 19. Relationship of the Parties Merchant designates Acquirer as its agent to receive payments for Transactions processed pursuant to this Agreement. Neither Processor nor Bank, however, shall be considered a partner or fiduciary to Merchant, and nothing in this Agreement or the rendition of Services related to this Agreement shall be deemed to create a joint venture, partnership, or fiduciary relationship between or among the parties. Rather, the relationship among the parties to this Agreement is an arm’s length commercial relationship. 20. Updates to Settlement Account If Merchant intends to change its Settlement Account, it must give no fewer than thirty (30) days’ prior written notice to Processor and execute any forms required by Processor in connection with the change. Failure to provide the notice or the applicable executed forms required in this Section may result in the inability of Acquirer to settle Transaction proceeds to Merchant, and may result in the misdirection or loss of the same. Merchant shall bear sole responsibility for any such loss and shall have no right of recovery against Processor or Bank associated with such misdirection or loss. 21. Reserve Account and Security Interest 21.1. Processor and/or Bank may at any time, whether at the inception of this Agreement or thereafter (including at the time of termination of this Agreement), require the establishment of a Reserve Fund to satisfy Merchant’s current or anticipated obligations hereunder, including, without limitation, its obligations with respect to refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks. Further, at any time during the term of this Agreement or at its termination, Processor and/or Bank may increase the amount of the Reserve Fund. All decisions relating to whether to establish, set the amount of, or increase the Reserve Fund will be in the sole discretion of Processor and/or Bank. 21.2. The Reserve Fund may be funded by (i) debiting the amount of Transactions that would otherwise be payable to Merchant under this Agreement; (ii) demanding funds from Merchant; or (iii) debiting the Settlement Account. If Processor and/or Bank make a demand for funds pursuant to this Section 21.2, Merchant shall transfer the amount of funds demanded within eight (8) business hours of receipt of such demand. 21.3. The Reserve Fund may be used at any time to satisfy Merchant’s obligations to Processor and/or Bank under this Agreement, including, without limitation, refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Processor, Bank, its and/or their Affiliates, or the Payment Networks. 21.4. Processor and/or Bank may continue to hold the Reserve Fund until the one-year anniversary of the later of termination of this Agreement or the last processing activity that occurs on Merchant’s account (including any Transaction or Chargeback) or for such longer time as Processor and/or Bank reasonably determine is necessary to satisfy Merchant’s current or anticipated obligations under this Agreement, the Operating Rules, or Applicable Law. 21.5. Until the expiration of the period referenced in the preceding subsection, Merchant shall have no ownership interest in or right to the Reserve Fund. Rather, the Reserve Fund shall be the exclusive property of Processor and/or Bank. Furthermore, Merchant shall have no right to receive interest on any funds maintained in the Reserve Fund, which shall be the exclusive property of Processor and/or Bank. 21.6. Without in any way limiting the foregoing, and merely as an additional form of security, Merchant hereby further grants Processor and Bank a security interest in (a) the Reserve Fund and all funds therein; and (b) the proceeds associated with any Transaction. Either Processor or Bank may enforce its or their security interest(s) without notice or demand. The security interest(s) granted under this Agreement will continue after termination of this Agreement until Merchant satisfies all its obligations to Processor and Bank. Merchant further agrees to execute and deliver to Processor and/or Bank such instruments and documents as Processor and/or Bank may reasonably request to confirm and perfect the security interest(s) granted by this Agreement. 18 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) 22. Holdback Rights In addition to any of the other rights granted to the Processor and Bank hereunder, in the event that Processor and/or Bank, at any time during the term of this Agreement, determine in its or their commercially reasonable discretion that it may be prudent or necessary to do so as a result of any unusual, suspicious, or risk-exposing activity (including, without limitation, money laundering, invalid sales transactions, counterfeit transactions, altered or duplicate transactions, activity related to a suspected Data Compromise Event or other breach of Security Standards, or excessive Chargebacks), then Bank or Processor on behalf of Bank may, without notice, hold funds otherwise payable to you for such period as Processor and/or Bank, in its or their commercially reasonable discretion, deem necessary, to provide security against liability for such activity, plus other costs or liabilities reasonably anticipated to be due to Processor and/or Bank related to the same. To the extent (i) the investigation conducted by Processor and/or Bank with respect to the unusual, suspicious, or risk-exposing activity determines that such activity is reasonably likely to result in amounts being due from you to Processor and/or Bank, and (ii) Processor and/or Bank require the establishment, replenishment, or increase of a Reserve Fund in connection therewith, then the funds held pursuant to this Section 22 may be used to fund such Reserve Fund. 23. Equipment 23.1. Processor and Bank make no representations or warranties regarding the compatibility of third-party products and services with their respective systems. To the extent that you use any third-party gateway or similar software, services, and/or hardware to connect to Processor and/or Bank’s systems, you understand that a separate agreement may be required with the third-party provider in order to obtain such software, services, or hardware, and additional fees may be charged by the third- party provider in addition to the fees charged by Processor and/or Bank. 23.2. Merchant shall be responsible for any fines, penalties, claims, demands, or new or increased fees (including interchange) that result from Merchant’s (a) use of value added reseller, independent software vendor, gateway, point of sale systems, or any other software, hardware, or service not provided by Processor or Bank; (b) failure to maintain the most current version of software that has been certified by Processor and/or Bank as being compatible with the their respective systems; or (c) misuse of software that has been certified as compatible with the Processor and/or Bank’s systems. 23.3. To the extent that Merchant elects to purchase, lease, or use processing equipment from Processor, Bank, or its and/or their Affiliates, Merchant agrees to pay Processor the stated purchase price or lease amounts, along with all applicable taxes and shipping costs, and agrees that Processor and/or Bank may, without limitation, deduct such sums from the Transaction proceeds settled to Merchant’s Settlement Account. 23.4. Equipment provided by Processor or any of its Affiliates may only be used for purposes of this Agreement and the receipt of Services pursuant to this Agreement. 24. Confidentiality and Use of Data 24.1. Merchant shall use Card Information solely to receive Services under this Agreement. Under no circumstances shall Merchant sell Card Information or use it for any purpose other than as expressly contemplated by this Agreement. 24.2. Except in response to a validly served subpoena, Merchant will not provide Card Information to anyone except Processor, Bank, Payment Networks, or Merchant’s agents that have been approved by Processor and are properly registered with Payment Networks for purposes of assisting Merchant in completing Transactions. Should Merchant receive a subpoena that encompasses Card Information, Merchant will notify processor in writing of its receipt of such a subpoena as soon as practicable. 24.3. Merchant agrees to keep confidential and not to disclose: (a) the negotiated terms and conditions of this Agreement; (b) the Processing Fees; (c) Card Information; or (d) any other non- public information regarding any aspect of either Processor’s or Bank’s business made available to Merchant under the auspices of this Agreement (“Acquirer Confidential Information”). Acquirer Confidential Information shall include, but shall not be limited to, information regarding pricing techniques, fees, equipment, services, processes, procedures, marketing or business development plans, technical information, personnel information, and trade secrets. 24.4. Should Merchant receive any Acquirer Confidential Information belonging to Processor or Bank, Merchant agrees to protect such confidential information equally to its own confidential information and to take no less than reasonable care to prevent its misuse or disclosure. Merchant agrees to return to Processor or Bank, as applicable, any confidential information respectively belonging to those entities either upon the termination of this Agreement for any reason, or upon earlier request from either Processor or Bank. 24.5. Merchant must keep confidential its merchant identification (“MID”), which is assigned to facilitate the provisions of Services to Merchant under this Agreement. As a security measure, Merchant may be requested to identify itself by its MID when contacting Processor. Any person correctly identifying Merchant’s MID shall be presumed by Processor to have authority to make changes to Merchant’s account. Merchant shall be solely liable for any damages it sustains as a result of the disclosure of Merchant’s MID to any unauthorized persons. 24.6. To the extent permitted by Applicable Law and the Operating Rules, Merchant authorizes Processor and Bank to disclose information regarding Merchant to any third party who has asked for such information, and whom Processor or Bank determines has a legitimate business need to know such information to facilitate the purpose of this Agreement. Merchant authorizes Processor and Bank to disclose Card Information, Transaction information, and Merchant information to the Payment Networks. Merchant further authorizes Processor and Bank to provide information about Merchant in response to requests for such information from any government body or regulatory authority. 24.7. Notwithstanding anything else in this Agreement, and without otherwise limiting Processor and/or Bank’s use of such information, all Card Information, information related to Transactions or Cardholders, and information related to Merchant, may be used by the Payment Networks, Processor, Bank, and their respective Affiliates and designees: (i) to provide Services; (ii) for administrative and monitoring purposes; (iii) to enhance or improve Processor and/or Bank’s products or services; (iv) in the course of any sale or reorganization of Processor and/or Bank’s business; (v) to comply with Applicable Laws; and (vi) for disclosure to credit 19 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) reporting agencies and other financial institutions. 24.8. Notwithstanding any provision to the contrary elsewhere in this Agreement, to the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18- 70, et seq.) and the Georgia Open Meetings Act (O.C.G.A. § 50- 14-1, et seq.) and no confidentiality requirement in the Agreement shall impose any obligation inconsistent with the rights and duties created by those Acts. Processor specifically acknowledges that this Agreement must be approved in, and spread upon the minutes of, a public meeting of the Merchant’s City Council. 25. Amendments and Waiver 25.1. Processor or Bank may amend, revise, change, or supplement this Agreement by giving Merchant thirty (30) days’ notice of any such amendment, revision, change, or supplementation; provided, however, that Merchant may terminate this Agreement, without penalty or any obligation to pay the Early Termination Fee specified in Section 4.4, in response to such amendment, revision, change, or supplementation (not attributable to changes to the Operating Rules or Applicable Law) by providing Processor with written notice between the date of receiving notice of the amendment, revision, change, or supplementation and the effective date of such amendment, revision, change, or supplementation. Any amendment, revision, change, or supplementation attributable to changes to the Operating Rules or Applicable Law may be made on less than thirty (30) days’ notice and shall not be grounds for termination of this Agreement. 25.2. Neither Processor nor Bank will be deemed to have waived any provision of this Agreement by failing to promptly enforce the same, and no waiver of any provision of this Agreement on one occasion shall constitute a waiver of any other provision of this Agreement or the same provision on any other occasion. 26. Notices; Electronic Notice All notices under this Agreement to either Bank or Processor must be in writing and delivered via hand delivery or via a carrier that provides a tracking number and/or other proof of delivery. Notices to the Bank or the Processor must be sent to the addresses respectively designated on the Merchant Application for those entities, and will be deemed effective upon receipt. Bank and/or Processor may provide Merchant with effective notice under this Agreement, including, without limitation, of any amendment to this Agreement or to Processing Fees, by any of the following means: (a) via mail at the address designated in the Merchant Application (or such other address as Merchant may provide), including by statement messages appearing on any processing statement; (b) electronically, through the Merchant portal, through electronically available processing statement(s), or through any other means of electronic communication maintained by Bank or Processor which Merchant may access; or (c) electronically, via any email address designated by Merchant. Merchant expressly consents to receive documents and notices electronically and agrees to maintain access to the Internet for so long as this Agreement is in effect. 27. Choice of Law and Venue; Time and Procedure for Assertion of Claims 27.1. All disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise) arising out of, relating to, or in connection with (a) this Agreement, (b) the relationships which result from this Agreement, or (c) the validity, scope, interpretation, or enforceability of the choice of law and venue provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. 27.2. Without in any way limiting Section 29 (Arbitration), with respect to any action arising out of, relating to, or in connection with this Agreement, Merchant and all individuals executing this Agreement in any capacity hereby consent to the exclusive jurisdiction of, and venue in, the federal and state courts located in Atlanta, Georgia or Fulton County, Georgia. 27.3. Each party agrees to provide the other prompt notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon either party’s election, the parties will participate in non-binding mediation before a mutually agreed mediator. Any controversy, claim, or dispute that is not resolved through the procedures set forth above within sixty (60) days following the initial notice (or such longer period as the parties may agree) will be resolved pursuant to arbitration pursuant to Section 29 of this Agreement. 27.4. Neither party may bring a claim more than two (2) years after the underlying cause of action first accrues. 28. Attorneys’ Fees Merchant agrees to reimburse Processor and/or Bank for all attorneys’ fees or other costs incurred by both or either of Processor or Bank in successfully enforcing any provision of this Agreement against Merchant, or in obtaining any sums due under this Agreement from Merchant, regardless of whether Processor and/or Bank incur those fees in connection with a court proceeding, private dispute resolution, or outside a formal dispute resolution proceeding. 29. Arbitration 29.1. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. ARBITRATION DOES NOT PROCEED BEFORE A JURY AND MAY INVOLVE MORE LIMITED DISCOVERY THAN A COURT PROCEEDING. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. Notwithstanding the foregoing, nothing in this Section prohibits a party from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief. Furthermore, this Section 29, and the obligation to arbitrate, will not apply to claims for misuse or infringement of a party’s intellectual property or confidential information. 29.2. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provisions of this Section. Arbitration will be administered by JAMS (www.jamsadr.com). For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims equal to or less than $250,000, the JAMS Streamlined 20 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. Unless the arbitrator(s) determine that justice or fairness require otherwise: (i) any arbitration will proceed in Atlanta, Georgia (although, for the convenience of the Merchant or guarantor (as applicable), any party or its counsel may participate telephonically); (ii) the arbitrator(s) will oversee limited discovery, taking into account the amount in controversy and the parties’ desire to keep proceedings cost-effective and efficient; and (iii) the claimant(s) and respondent(s) will bear the cost of arbitration, including the cost of any filing fee, equally, subject to the discretion of the arbitrator(s) to alternatively allocate costs pursuant to the applicable rules in any final award; provided, however, that for claims equal to or less than $25,000, Merchant and guarantor (if applicable) shall not be responsible to pay any case initiation or similar fee greater than that of the filing fee in the Superior Court of Fulton County, Georgia at the time arbitration is filed unless the arbitrator(s) determine that such claims are frivolous. The arbitrator(s) shall have no authority to award non-monetary or equitable relief or to award damages that are inconsistent with the limitations and exclusions set forth in this Agreement, nor will he, she, or they have authority to award sanctions of any type. The arbitrator(s) shall not issue a reasoned opinion for any award unless such award is greater than $250,000. Any decision rendered in such arbitration proceedings shall be final and binding on each of the parties to the arbitration and judgment may be entered thereon in any court of competent jurisdiction. The parties will maintain the confidential nature of the arbitration proceeding except as may be necessary to enforce any award or to comply with applicable law. If any part of this Section 29 is found invalid or unenforceable, the other parts of this Section 29 shall still apply. 29.3. MERCHANT AND GUARANTOR (IF APPLICABLE) ACKNOWLEDGE AND AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES. MERCHANT AND GUARANTOR (IF APPLICABLE) FURTHER AGREE TO WAIVE, AND HEREBY WAIVE, THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO LITIGATE OR ARBITRATE ON A CLASS-WIDE BASIS. 30. Continuing Guaranty As a key inducement for Processor and Bank to enter into this Agreement, the Guarantor(s) agree to be bound by all the terms and provisions of this Agreement the same as Merchant. Guarantor understands that this Agreement may be renewed, extended, or modified from time to time (including with regard to fees and to Merchant’s payment obligations) without notice to Guarantor, even if the modifications and/or extensions increase Guarantor(s)’ obligations hereunder. Guarantor(s), individually and severally, also unconditionally and personally guarantee the Merchant’s full performance of its obligations under this Agreement. Guarantor(s) understand and agree that the Processor or Bank may proceed directly against Guarantor(s) without first exhausting remedies available against Merchant. Moreover, in the event Guarantor(s) is or are natural person(s), this guaranty is continuing and shall survive the death of Guarantor(s) and be binding on Guarantor(s)’ heirs and estate, without any diminution of the rights of Processor or Bank with respect to the guaranty. To the fullest extent permitted by law, Guarantor(s) waive all rights and defenses available to Guarantor(s) respecting the Bank or Processor’s enforcement of this guaranty. Without limiting any of the foregoing, each Guarantor agrees that his or her liability under this guaranty will not be limited or canceled because: (i) the Agreement cannot be enforced against the Merchant; (ii) either Processor or Bank makes or agrees to changes or modifications to the Agreement; (iii) Processor or Bank releases any other Guarantor or the Merchant from any obligation under the Agreement; (iv) a law regulation or order of any public authority affects the rights of either Processor or Bank under the Agreement; or (v) anything else happens that may affect the rights of either Processor or Bank against the Merchant or any other Guarantor. Each Guarantor further agrees that: (vi) Processor and Bank each may delay enforcing any of its rights under this guaranty without losing such rights; (vii) Processor and Bank each can demand payment from such Guarantor without first seeking payment from the Merchant or any other Guarantor; and (viii) such Guarantor will pay all court costs, attorney’s fees, and collection costs incurred by either Processor or Bank in connection with the enforcement of any terms of the Agreement or this guaranty, whether or not there is a lawsuit, and such additional fees and costs as may be directed by a court. 31. Remedies Cumulative The rights and remedies conferred upon Processor and/or Bank under this Agreement are not intended to be exclusive of each other or of any other rights or remedies belonging to Processor and/or Bank under this Agreement, at law, or in equity. Rather, all such rights and remedies are cumulative. 32. Assignment; Successor Responsibility The Bank may assign this Agreement without Merchant’s consent. Processor may assign this Agreement to another transaction processor approved by Bank. Merchant may not assign this Agreement without the express written consent of Bank and Processor, nor shall it assign any right to payments to which it may be entitled under this Agreement. For purposes of this Agreement, it shall be deemed an assignment by Merchant of this Agreement to effectuate any sale or transfer of the equity interests of Merchant’s business such that the equity holders listed in the Merchant Application collectively hold less than 50% of the equity interests after such sale or transfer. This Agreement will be binding on each party’s successor(s) and/or permitted assigns. 33. No Third Party Beneficiaries The Payment Networks and Affiliates of Processor and/or Bank will be third- party beneficiaries to this Agreement, meaning that, while they have no obligations under this Agreement, they will have the right, within their discretion, to enforce of the terms of this Agreement (including, without limitation, with respect to the Operating Rules) directly against Merchant. Except as specified in the preceding sentence, there are no third-party beneficiaries to this Agreement, which is solely for the benefit of Merchant, Processor, and Bank. 34. Force Majeure Processor and/or Bank shall not be liable for any delay or inability to perform caused by acts of God, natural disasters, wars, acts of terrorism, civil disturbances, governmental actions, strikes, telecommunications failures, equipment failures, network failures, or other causes beyond Processor and/or Bank’s reasonable control. 35. Entire Agreement; Severability This Agreement constitutes the complete and final agreement between the parties and supersedes all prior oral or written agreements, including, but not limited to the Terms & Conditions available at https://www.ncr.com/terms- and-conditions/ under the link for ‘Payment Solutions – Merchant Terms and Conditions’ or https://www.jetpay.com/government-terms-and- conditions.pdf. Except as elsewhere provided herein, this Agreement may be modified only in a writing signed by all parties hereto. If any provision of this Agreement is deemed unlawful or unenforceable, then it shall be reformed only insofar as necessary to make it lawful and enforceable, or if it 21 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) cannot be so reformed, it will be severed from this Agreement without any effect on the remaining terms of the Agreement, which shall continue in full force and effect. 36. Survival Termination of this Agreement shall not terminate the obligations and rights of the parties that, by their nature or their terms, are intended to survive or be perpetual of irrevocable. Such provisions, including, without limitation, Sections 2, 3.6, 4.4, 4.5, 7.4, 7.6, 8 through 10, 11.2, 11.7, 12 through 16, 18 through 31, and 33 through 36, and 38.4 shall survive the expiration or termination of this Agreement. 37. Electronic Signature This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together constitute one and the same Agreement. A signature or other indication of acceptance received electronically or via facsimile shall be legally binding for all purposes and equally effective as a wet ink signature. 38. Special Provisions Related to American Express In addition to the remaining terms of this Agreement, Merchant agrees to the following terms in connection with its acceptance of American Express Cards: 38.1. Merchant acknowledges that any request to accept American Express Cards is subject to approval by American Express. If approved, Merchant authorizes Processor to submit American Express Card Transactions to, and receive settlement from, American Express. 38.2. Merchant agrees to have a refund policy for purchases on American Express Cards that is at least as favorable as its refund policy for purchases on any other Cards. 38.3. Merchant may opt out of accepting American Express Cards at any time without penalty and without directly or indirectly affecting its rights to accept other Cards. 38.4. Upon termination of this Agreement or its ability to accept American Express Cards hereunder, Merchant agrees to remove American Express Identifiers from Merchant’s website and wherever else they are displayed. 38.5. Merchant agrees that American Express may use information obtained in the Merchant Application to screen and/or monitor Merchant in connection with American Express Card marketing and administrative purposes. 38.6. Merchant agrees that American Express may use Transaction data, Merchant data, and Card Information to perform its responsibilities in connection with the American Express OptBlue® Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communications purposes, and important transactional or relationship communications from American Express. Merchant acknowledges and agrees that it may be converted from American Express Card acceptance pursuant to this Agreement to a direct American Express Card acceptance relationship with American Express if and when it becomes a “High CV Merchant,” i.e., a merchant with either (i) greater than $1 million in American Express Card Transaction volume (including volume from all Merchant locations) in a rolling twelve (12) month period or (ii) greater than $100,000 in American Express Card Transaction volume (including all volume from all merchant locations) in any three (3) consecutive months. Upon such conversion, Merchant acknowledges and agrees that (i) merchant will be bound by American Express’s then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant for American Express Card acceptance. 39. Additional Merchant Terms 39.1. Nothing contained in this Agreement shall be construed to be a waiver of Merchant's sovereign immunity or any individual's qualified, good faith or official immunities. 39.2. Gifts, Gratuities and Conflicts of Interest: Merchant and Processor acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton 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. Merchant and Processor 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 Processor or any higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 39.3. E-Verify: Merchant and Processor acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton 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. Merchant and Processor 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 Processor or any higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. Pursuant to O.C.G.A. § 13-10-91, Merchant may not enter into a contract for the performance of services unless Processor shall provide evidence on the forms, attached hereto as Exhibits "A" and "B" (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 its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance 22 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) 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. Processor hereby verifies it has, prior to executing the Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to Merchant. Further, Processor 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 Processor employs or contracts with any subcontractor(s) in connection with the Agreement, Processor agree 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 "B", which subcontractor affidavit shall become part of the Processor/subcontractor agreement. If a subcontractor affidavit is obtained, Processor agrees to provide a completed copy to Merchant within five (5) business days of receipt from any subcontractor. Processor and its subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Processor hereby agrees that, in the event it employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Processor 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. [SIGNATURES ON FOLLOWING PAGE] 23 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) By signing below, this Agreement is hereby agreed and accepted by the Merchant and Processor: Merchant: Processor: City of Milton NCR Payment Solutions, LLC Signature Signature Printed Name Printed Name Title Title Date Date 24 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) EXHIBIT “A” 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). The employee-number category designated below is applicable to the contractor: 500 or more employees 100 or more employees Fewer than 100 employees Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Payment Processing Agreement 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: 25 NCR Payment Solutions, LLC Merchant Terms and Conditions 14594471v1 NCR Confidential information (Rev. 1/2020) EXHIBIT “B” 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 [name of contractor] on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. The employee- number category designated below is applicable to the subcontractor: 500 or more employees 100 or more employees Fewer than 100 employees 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 Payment Processing Agreement Name of Project City of Milton County, 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 Offic er 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: CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and Charles Abbott Associates, Inc for Building Plan Review and Inspection Services MEETING DATE: Monday, November 16, 2020 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: __________ X November 16, 2020 X X X Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Buscemi, City Architect Date: Submitted on November 12, 2020 for the November 16, 2020 Regular City Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton and Charles Abbott Associates, Inc for Building Plan Review and Inspection Services _____________________________________________________________________________________ Department Recommendation: Approval. Project Description: The City’s current contract for Building Plan Review and Inspection Services is coming to an end. Milton remains committed to customer satisfaction and has gone through an openly competitive Request for Proposal (RFP) process in order to select a firm to provide these technical services at the most efficient rate. Having these services outsourced allows for the ebb and flow of the construction economy while continuing to provide qualified and nationally certified inspectors, plan reviewers and building officials. This has worked well in Milton and Building Services are still housed within the Community Development Department under the overall supervision of the Community Development Director. The RFP was advertised in June of this year and five responses were received. The responses were assessed by an internal evaluation committee comprised of staff from Community Development and Public Works resulting in a careful selection of the winning proposal. In the end, Charles Abbott Associates, Inc (CAA) was selected to provide this high level of professionalism and qualifications as they represent the City of Milton to our contractors, developers and tradesmen. This transition will take effect December 1, 2020. Procurement Summary: Purchasing method used: RFP Revenue Share: CAA’s % of Fees Plan Review (including Fire Plan Review): 55% Inspections: 45% Projects with valuation > $10,000,000: 40% Financial Review: Bernadette Harvill, November 12, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, November 11, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Professional Services Agreement 1 dsd PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___, 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 Charles Abbott Associates, Inc., a California 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/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit 2 Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: provide staffing services to perform building inspections, plan review, and permitting services for the City. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. All Work shall be performed in substantial accordance with the expected times for responsiveness and performance of services discussed throughout Exhibit “A”. The term of this Agreement (“Term”) will begin on the Effective Date of December 1, 2020, notwithstanding any contrary provisional start date mentioned in Exhibit “A.” The Term will expire on December 31, 2025. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on 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 shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. 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. C. 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. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the updated price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor 3 and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis. 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. Contract Price. The compensation for Work performed shall be based upon the fees as stated in the Cost Proposal listed in Exhibit “B”. Because Fire Plan Review will be included, the “Scenario 2” fee structure for plan review will apply. The percentage-based fees for plan review and inspections will be the sole compensation due to Consultant for all of the services set forth in Section 3.1 (Scope of Services) of Exhibit “A” with the exception of plan review and inspection of City projects, the compensation for which service will be addresses in a Change Order. Other services that are related to but not covered by the Scope of Services will be added by Change Order using the hourly rates set forth in Exhibit “B.” C. Reimbursement for Costs. The fees set forth in Section III(B) above include compensation for all costs, direct and indirect, needed to perform the Work, and reimbursement for costs incurred shall be limited as follows: There shall be no separate 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., �us� 1R-ceck 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. 4 5 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 survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for 6 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.) 7 (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 8 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 proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval 9 certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any 10 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law. and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (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. 12 (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 13 precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. 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 14 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 or belief, 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. S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Bob Buscemi shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination 15 date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination. 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. 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 16 this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and 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. 17 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: Charles Abbott Associates, Inc Attn: Rusty Reed 100 Hartsfield Centre Pkwy, Ste 500 Atlanta, GA 30354 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, 18 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 Charles Abbott Associates, Signature: Print Name: Title: [CiR�['LE ANG] residen ice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: 0(I'a Print Name: . „„ ', r f Title: 11— c 4C. i (Assistant) Corporate Secretwy4equired if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 20-CD04 RFP Title: Building Plan Review and Inspection Services Due Date and Time: July 8, 2020 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 53 ISSUING DEPARTMENT INFORMATION Issue Date: June 11, 2020 City of Milton Community Development Dept 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 20-CD04 Name of Company or Firm Special Instructions: Deadline for Written Questions June 23, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.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 2 | RFP 20-CD04 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-CD04 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-CD04 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-CD04 RFP# 20-CD04 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-CD04) Building Plan Review and Inspection Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. 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-CD04 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 Building Plan Review and Inspection Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 7 | RFP 20-CD04 SCHEDULE OF EVENTS Task Date Issue RFP June 11, 2020 Deadline for Questions June 23, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 29, 2020 Proposals Due By 2:00 p.m. EST on July 8, 2020 Award Contract September 10, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 20-CD04 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (City) is seeking Proposals from highly qualified persons and/or firms to provide a Building Official, Building Inspections, Plan Review and Permitting services on as needed basis to the City of Milton. 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 via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5 PM (EST) on June 23, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after t he deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about June 29, 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 . 9 | RFP 20-CD04 Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procur ement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 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. 1.4 SUBMITTING PROPOSALS A. Overall Proposal Submittal Requirements Offerors must organize their proposal into the following sections: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal 10 | RFP 20-CD04 6. Pricing – in a separate document file (See Section 5.0) B. Technical Proposal Submittal Requirements 1. Format a. No more than twenty (20) two sided pages (ten pages if double sided) Cover page(s), table of contents, tabs, and required forms (Items 1-4 & 6 listed above) do not count toward the page limit. b. Minimum of 11-point font. c. Stapled or spiral-bound. No binders. 2. Each Technical Proposal Shall Contain: a. Company Profile: Name, brief profile and year established. Include information for any consultants that will be used as well. b. Staff Experience and qualifications. i. Identify team members and include a complete listing of all names, phone numbers, and email addresses for everyone listed, including an organizational chart. ii. Describe relevant experience and qualifications of key individuals that may be involved in providing or developing such services including relevant ICC Certifications. Provide resumes for all principles and for proposed key personnel. iii. Describe ability to perform the Scope of Service efficiently and in accordance with the requirements of City, State and Federal regulations. iv. Describe past performance in completing projects of similar type, scope and complexity and the respondents time and accurate complete of services. v. Describe the team’s experience with green building construction techniques and LEED certified construction. vi. Describe the team’s experience with utilizing online plan documentation software and digital plan review. c. Experience and References: Provide a list of building inspection and plan review contracts held during the last five (5) years. Include the municipal representative as project references with names, phone numbers and a list of the team members involved. Information for each referenced contract shall be limited to one (1) standard (8.5” x 11”) page. Inclusion of projects within or in proximity to Milton should take precedence. Additionally, 11 | RFP 20-CD04 referenced projects should reflect characteristics comparable to those of Milton. d. Customer satisfaction and citizen interaction i. Provide a description of your approach to dispute resolution and alternatives solution. ii. Describe how personnel have demonstrated an ability to work under the direction of City Staff and how you have typically received/responded to feedback on City satisfaction. e. Plan Review Process Describe the firm’s approach to plan review process. Include the tracking and reporting of details, the processing of plans and the format for comments. Provide an example of comments for a residential and commercial project. It is the expectation of the City that reviews for the first-time submittals be completed within 10-15 business days. Resubmittals should be completed within 5-10 business days. Explain how the firm will work to meet these expectations. f. Inspections Process Describe the firm’s approach to inspection requests and processing to include tracking and reporting. g. Firm’s availability to Milton City Hall i. Describe the key personnel’s ability to report to City Hall during normal working hours (8am-5pm) and the ability for customers to meet at the office of the City (or virtually) when necessary in order to provide customers of Milton with excellent service. ii. Outline the ability and process for responding to emergency calls regarding building-related issues such as fires, accidents, tornados, building collapse, etc. C. 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. 12 | RFP 20-CD04 D. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non - responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. E. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. F. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. 13 | RFP 20-CD04 SECTION 2: RFP STANDARD INFORMATION 2.1 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. 2.2 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. 2.3 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 requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets . Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in 14 | RFP 20-CD04 the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. 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 15 | RFP 20-CD04 should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 16 | RFP 20-CD04 2.5 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. SECTION 3: SCOPE OF SERVICES 3.0 PURPOSE The purpose for this Request for Proposals is to solicit competitive proposals from qualified persons and/or firms to provide Building Official, Building Inspections, Plan Review and Permitting services on as needed basis to the City of Milton. The City’s intent is to minimize response time and improve customer service by outsourcing for services on an “as needed” basis in the areas of building inspections, codes interpretation, and building plan review. A priority of the Community Development Department is to create a cooperative work environment with the review team and contractors to increase compliance and to improve the quality of design submittals, thereby reducing the number of reviews necessary for permitting. 3.1 SCOPE OF SERVICES The selected Firm shall provide building and safety services as requested by the City. Such services shall include interpretation and enforcement of the City’s building laws and codes and all applicable Sate Codes. Review of construction drawings to assure compliance with City and State adopted laws and codes; interfacing with permit applicants and the Community Development Staff; and conducting inspections. Specific projects may include residential, commercial, institutional, industrial, mixed-use and multi-family residential projects. Any single 17 | RFP 20-CD04 job may require one of subsequent reviews of submitted plans. Types of proposed plan review work may include new construction, remodel, additions, green building, LEED and public nuisance abatement. It is expected that all personnel will be ICC Certified in their relative fields or retain a sufficient combination of experience and education to achieve such certification. Please note that the selected firm may be called upon as an expert witness to any of the scope items. A. Plan Reviewing Consultant, upon request of the City, shall review plans prepared by or on behalf of an applicant for compliance with the Building laws of the City and State including Fire Codes utilizing the City permitting system. When satisfied that the plans comply with the Building laws of the City and State, Consultant shall approve plans and forward plans for issuance of a permit. B. Building Inspector Consultant, upon request of the City, shall provide building inspection services during the course of the construction to enforce compliance with the conditions of approval, provisions of Building Laws and the Code requirements set forth on the approved plans for which a permit was issued. In the performance of such duties, Consultant shall observe each project at the completion of various stages of construction for compliance with the appropriate City and State codes. All inspections are to be conducted the next business day within the normal business hours of 8am to 5pm, Monday through Friday, except and unless an emergency situation occurs, and the Community Development Department Director is notified. The Consultant may be required to conduct site visits/inspections of existing buildings to determine lack of prescribed maintenance that may warrant actions regarding hazardous conditions. The Consultant will observe safety and security procedures and immediately report potentially unsafe conditions. C. In-House Plan Review Consultant, upon request of the City, shall provide an ICC Certified plan reviewer to perform in-house plan review as needed utilizing the City’s plan review and permitting system. The plan reviewer would be available to the public for all permit related inquiries during normal business hours. Additionally, the reviewer should be available for recommendations for buildings, maintenance and design for City projects and facilities. D. Permitting Services Consultant, upon request of the City, shall provide a Permit Technician who would be housed in the City Offices and shall be responsible for issuance of City permits upon approval utilizing the City’s plan review and permitting system. Additionally, the Permit Technician would be available to the public for all permit related inquiries during normal business hours. 18 | RFP 20-CD04 E. Code Interpretation and Revisions Consultant shall make available a Building Official who would be housed in the City Offices and would be available to the public for code interpretation and explanation. The Building Official is expected to respond to all inquiries during normal business hours and within one business day. Additionally, the Building Official should maintain lead role in the process for local adoption and reviews to the building code. The Building Official should also develop and continuously update a program of disseminating information to the City personnel, contractors, and other citizenry to keep them aware of any and all code changes, or relevant processing changes and the basis for those changes. F. Turn Around Time Consultant shall complete reviews and provide comments for the first-time submittals within 10-15 business days of submittal of a complete application. Resubmittals should be completed within 5-10 business days. The City would like to see reduced turnaround times based on type of project to be reviewed to improve efficiency and customer service. G. Plan Review and Building Permit Fees Consultant, upon request of the City, shall prepare the fee calculations, invoicing, and billing method for building plan review and permit related fees based on the City’s adopted fee schedule that may be updated from time to time (See below). Permit fees are based, at a minimum, on the project valuation as stated in the “Building Valuation Data” table published by the ICC Building Safety Journal. All Building related applications and inspections will be entered and logged daily into the City’s plan review and permitting system. Permit Fees Based on Valuations Total Valuation $1 to $500 $23.50 $501 to $2,000 $23.50 for the first $500 plus $3.50 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 f0r each additional $1,000, or fraction thereof, to and including $25,000 $25,001 to $$50,000 $391.75 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 19 | RFP 20-CD04 $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and inlcuding $1,000,000 $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof Type of Permit Code in H,T,E New Commercial building from the ground up, New Shell Commercial structures include schools, hospitals, subdivision clubhouses etc. COMA $350 site $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) Tenant Finish, Interior Work on Commercial Property COMA $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) Construction of Sales Trailer TMST $100 site $25 admin Permit Fee (No 50%) Cell Tower or Co- Locate CELL $350 site $25 admin Permit Fee New House/Townhouse for the Ground Up SFLA (For detached) SFLA (For attached) $350 site $25 admin $50 CO Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) 20 | RFP 20-CD04 Basement Finish, Bathroom or Kitchen Remodel, House Addition ARES $25 Admin Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) $350 Site fee (house addition that extends out from original house frame) Deck Addition, Pool House, Garage, Screened Porch ARES $350 site $25 admin Permit fee (No 50%) Pool SWPR $350 site $25 admin Permit Fee (No 50%) Electrical Permit Plumbing Permit Mechanical Permit For Commercial Also ELEC PLMB MECH $25 admin Permit Fee (No 50%) Roof, Replacement Window, Replace Shingles, etc. ARES $25 admin $50 Permit Fee Flat fee total of $75 Shed, Out Building ACCS $100 site $25 admin Permit Fee (No 50%) Fence FNPL $100 site $25 admin Permit Fee (No 50%) Demolition of Single- Family House Demo of other Structures including Commercial DMOS DMOO $25 admin $100 Permit Fee Flat fee total of $125 21 | RFP 20-CD04 Types of Permit Condition Re-Inspection Fire re-inspection $50 per re-inspection $100 per re-inspection Temporary Certificate of Occupancy Only Valid for up to 60 days $200 Flat Fee Reinstatement of expired permit 90% Complete If permitted work is substantially complete as evidenced by inspection records showing passed framing and metes inspections as applicable to scope of work permitted $100 plus any re-inspection fees Reinstatement of expired permit Less than 90% complete If the permitted work is not substantially complete as evidenced by inspection records Renewal fee is one half (50%) of the Base fee assessed at original building permit issue, but not less than $200.00 Reinstatement of expired permit Not executed No work has been performed as evidence by inspection records Reinstatement amount is full permit fee H. Plan Review Related Meetings Consultant upon request of the City shall attend any required meetings connected with the plan review or filed inspection projects. This may require periodic attendance at a Planning Commission, Design Review Board, City Council meetings or other City meetings regarding items related to Building Services. I. Provisions of Facilities and Materials The City will provide furnished office space and computer (with software), printer, telephone line, internet connections, office supplies, etc. for the building official, inspector, plan reviewer and permit technician. This shall serve as the assigned personnel’s mailing address, telephone number for scheduling inspectors, accepting complaints and for general inquiries. The Consultant is expected to provide transportation to and from all construction sites and the offices maintained by the City, communication equipment (Cellular telephone), certification maintenance and all salary related expenses. Any other 22 | RFP 20-CD04 required materials will be provided on specific approval. 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 consulting services described in this RFP should be able to demonstrate experience and staff expertise in these areas: • Minimum of five (5) years’ experience in providing building services as a company • At minimum, one Certified Building Official • At minimum, one person certified by the ICC for Residential and Commercial Building Inspections • At minimum, one person certified by the ICC in Residential and Commercial Plan Review • At minimum, one person certified by the ICC as a Permit Technician • At minimum, one person certified by the ICC in Fire Plan Review. Note that consulting firms will be required to include a fee for providing Fire Plan Review and a separate fee for not providing this service. 23 | RFP 20-CD04 SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (Page 1 of 3) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The offeror’s cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation 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 offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: *The City is considering two Scenarios regarding Fire Plan Review. One being in- house Fire Plan Review, and the other being to include Fire Plan Review in this contract. Offerors must provide pricing for each of the two Scenarios, as well as the Fee Structure for Inspections Review. • Scenario 1: Fee Structure for Plan Review (not including Fire Plan Review) Provide fee as a percentage of City’s collected plan review fee of a first- time review and one re-review. This fee should include all costs as necessary not including Fire Plan Review. Percentage (%) of City’s collected plan review fee. Proposed fee structure should be based on City Fee Schedule. • Scenario 2: Fee Structure for Plan Review (including Fire Plan Review) Provide fee as a percentage of City’s collected plan review fee of a first- time review and one re-review. This fee should include all costs as necessary including Fire Plan Review. Percentage (%) of City’s collected plan review fee Proposed fee structure should be based on City Fee Schedule. 24 | RFP 20-CD04 Cost Proposal Continued ~ Page 2 of 3 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ • Fee Structure for Inspections review Provide fee as a percentage of City’s collected base permit fee. Percentage (%) of City’s collected base permit fee. Proposed fee structure should be based on City Fee Schedule. Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ 25 | RFP 20-CD04 Cost Proposal Continued ~ Page 3 of 3 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Supplemental Costs: Fee Structure for Personnel in Emergency Response or other Non-Routine Requests • Hourly Rate for Certified Building Inspector: This rate should be an all-inclusive rate for Certified Building Inspector. • Hourly Rate for Certified Building Official: This rate should be an all-inclusive rate for Certified Building Official. • Hourly Rate for Certified Plan Reviewer: This rate should be an all-inclusive rate for Certified Plan Reviewer. • Hourly Rate for Certified Permit Technician: This rate should be an all- inclusive rate for Certified Permit Technician. PERSONNEL All-inclusive Hourly Rate Certified Building Inspector Certified Building Official Certified Plan Reviewer Certified Permit Technician 26 | RFP 20-CD04 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA 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. • A short list of proposers will be developed based upon the highest scores on the proposals. Those short-listed may be invited to make a presentation to the City of Milton. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria 1. Project Approach ........................................................................................... 30 points o Customer Satisfaction/Citizen Interaction (Section 1.4.B.2.d.) o Project/Plan Review processing (Section 1.4.B.2.e.) o Inspections Processing (Section 1.4.B.2.f.) o Availability (Section 1.4.B.2.g.) 2. Qualifications and experience ...................................................................... 40 points o Company Profile (Section 1.4.B.2.a.) o Staff Experience and Qualifications (Section 1.4.B.2.b.) 3. Related projects experience (Section 1.4.B.2.c.) ........................................ 20 points 4. Price (Section 5, 3 pages) .............................................................................. 10 points **Cost will only be considered from the short-listed firms from the technical evaluation** Total Possible Points Available: 100 points 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. 27 | RFP 20-CD04 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 28 | RFP 20-CD04 the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. 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-CD04 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-CD04 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-CD04 Addendum #1 2 | P a g e ADDENDUM #1 RFP 20-CD04 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Questions and Answers 1. Section 1.4.B.1.a. Will a cover letter (other than the cover letter form) count toward the 20-page limit? – No, a cover letter (if single page) will not count towards the 20-page limit. 2. On the cover page it is mentioned that this is an electronic submittal, but on page 10 there is a request for staples and binding (no binders). Can you confirm that the city would like for only electronic submittials via BidNet and no hard copies are required? Correct, the submittals must be submitted electronically via BidNet direct. No hard copies are required. Page 10 was inadvertently not updated to reflect the electronic submittal requirement. 3. The RFP states that the contract is for services on an “as-needed” basis (Sections 1.0, 3.0). So is it the City’s intention to retain its current plan review, permitting, and inspection staff as City employees, and utilize the successful firm only for overflow during high volume time periods, as supplemental staff on a part-time basis? - The successful firm hired through this RFP would act as the responsible party for all building plan review, permitting and inspection services on behalf of the City on a full-time basis for the duration of the contract. 4. What was the City’s permit revenue for calendar year 2018 and 2019, and YTD for 2020? - 2018 Total Permit Revenues – $1,692,350.49 2019 Total Permit Revenues – $1,575,843.87 2020 Permit Revenues (as of June 16, 2020) - $736,607.82 5. What is an average number of plan reviews required per week, and inspections required per week so far in 2020? - It is the expectation of the City that reviews for the first-time submittals be completed within 10-15 business days. Resubmittals should be completed within 5-10 business days. So far this year, the number of projects reviewed by the Building Plan Review averages between 40 to 50 per week. All inspections are to be conducted the next business day within the normal business hours of 8am to 5pm, Monday through Friday, except and unless an emergency situation occurs, and the Community Development Department Director is notified. So far this year, the number of building inspections averages between 125 to 150 per week. RFP 20-CD04 Addendum #1 3 | P a g e 6. For which positions does the City desire to see a specific individual proposed in our submittal, with resume and key qualifications and experience presented? - The City anticipates the following positions: Certified Building Official, Deputy Building Official/Plans Examiner, Inspector/ Plans Examiner, and Permit Technician. However, it will be the responsibility of the successful firm to provide sufficient staff to properly address the building plan review and inspection service needs of the City as outlined in the RFP. 7. In reference to RFP Section I, 1.4.2.d (page 11/53): 1. How does the City of Milton measure customer satisfaction? - The City values feedback from the Developers and Citizens involved in the plan review process and relies on the comments received during that process. The City has strong building permits performance measures that talks about the Level of Service for plan reviews and for building inspections. The permits that are issued within the allotted time and inspections conducted within appropriate timeframes enhances customer satisfaction. The City will also like to move forward by incorporating new technology like the virtual inspections. 8. What improvements would the City of Milton like to see from their service provider? - Incorporation of new technology in the building permits review and inspection process. The City expects, at a minimum, to maintain reviews of first- time submittals to be completed within 10-15 business days. Resubmittals should be completed within 5-10 business days. We will, however, be receptive to suggestions on how to improve our processes. 9. What are your expectations of service provider personnel with regard to citizen interaction? - The City expects all employees and contractors to be professional and responsive during their interactions with our development community. All phone calls and emails must be returned within 24 hours. We strive to provide clear and precise communications. 10. Page 23-24. Section 5. Cost Proposal. Please state the previous four years’ annual permit revenue that has been the basis of your current vendor’s payments (2016 - 2019). - 2016 Total Permit Revenues – $2,679,844.43 2017 Total Permit Revenues – $1,601,324,22 2018 Total Permit Revenues – $1,692,350.49 2019 Total Permit Revenues – $1,575,843.87 2020 Permit Revenues (as of June 16, 2020) - $736,607.82 11. Page 7. Schedule of Events. When is the contract proposed to begin work? - The new contract would become in effect on October 1, 2020. RFP 20-CD04 Addendum #1 4 | P a g e 12. How many staff are performing plan reviews, permitting, and inspections currently? - The Consultant that currently provides the City with Building Plan Review and Inspection Services utilizes four (4) professionals: one (1) Certified Building Official, one (1) Deputy Building Official/Plans Examiner, one (1) Inspector/ Plans Examiner, and one (1) Permit Technician. However, it will be the responsibility of the successful firm to provide sufficient staff to properly address the building plan review and inspection service needs of the City as outlined in the RFP 13. When does the current contract expire? - The current contract expires on September 30, 2020. 14. The cost proposal form page 2 of 3 requests a fee based on % of permit revenue for “inspections review”. Could the City please clarify what “inspections review” is, or if this a typographical error and should read only “inspections.” - The terms “inspections review” and “inspections” have the same meaning in this RFP. 15. If the latter, since it appears this contract is for on-call support, would the City have the third party firm provide all required inspections for a particular permitted project? This seems to be the only reasonable way to base the inspection fee owed the third-party firm on a percent of the permit fee.” - The successful firm hired through this RFP would act as the responsible party for all building plan review, permitting and inspection services on behalf of the City on a full-time basis for the duration of the contract. EXHIBIT “B” Proposal for RFP#20-CD04 
 Building Plan Review and Inspection Services City of Milton Community Development Dept 2006 Heritage Walk Milton, GA 30004 By: Charles Abbott Associates, Inc. 100 Hartsfield Centre Parkway, Suite 500 Atlanta, GA 30354 Toll Free: (866) 530-4980 www.caaprofessionals.com - since 1984 - Charles Abbott Associates, Inc. “Helping public agencies provide effective and efficient municipal services to improve communities since 1984” TABLE OF CONTENTS 1. REQUEST FOR PROPOSALS COVER PAGE 3 2. CITY OF MILTON DISCLOSURE FORM 4 3. CITY OF MILTON PROPOSAL LETTER 5 4. CONTRACTOR AFFIDAVIT AND AGREEMENT 6 5. TECHNICAL PROPOSAL 7 A. COMPANY PROFILE 7 B. STAFF EXPERIENCE AND QUALIFICATIONS 8 C. EXPERIENCE AND REFERENCES 16 D. CUSTOMER SATISFACTION AND CITIZEN INTERACTION 20 E. PLAN REVIEW PROCESS 22 F. INSPECTIONS PROCESS 25 G. FIRM’S AVAILABILITY TO MILTON CITY HALL 26 6. PRICING 27 ADDENDA ACKNOWLEDGEMENT FORM 28 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 20-CD04 RFP Title: Building Plan Review and Inspection Services Due Date and Time: July 8, 2020 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 53 ISSUING DEPARTMENT INFORMATION Issue Date: June 11, 2020 City of Milton Community Development Dept 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted eOHcWURQLcaOO\ YLa MLOWRQ·V BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 20-CD04 Name of Company or Firm Special Instructions: Deadline for Written Questions June 23, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.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 4 | RFP 20-CD04 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-CD04 RFP# 20-CD04 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-CD04) Building Plan Review and Inspection Services. IW LV XQdHUVWRRd aQd aJUHHd WKaW ZH KaYH UHad WKH CLW\·V VSHcLILcaWLRQV VKRZQ RU 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 1 RFP 20-CDa4 MILTONIP, ESTABLISHED ' �- 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: 337115 eVerify Number 337115 Date of Authorization Charles Abbott Associates, Inc. (CAA) Name of Contractor Buildina Plan Review and Insl2ection Services Name of Project City of Milton Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city). (state). Signature f 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: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 Acee Attached Document (Notary to cross out lines 1-6 below) ee Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1- ------- --- ------------------- - - - ---------------- 2 ----_---------2- ---------------------- - -------------------------------- 3 ------ --------- -------------------------------- 3-------------------------------- -------------------------------- 4 ------ -------------------------------4------ -----------_----------^--------- -_ ------------------- 5------------ --------------------------------- -- __-__ -- 0 Signature of Document Signer No. T Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O net n . 9�HI�LSEY C-- COMO #� 7670 wcw"-S '7.2021 Place Notary Seal Above Subscribed and sworn to ,(or affirmed) before me on this (rte day of 20 . by Date Monte Year (1) (and (2).. ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature _ _-._ - __ T___ , Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document A - me-rv�- Title or Type of Document:. (5w�rngC=r a -i Document Date: 0 Number of Pages: - Signer(s) Other Than Namec(,Above: N� 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 professional services 7 5. TECHNICAL PROPOSAL a. Company Profile Company Name: Charles Abbott Associates, Inc. (CAA) Date of Incorporation: 1984 Years in Business: 36 Main Office: 27401 Los Altos, #220 Mission Viejo, CA 92691 Local Office: 100 Hartsfield Centre Parkway, Suite 500 Atlanta, GA 30354 Entity Type: Corporation Federal Tax ID: 33-00753899 Number of Employees: 212 Sub-Consultants: CAA will not utilize any sub-consultants to perform any work for the City under the scope of this RFP. Charles Abbott Associates, Inc. (CAA) was founded to meet the needs of cities just like Milton. We are highly skilled and experienced at providing the right services at the right time to ensure the City’s Building Plan Review and Inspection services are operating smoothly and efficiently. CAA realizes that no two communities are alike, and we customize our services to meet the particular needs of the constituents we serve at any one location. CAA currently provides municipal services to over 20 local government partners with our local staff of over 30 certified professionals in the greater Atlanta area, including: • City of Fayetteville • City of Emerson • City of Tifton • City of Griffin • City of Albany • City of Jackson • City of Peachtree City • City of Stockbridge • City of South Fulton • City of Covington • City of Dahlonega • City of Hogansville • City of Brookhaven • City of Forest Park • City of Manchester • City of Riverdale • City of Palmetto • City of Adairsville • Bartow County • Spalding County • Dougherty County • Butts County CAA’s Certified Building Officials have assisted jurisdictions in achieving high Insured Services Office (ISO) ratings. The ISO's Building Code Effectiveness Grading Schedule (BCEGS) assesses the building codes in effect in a particular community and how the community enforces its building codes, with special emphasis on mitigation of losses from natural hazards. ISO has completed the analysis of the building codes adopted by CAA’s Georgia clients, and the efforts put forth by CAA to enforce those codes, and has rated CAA itself as well as all of CAA’s Georgia building departments at a 3 for Commercial Buildings and 3 for Residential Buildings, illustrating CAA’s commitment to mitigating losses and enforcing codes to improve safety in our communities. This ISO professional services 8 rating applies to the company as a whole, meaning it will extend to the City of Milton as well. b. Staff Experience and Qualifications CAA employs full time personnel to staff municipal work engagements. The firm recruits individuals who are looking for long-term employment with a stable firm and a rewarding career. We are proposing experienced staff that meets the City’s required qualifications and possess all certifications and registrations as required by state agencies. Our team will work seamlessly as team members of your staff, thus effectively augmenting their efforts and reach. CAA maintains well-qualified and educated building officials, inspectors and plan checkers. The staff regularly attends and sponsors training courses, seminars, and conferences to ensure staff is up-to-date on the most relevant issues in the industry. As an example of these advanced industry-training standards, the International Code Council (ICC) has recently recognized CAA as a Preferred Provider, only the 14th entity in the Country to receive such recognition. CAA is an industry leader in cross-training employees in order to streamline the inspection process. Each inspector is able to perform multiple discipline inspections, which is both cost effective to the City and simplifies the process for contractors, causing less wait times for inspections to be approved. We are devoted to keeping our certified and licensed staff up-to-date on the latest practice, techniques and skills in their areas of specialization. Our approach to training is ongoing and not just occasional, assuring clients of work that is in full compliance to current standards. In addition, because our people are well trained, they face no learning curve and are able to get to work immediately. As part of our services, we assure the following to the City: • Key personnel will be available to the extent proposed for the duration of the project, and no person designated “key” to the project will be removed or replaced without the prior written consent of the City. professional services 9 • Should we wish to make any permanent staffing changes, we will discuss these changes with the City at least 30 days in advance; and • If the City requests staffing changes, we will make them in a timely manner. i. Team Members Maintaining high quality services is what has made CAA as successful as we are today. We understand that having experienced and qualified personnel is a fundamental requirement of being able to deliver quality service to our clients, and we place considerable effort in attracting and retaining our highly trained staff. CAA is committed to staff continuity and aims to assign designated professionals exclusively to the City, while being flexible enough to add other certified professionals as needed to cover vacation and sick leave, for instance. Below is a listing of team members selected to work with the City, the general organizational structure of the team proposed to the City, as well as resumes of the key staff projected to be assigned to the City. Diana Snodgrass Director Human Resources Rusty Reed President Mike Podegracz Regional Director Greg Robinson Regional Director Brian Epstein, Project Manager (678) 333-6900 brianepstein@caaprofessionals.com Steve Holder, Building Official (470) 533-7168 steveholder@caaprofessionals.com Will Hart, Plans Examiner (220) 603-9046 williamhart@caaprofessionals.com Allen Posey, Fire Plans Examiner (706) 604-6093 glennposey@caaprofessionals.com Steve Ahuna, Structural Plan Reviewer (949) 273-0277 steveahuna@caaprofessionals.com TBD, Inspector TBD, Inspector Other Qualified Professionals as necessary Ron Grider Regional Director Tim Inglis Regional Director professional services 10 ii. Resumes Brian Epstein, CBO Project Manager Years of Experience 23+ Professional Memberships Midwest Georgia Inspectors Association Building Officials Association of Georgia Metro Atlanta Inspectors Association International Code Council Certifications ICC Certified Building Code Specialist ICC Certified Plumbing Code Specialist ICC Certified Mechanical Code Specialist ICC Certified Accessibility Inspector/Plans Examiner ICC Certified Building Inspector ICC Certified Building Plans Examiner ICC Certified Building Code Official ICC Certified Building Official ICC Certified Housing Code Official ICC Certified Mechanical Code Official ICC Certified Plumbing Code Official ICC Certified Combination Inspector ICC Certified Commercial Building Inspector ICC Certified Commercial Combination Inspector ICC Certified Commercial Electrical Inspector ICC Certified Commercial Mechanical Inspector ICC Certified Commercial Plumbing Inspector ICC Certified Electrical Inspector ICC/AACE Property Maintenance & Housing Inspector ICC Certified Mechanical Inspector ICC Certified Mechanical Plans Examiner ICC Certified Plumbing Inspector ICC Certified Plumbing Plans Examiner ICC Certified Residential Building Inspector ICC Certified Residential Combination Inspector ICC Certified Residential Electrical Inspector ICC Certified Residential Mechanical Inspector ICC Certified Residential Plumbing Inspector Mr. Epstein has been a Building Official for over 23 years, has over 10 years construction experience, and has extensive experience in transitioning services from the traditional city/county model to the private model. He currently serves as the Project Manager for the City of South Fulton, Forest Park and other surrounding cities. KEY QUALIFICATIONS Ø Project Management Experience Ø Hands-on Construction Experience Ø Multiple Certifications professional services 11 Steve Holder, CBO Certified Building Official/Plans Examiner/Inspector Years of Experience 12+ Education Business Administration, Brenau University Certificate of Local Government Management, UGA’s Carl Vinson Institute of Government Professional Memberships ICC Region 8 Board of Directors Metro Atlanta Inspectors Association Building Officials of Georgia Georgia State Inspectors Association Certifications ICC Certified Residential Combination Inspector ICC Certified Residential Plans Examiner ICC Certified Plumbing Inspector ICC Certified Mechanical Inspector ICC Certified Commercial Building Inspector ICC Certified Commercial Plumbing Inspector ICC Certified Commercial Mechanical Inspector ICC Certified Mechanical Plans Examiner ICC Certified Building Plans Examiner ICC Certified Mechanical Code Official ICC Certified Building Code Official ICC Certified Building Official Georgia Soil and Water Conservation Commission Level IB Certified Inspector Mr. Holder has over twelve years of high-level experience in inspections and department management as well as a vast knowledge of ICC codes and local ordinances. He is experienced in performing residential and commercial plan checks and building inspections, as well as Building Official duties for both small and large jurisdictions. Recent Project Experience Building Official, Forsyth County Deputy Building Official, City of Atlanta Planning Director, City of Dawsonville Chief Inspector, Dawson County KEY QUALIFICATIONS Ø Certified Building Official Ø Certified Plans Examiner Ø Certified Building Inspector Ø Excellent Customer Service Skills Ø Local Government Background professional services 12 William Hart, CBO Certified Plans Examiner Years of Experience 18+ Professional Memberships ICC, GSWCC, BOAG Certifications ICC Certified Building Official ICC Certified Building Inspector ICC Certified Commercial Plumbing Inspector ICC Certified Plumbing Plans Examiner ICC Certified Residential Building Inspector ICC Certified Residential Plan Reviewer ICC Certified Residential Mechanical Inspector ICC Certified Residential Plumbing Inspector ICC Certified Residential Electrical Inspector ICC Certified Residential Combination Inspector ICC Certified Commercial Building Inspector ICC Certified Commercial Plan Reviewer ICC Certified Commercial Mechanical Inspector ICC Certified Mechanical Plans Examiner Georgia Soil and Water Conservation Commission Level IA Certified Inspector Georgia Soil and Water Conservation Commission Level IB Certified Inspector CAL OES BOAG Combination Inspector Mr. Hart has over 15 years of residential building construction and plan review experience, as well as extensive experience in conducting building inspections to ensure construction meets local and national building codes and ordinances, zoning regulations, and contract specifications. He currently serves as an inspector and plan reviewer for many of our Georgia clients, including the cities of Albany, Stockbridge, South Fulton, Palmetto, Hogansville and Jackson. Relevant Experience Building Inspector for the cities of Manchester, Palmetto, Griffin, Riverdale, and Forest Park. KEY QUALIFICATIONS Ø Hands-on Construction Experience Ø Multiple Certifications Ø Supervisory Experience Ø Excellent Project Management Skills Ø Customer Service Oriented professional services 13 Allen Posey, CBO, MCP Certified Fire Marshall Years of Experience 37+ Education A.S., Columbus Technical College, Mechanical Engineering Technology Professional License Georgia Electrical Non-Restricted Electrical Contractor Georgia Certified Fire Marshal Part 107 Licensed Drone Pilot Professional Memberships ICC, IAEI Georgia, IAEI Colorado, ICC Colorado, WGIA Georgia, MIAI Georgia, AEC Georgia Certifications Fire Inspector I Fire Inspector II Certified Fire Marshall Fire Plans Examiner Building Inspector Building Plans Examiner Building Code Official Certified Building Official (CBO) Electrical Code Official Housing Code Official Mechanical Code Official Plumbing Code Official Combination Inspector Commercial Combination Inspector Commercial Electrical Inspector Electrical Inspector Electrical Plans Examiner Property Maintenance and Housing Inspector Zoning Inspector Master Code Professional Mechanical Plans Examiner Mechanical Inspector Permit Technician Plumbing Plans Examiner Plumbing Inspector Residential Combination Inspector Residential Electrical Inspector ICC/AACE Code Enforcement Administrator ICC/AACE Code Enforcement Officer Combination Plans Examiner Disaster Response Inspector AACE Master Code Enforcement Professional Commercial Energy Plans Examiner Residential Energy Inspector/Plans Examiner Residential Plans Examiner Accessibility Inspector/Plans Examiner Residential Building Inspector Residential Mechanical Inspector Residential Plumbing Inspector Soil Erosion Inspector Mr. Posey has over 37 years of construction, building and safety experience, with 30 years of code administration, problem solving, and material work force management experience. He has held the positions of Chief Electrical Inspector, Plans Examiner, and Building Official. He was responsible for all electrical plans examining, electrical inspections assignments, and all field inspections. Duties also included management of Permitting and Inspection Software KEY QUALIFICATIONS Ø Multiple Certifications Ø Municipal Background Ø Proven Conflict Resolution Skills Ø Hands-On Experience with Design and Construction Ø Extensive Knowledge of Codes & Regulations professional services 14 System. Allen has inspected and plan reviewed projects including residential, commercial, education and industrial structures. Recent Project Experience • Chief Electrical Inspector in Columbus, Georgia • Building Official Forest Park, Georgia • Building Official Manchester, Georgia • Building Official Griffin, Georgia • Building Official Hogansville, Georgia • Building Official Albany, Georgia • Code Enforcement Officer Manchester, Georgia Steve Ahuna, PE, CBO Registered Civil Engineer/Certified Plans Examiner Years of Experience 31+ Education M.S., Applied Economics, Santa Clara University, Santa Clara, CA B.S., Architectural Engineering, California State University, San Luis Obispo Professional Memberships ICC, CALBO, SEAOSC, ASCE Certifications ICC Certified Building Official ICC Certified Plans Examiner ICC Certified Plans Examiner UBC OES/CALEMA DISASTER SERVICE WORKER Post Disaster Assessment SAP Registration Civil Engineer in Georgia, California, Colorado, Nevada, Florida, Arizona and Texas Mr. Ahuna has over 30 years of experience in architectural and structural review of residential and non-residential plans. He has plan review experience working for both private and municipal entities. Prior to working as a plan checker, he worked for a private consulting structural engineering firm as a design engineer for residential and non-residential buildings. He will oversee the plan review staff in the review of plans and calculations for compliance with adopted codes and any adopted amendments. Recent Project Experience • Children’s Healthcare of Atlanta, Brookhaven GA KEY QUALIFICATIONS Ø Licensed and Certified Ø Certified Building Official Ø Building Plans Examiner Ø PE License GA, CA, CO, NV, FL and AZ Ø Municipal Experience Ø Structural and Architectural Review Ø Extensive Plans Review Experience professional services 15 iii. Scope of Services CAA will provide the building plan review and inspection of structures under construction in the City for compliance with all local ordinances, state and federal laws that pertain to Building and Safety and for compliance with the adopted Building Code, Residential Code, Plumbing Code, Electrical Code, Mechanical Code, Property Maintenance Code, City adopted or proposed Sustainability Standards, and Accessibility and Energy Codes in addition to any Building Division Policy Statements as issued by the Chief Building Official. CAA is able to fulfill the complete range of services outlined in the City’s Scope of Services and will ensure compliance with the Georgia State Minimum Standards Mandatory Codes and construction related zoning requirements. CAA will be responsible for the administration and enforcement of the City’s various codes and ordinances related to building safety while ensuring that the health and safety of the public are maintained through adherence to the requirements established by law for the construction, alteration or use of new and existing buildings. Through cooperation with other departments, CAA is able to assist in protecting the economic interests of the community with the ultimate goal of ensuring the development of safe and sustainable buildings for subsequent generations. iv. Past Performance For more than 34 years, CAA has been fulfilling its mission in helping municipal governments and regional government agencies deliver services more efficiently. CAA has been able to consistently achieve high standards of performance as a direct result of the company’s commitment to nurturing a team of professionals with an exceptional work attitude, mind-set, experience and skills that are unique to CAA. Each staff member is highly trained and extremely conscientious when it comes to carrying out the corporate mission of providing unsurpassed customer service. Our project team brings many years of related project experience together with a deep understanding of municipal needs, making CAA exceptionally well qualified to provide the requested services to the City as described in our submittal. The team that will be dedicated to the City is comprised of building & safety experts led by Brian Epstein, CBO, who has well over 20 years of municipal experience and holds multiple certifications. Our staff is technically qualified, trained, properly licensed and certified under Georgia State Minimum Standards Mandatory Codes to provide all anticipated services, including permitting, public or private project plan review, structural plan review, building code compliance review, as well as building inspections and fire plan reviews and inspections. Our business model will ensure that the allocated resources are dedicated to ensuring staff continuity and consistency at the City. Additionally, we are able to add qualified personnel at any time should workload demands increase. v. Green Building & LEED Experience CAA recognizes the importance of and pursues environmentally conscious design and development procedures consistent with the U.S. Green Building Council (USGBC) and Leadership in Energy & Environmental Design (LEED) certification standards. CAA has staff certified through the LEED process that are available to review City development projects required to have LEED Certification(s). We will provide staff that is certified as Green Building professionals when required. As with LEED certification, CAA seeks to enhance and improve City development projects through cooperation and collaboration with stakeholders. professional services 16 vi. Online Plan Documentation Software CAA is committed to use and assist the City with the implementation of the City’s chosen community development software. Our plan reviewers are proficient in the use of various plan review systems such as CityView, ProjectDox, Bluebeam Revu, and Adobe Acrobat for electronic plan review, and we will provide our Inspectors with iPad devices in order to use the mobile side of the software. Additionally, CAA will assist the City with establishing electronic plan checking services including the development of policies and procedures. c. Experience and References The following contains a list of our Georgia clients, with an outline of services provided to each client, as well as the period of time that we have been performing the referenced service and the team members assigned to the project. We are extremely proud of our track record and the length of time we have continuously provided services to our clients and invite you to contact any of them to obtain their opinion of the services we provide to them. REFERENCES SERVICES SINCE TEAM MEMBERS Butts County Christy Lawson, Director (770) 775-8210 625 West Third Street, Suite 3, Jackson, Georgia 30233 Building & Safety 2020 Jeremy Head City of Adairsville Pam Madison, City Manager (770) 773-3451 116 Public Square, Adairsville, GA 30103 Building & Safety 2020 Vincent Hines City of Tifton Pete Pyrzenski, City Manager (229) 338-3860 130 1st St E, Tifton, GA 31794 Building & Safety 2020 Barry McGee Ole Laursen Bartow County Brandon Johnson, Director (770) 607-6311 135 West Cherokee Avenue, Cartersville, GA 30120 Building & Safety 2020 Joe Tkacsik Vincent Hines City of Fayetteville Ray Gibson, City Manager (770) 461-6029 240 South Glynn St., Fayetteville, GA 30214 Fire Plan Review 2019 Will Hart City of Emerson Todd Heath, Assistant City Manager (770) 382-9819 700 Highway 293, Emerson, Georgia 30137 Building & Safety 2019 Joe Tkacsik Eric Glick Spalding County Chad Jacobs, Director (770) 467-4254 119 E. Solomon Street, Griffin, Georgia 30223 Building & Safety 2019 Brett Hanes Chelsea Siemen Stephen Clair professional services 17 City of Covington Mary Darby, Director (770) 385-2178 2116 Stallings Street, Covington, GA 30014 Building & Safety 2018 Joe Tkacsik LaShawnda McCord City of Albany/Dougherty County Paul Forgey, Director (229) 438-3901 240 Pine Avenue, Suite 300, Albany, GA 31702 Building & Safety Code Enforcement 2017 Alan Posey Barry McGee Ole Laursen Judy Glass Danny Oliver Kyle Golberg Judy Glass City of Jackson Kay Pippin, Mayor (770) 775-7535 134 South Oak Street, Jackson, GA 30233 Building & Safety 2017 Jeremy Head City of Peachtree City Dave Borkowski, City Engineer (770) 631-2538 153 Willowbend Rd., Peachtree City, GA 30269 City Engineering Plan Review 2017 Danny Chow Lisa Kopro City of Stockbridge Camilla J. Moore, Director (678) 833-3354 4640 North Henry Boulevard, Stockbridge, GA 30281 Building & Safety Permit Counter 2017 Angie Tkacsik Ashlee Smith Mikala Weston City of South Fulton Shayla Reed, Director (470) 809-7700 5440 Fulton Industrial Blvd. Atlanta, GA 30336 Building & Safety 2017 Brian Epstein Rudd Holt Will Hart Alan Brown City of Dahlonega Bill Schmid, City Manager (706) 864-6133 465 Riley Road, Dahlonega, GA 30533 Building & Safety 2016 Eric Glick City of Hogansville Lisa Kelly, City Clerk (706) 637-8629 400 East Main Street, Hogansville, GA 30230 Building & Safety 2016 Leonard Thompson City of Brookhaven Patrice Ruffin, Director (404) 637-0500 4362 Peachtree Road, Brookhaven, GA 30319 Building & Safety Code Enforcement Permit Counter 2015 Kevin Cousins Richard Fraysher Eric Glick Chris Carter Joe Tkacsik Vendetta Clark Ruby Biggers Katy Byrd City of Forest Park James Shelby, Interim Director (404) 608-2300 785 Forest Parkway, Forest Park, GA 30297 Building & Safety 2014 Lee Peek LaShawnda McCord professional services 18 City of Manchester Doug Westberry, City Manager (706) 846-3141 P.O. Box 366, Manchester, GA 31816 Building & Safety Code Enforcement 2014 Glen Gosa Will Hart City of Griffin Kenny Smith, City Manager (770) 229-6406 100 South Hill Street, Griffin, GA 30223 Building & Safety 2014 Stephen Fincher City of Riverdale Scott Wood, City Manager (770) 909-5480 971 Wilson Road, Riverdale, GA 30296 Building & Safety City Engineering Public Works 2012 Lee Peek Lisa Kopro City of Palmetto William Shell, City Administrator (770) 463-3377 509 Toombs Street, Palmetto, GA 30268 Building & Safety City Engineering 2012 Leonard Thompson Lisa Kopro CAA has over 35 years of experience providing contract services to cities and towns. The case studies below illustrate our ability to respond quickly to any increase in workload, whether caused by a spike in building activity or a natural disaster. City of Albany, GA Located on the Flint River with a population of approximately 95,000, the City of Albany is the seat of Dougherty County and the eighth-largest city in the State of Georgia. The City prides itself on being a City of Excellence and is known as the "Good Life City." Historically, the City used to provide its own Development Services for both the City and the County. But following the excessive building damage caused by tornadoes in early 2017 and the departure of the City’s Building Official, the City found itself backlogged and unable to manage the additional workload effectively. Through an official RFP process, CAA was selected over the competition to provide contract Building and Safety Services to the City and County. CAA now provides the City with a permit technician, three building inspectors, and a Building Official to cover the service area of approximately 300 square miles. CAA also provides the City with its own permit and inspection software, which has been customized to fulfill the exact needs of the City. CAA provided a smooth transition within a matter of days of being selected as the City’s contractor, and was able to quickly achieve significant process improvements. In the words of Phil Roberson, Assistant City Manager: “The City of Albany has been extremely impressed with how quickly CAA was able to step in and provide us with complete Building & Safety Services. Following the January 2017 storms, Albany was left with hundreds of houses in need of repair or rebuilding. CAA was able to bring a CBO and inspectors with years of experience to help Albany and it’s citizens in the rebuilding process. One of our major industries, Proctor and Gamble, lost their distribution warehouse as a result of the Jan 22 tornadoes. On the one-year anniversary of the storm, P&G held a ribbon cutting at their new ultra-modern distribution warehouse, which replaced the one destroyed by the tornadoes. At the ribbon cutting, the CEO of the Albany P&G plant credited the contractors, P&G staff, and the work by the Inspection and Development Services staff of the City ( including CAA) for making the one year build out possible. This type of high level recognition is a testament to the benefits derived from the partnership between CAA and the City of Albany.” professional services 19 Within the first 3 months, CAA has processed 752 permits and conducted 896 inspections for the City of Albany. City of Brookhaven, GA Located in the northeast suburbs of Atlanta in western DeKalb County with a population of approximately 50,000, the City of Brookhaven officially became a city in 2012 and operates Parks & Recreation, Police, Public Works and Community Development Departments. The City’s economic outlook is fantastic, with lots of building activities currently in progress and on the horizon. One example is the new $1 billion hospital and pediatric campus of Children's Healthcare of Atlanta, which is to be built in Brookhaven through 2025. The new campus will include a 446-bed hospital, support buildings, a physical plant, more than 20 acres of green space, as well as a 260,000-square-foot ambulatory care center – making this campus the single largest health-care project in Georgia’s history. It will create 16,500 construction jobs through 2025 and 3,600 permanent net jobs upon its opening. As the Building & Safety Services provider for the City, Charles Abbott Associates, Inc. (CAA) will be intimately involved with all phases of the construction of the project. CAA has been providing municipal services for the City since 2015. The services provided include the front permit counter, building plan review, building inspections, code enforcement, software system administration, and arborist services. City of Palmetto, GA With a population of approximately 5,000, the City of Palmetto utilizes CAA for permitting, plan review, building, mechanical, electrical, and plumbing inspections, and city engineering services for all projects within the City, including the following major projects: Located on the former South Fulton private airport, the Palmetto Distribution Center is a 340- acre, 4 million SF master planned distribution center situated right across from CSX's intermodal facility in Fairburn. Presently under construction, this prime industrial high-cube warehouse/distribution space will be distributed over 5 buildings that have the potential to bring well over 2,000 jobs to the City of Palmetto. CAA is providing all permitting, plan review, and inspection services for this project. Also under construction is the Saben Tatum Road industrial development, a three- warehouse, 3 million SF industrial park distributed over 214 acres just off I-85, just south of Fairburn in Palmetto, at the intersection of Johnson and Tatum roads. CAA is providing all permitting, plan review, and inspection services for this project. Weldon Industrial Track is a residential and industrial development project, which will include a 1 million SF warehouse and sewer lines tying back to the City. CAA is providing all permitting, plan review, and inspection services for this project. The Palmetto Oaks Subdivision is currently in Phase I of final subdivision, which will include 28 acres of R-2 residential housing on 54 lots. CAA is providing all permitting, plan review, and inspection services for this project. In the planning stages is the redevelopment of the historic Cotton Mill on Main Street as a cultural arts center comprised of restaurants, live/work residential units, event space, office usage and a complementary open air market. CAA has been heavily involved in the planning professional services 20 portion of this project, and will continue to be involved with permitting, plan review, and inspection services as the project progresses. d. Customer Satisfaction and Citizen Interaction Our employees are passionate about customer service. In performing our duties, we are always willing to meet with clients for pre-design meetings, pre-submittal meetings, or as needed to resolve complex code related plan review issues in the most efficient manner possible. In addition, the staff at CAA brings a can-do attitude to their work - always focused on efficiency and project success. CAA will track, measure, and report on performance standards, schedule and budget targets on a regular basis to ensure the City and citizens are satisfied with our services. For example, the following performance standard can be incorporated into the contract with the City: Area Performance Measurement Goal & Description of How to Achieve Each Measurement Overall Department Customer Service Ratings Goal: Gather responses from 25 percent of all reporting parties. Description: Use technology to prepare customer service surveys using e-mail addresses and online surveying service. Overall Department Percentage of complaints resolved at Consultant(s) level Goal: 98 percent of all complaints resolved at the Consultant level. Counter Services Percentage of walk-ins experiencing counter wait times of less than 15 minutes Goal: 95 percent of walk-ins experiencing counter wait times of less than 15 min.
Description: Measure the time frame through a sign in system to monitor time. Counter Services Percentage of phone inquiries/emails handled within 24 hours Goal: 100 percent of calls returned within 2 hours, emails within 1 working day. Building Code Enforcement Services Percentage of phone inquiries/complaints handled within 24 hours Goal: 100 percent of all complaints, received by code staff, via phone, walk-in, e-mail, fax
are handled. Description: Measure the time frame between complaint inquiry/receipt and follow-up complaint call to reporting party. Plan Review Residential plan reviews first comments within 5 business days Goal: 100 percent - All residential plan reviews will be completed within 5 days. professional services 21 i. Dispute Resolution When a critical dispute arises, CAA staff assigned to the project will confer with the CAA project manager and provide background and communications as they relate to the project at hand. Where possible, CAA’s project manager will arrange to have a meeting with the developer’s consultant and the plan reviewer assigned to the project to discuss and resolve any issues that may have arisen. In the case where CAA is not in the position to provide the final resolution due to the need for City interpretation or acceptance as in the case of alternate material and methods or other issues that only the City can be the final decision maker of, CAA will arrange for a meeting with City staff and present the information necessary for a resolution by the City. Issues that may be encountered based on prior experience may vary from incomplete documents received as part of the plan submittal process to deviation from project approval documents “Conditions of Approval” to deviations from City Standards. CAA’s approach to receiving incomplete documents is immediate preparation of a comment letter to the applicant for the submittal of all documents necessary for the review process in an itemized format, and copy the City to keep the City apprised of the project status. CAA handles deviations from Conditions of Approval in a similar fashion with preparation of comment letter to the applicant; however, deviations to Conditions of Approval and City Standards require additional coordination with City staff to understand the City’s position on such deviations and how they may be applied or accepted. Key issues may also result from understanding field conditions and the conveyance of those field conditions to the project documents. These types of issues may be resolved by visiting the site and meeting with the client in the field to convey all concerns as they relate to the project submittal. ii. Direction of City Staff CAA prides itself on being a “team player” in each municipal service engagement and operates as an extension of City staff, not as separate entity. This means that our office will be at City Hall, and our staff works as a seamless extension of City staff. We train our staff to recognize that citizens of the community, City staff and other consultants are our customers and, as such, deserve our best efforts to respond, assist, support, and work hand-in-hand. Our team members will also learn and keep up to date on City policies and procedures as we commence our engagement. The transition from current City services to the CAA project team will be smooth, timely, and unnoticed by the public. We will review any existing forms, procedures, and policies immediately and will recommend any efficiency to the City. Any action will be closely coordinated with City Management. Our role is to effectively work with Plan Review Commercial plan reviews first comments within 10 business days Goal: 100 percent - All commercial plan reviews will be completed within 10 days. Plan Review - Rechecks Recheck reviews within 5 business days or less Goal: 100 percent - All rechecks will be completed within 5 days. Building Inspections Inspections performed on next business day (within 24 hours) Goal: 100 percent - All building inspections will be performed on next business day (within 24 hours). professional services 22 City staff, provide optimum services to the public, and to generate a cost benefit to the City. CAA has a proven track record of successfully transitioning many other clients from their previous providers, and we will achieve similar results for the City of Milton. The following is an outline of the key tasks that generally need to be completed as part of transitioning to CAA: Planning and Analysis (Initial 10 days) • Assign CAA project transition team (2 or 3 seasoned CAA staff) • Document complete services to be transitioned along with responsibilities • Ensure a complete understanding of each item to be transitioned along with current status and anticipated workload • Assess City ordinances, fee schedules, and existing permitting workflow • Ascertain any and all City expectations and formulate measurable outcomes • Analyze space and other operational requirements • Develop timetable for transition activities Team Development (First 30 days) • Interview and assess current City staff’s abilities and areas of responsibilities • Hire City staff as mutually determined by City and CAA • Establish professional development strategy for each team member • Assign seasoned mentors to aid in new hire’s professional development • Implement progress monitoring reports. Execution (30 to 60 days) • Provide informational outreach session to the building community • Provide permitting forms and helpful guides to public • Initiate software system and begin data conversion • Develop specific performance measurements which are in line with Department’s overall goals and expectations • Institute controls to ensure ‘Best Practices’ Assessment (90 days) • Measure achievements against established goals and objectives • Create longer range objectives • Make ongoing recommendations for continuous improvement CAA expects and demands that the staff we assign to the City quickly becomes a productive part of the City’s team. We assure you that if we make an assignment and our staff member is not compatible (personality, personal behavior, etc.) with City staff we will, with your knowledge and approval, substitute another CAA staff member who can integrate seamlessly into your team. e. Plan Review Process CAA will provide the plan review of any and all types of structures including, but not limited to, single family dwellings, multi-family dwellings, industrial and commercial buildings for compliance with all local ordinances and State and Federal laws that pertain to Building and Safety, and for compliance with the adopted Building Code. CAA thoroughly and promptly reviews all plans for compliance with all local ordinances and State and federal laws pertaining to Building Codes, and for compliance with the adopted Building Code, Plumbing professional services 23 Code, Electrical Code, Mechanical Code, Disabled Access requirements, Energy requirements, and/or Fire Code. Our approach to plan review ensures that plans submitted to CAA for review are properly tracked and processed. Our system ensures that each plan or permit is assigned, returned, and handled on time and within budget. The status of any plan can easily be determined at any point in time. Our registered professionals and certified plan examiners review all plans and calculations, thus assuring that the technical components and all code items are thoroughly reviewed. Most of our plans examiners are cross-trained and also certified as inspectors, providing a very efficient use of personnel and expediting the process for the applicant. We provide timely turnaround of plan reviews and re-reviews based on guaranteed turn-around times. Our staff also handles any coordination required as part of the review. A certified plan reviewer will conduct a reasonable and lawful plan review of submitted construction documents for compliance with the following items: ü Administrative Requirements ü Building Planning Requirements ü Occupant Needs Requirements ü Architectural ü Structural System and Material Requirements ü Mechanical, Plumbing, and Electrical System Requirements ü Energy ü Accessibility ü LEED ü Green Building Code Review All initial reviews will be returned within 5 business days for single family residential, small commercial projects, and improvement plans. Rechecks will be returned within 5 working days. These are maximum times, and we typically are able to turn around simple plan reviews in less than half the time. Examples of comments for a residential and a commercial project are included below. Single Family Dwelling 5 days Re-Review 5 days Tenant Improvements 5 days New Commercial/Industrial (< than 10 million valuation) 7 days New Commercial/Industrial (> than 10 million valuation) 15 days Revisions to Approved Plans 1-5 days professional services 24 professional services 25 f. Inspections Process CAA assigned staff will perform inspection services as required by the City. We will meet or exceed the State of Georgia’s minimum qualifications for all position(s) in accordance with O.C.G.A. § 8-2-26.1, and ensure the highest degree of compliance with safety and zoning codes. Our highly qualified and certified inspectors are thoroughly trained on the codes in use, and master the local amendments of each code. They maintain a close working relationship with planning, code enforcement and public works personnel. A CAA Building Inspector will be available at all times to conduct urgent building inspections, should they arise. A qualified Building Inspector will be provided whose background, experience, applicable certifications and demeanor demonstrates the ability to conduct inspections in accordance with jurisdictional standards. Inspectors assigned to the City will: • Coordinate all building inspection requests • Perform periodic construction inspections for compliance on projects under construction as issued by permit from the City. Each structure will be inspected for compliance with the reviewed plans, and Minimum Standards and Code adopted by the City • Perform all inspections according to the adopted building codes and local amendments • Provide inspection consultations to citizens, applicants, and contractors • Perform code clearance inspections related to business licenses, as necessary • Inspect for code compliance for accessibility, grading, building, electrical, mechanical, and plumbing work, etc. • CAA staff is trained to quickly identify and document any areas of non-compliance, and is able to suggest corrective actions or alternate means where applicable • Code enforcement violations will be reported to the City immediately. CAA will submit a written record to the City as a result of any inspection within 24 hours after inspection period • Construction and demolition permitting process • Observe all safety and security procedures, and will report potentially unsafe conditions immediately • We assure the City that all inspection turn-around times are met or improved, all inspections are conducted when requested, and emergency response is timely and effective. CAA will perform all inspections called in before 4pm no later than the end of the following business day • CAA will issue stop-work notices for non-conforming building activities as required • Provide code administration, inspection and enforcement • Provide complete, clear, concise corrections for the permit holder; corrections will be provided in a legible list and presented in a professional manner. Inspection reports will include at minimum: (a) the date and time of inspection, type of inspection,
name of inspector, list of violations, corrective actions; and (b)
authorization to proceed or professional services 26 notice of failure (whichever is applicable) • Be available with advance notice to attend meetings with staff, public officials, developers, contractors, and the general public as needed or directed in order to resolve problems and issues quickly and efficiently • Inspectors will conduct any necessary or required emergency inspections as directed by the City. Investigations will include field and office research, follow-ups and preparation of documentation • Maintain certification/registration through ongoing training when necessary • Communicate technical knowledge in simplified terms to help clients/customers comply with regulations • Inspection reports will include at minimum: (a) the date and time of inspection, type of inspection, name of inspector, list of violations, corrective actions; and (b)
authorization to proceed or notice of failure (whichever is applicable). CAA personnel will be available to discuss inspection results with appropriate site personnel, resident and/or owner, as needed • CAA will provide detailed weekly, monthly, quarterly, and annual reports of our activities to the City. The reports will include, but are not limited to, fees collected, staffing levels provided, staff hours expended, the number of inspections made, and other financial, operational, and statistical information pertinent to the services provided • Provide additional services as needed and as requested by the City g. Firm’s Availability to Milton City Hall Our concept of delivering high quality service is different than other companies who provide similar functions. CAA provides on-site staff to bridge the disconnect that can occur between municipalities and contracted service providers. CAA will designate a qualified Building Official who will available both in person at the City during designated business hours (8am to 5pm) as well as by phone and for meetings as needed. We also align our services with current City policies, making for a smooth transition that’ll go just about unnoticed by the City and the public. This method of service delivery has allowed us to retain our first client of 33 years, and we continue to be regularly commended for the staff’s commitment to excellent client and customer service by other clients as well. We will provide ICC Certified personnel to meet the City’s needs and ensure that all City inspections and plan reviews are conducted in an efficient and courteous manner that is responsive to the City and public’s needs. CAA has the experience, knowledge, and ability to manage such tasks, assignments, and responsibilities while reducing the City’s financial and staffing burdens. And when workload demands increase, CAA has the ability to add certified and qualified staff to meet a change of scope or increase in workload. CAA will provide after-hours emergency response staff as well as a backup Building Official in the absence of the Building Official, if requested. CAA assigned staff will be available to respond to emergency calls regarding building related issues. We create rotational schedules to service emergencies as they occur, with a calling order to ensure no issues are left unaddressed. CAA provides and ensures disaster service kits are maintained to respond to disasters. professional services 27 6. PRICING As requested, CAA has provided pricing in a separate document. RFP 20-CD04 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-CD04 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 professional services September 14, 2020 Honor Motes Procurement Manager City of Milton 2006 Heritage Walk Milton, GA 30004 Subject: Proposal Clarification Dear Honor Motes: Thank you for allowing Charles Abbott Associates, Inc. (CAA) the opportunity to clarify how our proposed staff will meet the requirements of the City. As outlined in our proposal, we have selected experienced and certified personnel to fill the staffing needs of the City. For a detailed list of their current certifications, please refer to the enclosed credentials. ü Certified Building Official: Steve Holder, ICC# 5189048 ü Certified Residential and Commercial Building Inspector: Joe Tkacsik, ICC# 5179562 ü Certified Residential and Commercial Plan Reviewer: Will Hart, ICC# 8405924 ü Certified Permit Technician: Dwayne Bell, ICC# 8818605 ü Certified Fire Plan Reviewer: Allen Posey, ICC# 5166132 Historically, CAA has an outstanding track record for achieving high Insured Services Office (ISO) ratings for our clients. In Georgia, CAA’s building departments are rated in the top 1%, illustrating our commitment to mitigating losses and enforcing codes to improve safety in our communities. In order to maintain our excellent ISO ratings, we require all of our inspectors to be ICC certified at all times. All our employees are highly qualified, cross trained, and employed full-time by CAA, meaning they are available to assist the City immediately. Additional certified staff will be available as needed to cover vacations, sick leave, or any increase in workload. Our main focus is to serve the City in a professional and timely manner, and our business model will ensure that the allocated resources are dedicated to ensuring staff continuity and consistency at the City. To ensure the outstanding quality and availability of our services, we are unable to deviate from the pricing offered in our original proposal, which is as follows: Fees Collected Per Project CAA’s % of Fees Fee Structure for Plan Review (not including Fire Plan Review): 45% Fee Structure for Plan Review (including Fire Plan Review): 55% Fee Structure for Inspections: 45% For projects with a valuation over 1 million, we are able to offer the following rate reduction: Monthly Fees Collected CAA’s % of Fees Projects with valuation >10,000,000 40% Fees are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to provide our services to the City. We appreciate your consideration, and trust that the level of service and personnel we provide will meet your approval! Sincerely, CHARLES ABBOTT ASSOCIATES, INC. Rusty R. Reed, President Enclosures: ICC Records 23 | RFP 20-CD04 SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (Page 1 of 3) ʕ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ʕ The offeror·s cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation 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 offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: *The City is considering two Scenarios regarding Fire Plan Review. One being in- house Fire Plan Review, and the other being to include Fire Plan Review in this contract. Offerors must provide pricing for each of the two Scenarios, as well as the Fee Structure for Inspections Review. x Scenario 1: Fee Structure for Plan Review (not including Fire Plan Review) PURYLdH IHH aV a SHUcHQWaJH RI CLW\·V cROOHcted plan review fee of a first- time review and one re-review. This fee should include all costs as necessary not including Fire Plan Review. PeUceQWage (%) Rf CiW\·V cRllecWed SlaQ UeYieZ fee. Proposed fee structure should be based on City Fee Schedule. x Scenario 2: Fee Structure for Plan Review (including Fire Plan Review) PURYLdH IHH aV a SHUcHQWaJH RI CLW\·V cROOHcted plan review fee of a first- time review and one re-review. This fee should include all costs as necessary including Fire Plan Review. PeUceQWage (%) Rf CiW\·V cRllecWed SlaQ UeYieZ fee Proposed fee structure should be based on City Fee Schedule. 45 55 24 | RFP 20-CD04 Cost Proposal Continued ~ Page 2 of 3 ʕ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ʕ x Fee Structure for Inspections review PURYLdH IHH aV a SHUcHQWaJH RI CLW\·V cROOHcted base permit fee. PeUceQWage (%) Rf CiW\·V cRllecWed baVe SeUmiW fee. Proposed fee structure should be based on City Fee Schedule. Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ Charles Abbott Associates, Inc. (CAA) Rusty R. Reed President 07/02/2020 45 25 | RFP 20-CD04 Cost Proposal Continued ~ Page 3 of 3 ʕ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ʕ Supplemental Costs: Fee Structure for Personnel in Emergency Response or other Non-Routine Requests x Hourly Rate for Certified Building Inspector: This rate should be an all-inclusive rate for Certified Building Inspector. x Hourly Rate for Certified Building Official: This rate should be an all-inclusive rate for Certified Building Official. x Hourly Rate for Certified Plan Reviewer: This rate should be an all-inclusive rate for Certified Plan Reviewer. x Hourly Rate for Certified Permit Technician: This rate should be an all- inclusive rate for Certified Permit Technician. PERSONNEL All-inclusive Hourly Rate Certified Building Inspector Certified Building Official Certified Plan Reviewer Certified Permit Technician $65 $89 $79 $45 EXHIBIT “C” See Exhibits “A and B” Fire Plan Review services will be part of the scope of work. EXHIBIT -D"STATE OF C-7eor j COUNTY OF FuMr, CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verities its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firth, 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: 337105 Federal Work Authorization User identification Numbcr Date of Authorization Charles Abbott Associates, Inc. Name of Contractor Buildina Inspections and Plan Review Services Name of Project City ol'Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on e✓ , 20 L° in (city), Ck (state). Sig�nal� e�of Authorized Officer or Agent / Printed iVam 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: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 :C.cCiLi`iC.iiGigcCCC.GCecCi-%CzCeGi.cf..S-C.CY'�Y'sS+G:�CA:f.L'Cis'eGirl'.c�CLirc�CS.'CA,CcGcfK:C.cC.f.GGGCCG%S:CCC.Gf'�!'.iiii^C.c'GCGc.'C-C,CA /lee Attached Document (Notary to cross out lines 1-6 below) ee Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) ------------------------ 3----- 4-- 5------- ------------------------------------- --- 6 Signature of Document Signer No. 1 Signature of No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of —Q SY.ERRY HALSEY Notnry Publ.: - Cal 10ma "�. CringeCounry CCmmisscn # 2217670 Mr Comm ESB, es kav 7.2021 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 3rth day of �)M-jp m6 202-C> by Date Month Year (and (2) 713 ), Namej'of Signe proved to me on the basis of satisfactory evidence to be the person appeared before me. Signature Signature of Notary PAlic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document L�Aa� --a d KCJ1�CIi�1�'r1 Title or Type of Document:e-o,-k cAn- r�r� Cav, -� Document Date: I2- IZL2- 1---1 Numbe of Pages: SignerKOther Than Named Above: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 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 Charles Abbott Associates, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Building Inspections and Plan Review Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ "N/A" EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See Exhibit “B” CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions: 1. The minor plat for Chris Gray described herein consists of 5.759 acres located on the NE corner of Redd Road and Freemanville Road. This property is to be subdivided into 3 Tracts ranging in size from 1.536 acres – 2.595 acres. 2. The minor plat for Dennis Gilreath described herein consists of 4.60 acres located at 16660 Phillips Road and is to be subdivided into 2 Tracts. The size of the lots are 1.63 acres and 2.97 acres. 3. The minor plat for Thompson Manor described herein consists of 5.677 acres located at the NE corner of Little Stone Way and Thompson Road. This property is to be subdivided into 3 Tracts ranging in size from 1 .626 acres – 2.221 acres MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, City Architect Date: Submitted on November 10, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The minor plat for Chris Gray described herein consists of 5.759 acres located on the NE corner of Redd Road and Freemanville Road. This property is to be subdivided into 3 Tracts ranging in size from 1.536 acres – 2.595 acres. 2. The minor plat for Dennis Gilreath described herein consists of 4.60 acres located at 16660 Phillips Road and is to be subdivided into 2 Tracts. The size of the lots are 1.63 acres and 2.97 acres. 3. The minor plat for Thompson Manor described herein consists of 5.677 acres located at the NE corner of Little Stone Way and Thompson Road. This property is to be subdivided into 3 Tracts ranging in size from 1.626 acres – 2.221 acres Funding and Fiscal Impact: None. Consent Agenda Plats Staff Memo Page 2 of 11 Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Chris Gray LL 743 Dist. 2 Sect. 2 NE corner of Redd Road and Freemanville Road Minor Plat Subdivided into 3 Tracts 5.759 Acres 0.52 lots / Acre 2. Dennis Gilreath LL 184 & 185 Dist. 2 Sect. 2 16660 Phillips Road Minor Plat Subdivided into 2 Tracts 4.60 Acres 0.434 lots / Acre 3. Thompson Manor LL 538 Dist. 2 Sect. 2 NE corner of Little Stone Way and Thompson Road Minor Plat Subdivided into 3 Tracts 5.677 Acres 0.528 lots / Acre Consent Agenda Plats Staff Memo Page 3 of 11 Consent Agenda Plats Staff Memo Page 4 of 11 Consent Agenda Plats Staff Memo Page 5 of 11 Consent Agenda Plats Staff Memo Page 6 of 11 Consent Agenda Plats Staff Memo Page 7 of 11 Consent Agenda Plats Staff Memo Page 8 of 11 Consent Agenda Plats Staff Memo Page 9 of 11 Consent Agenda Plats Staff Memo Page 10 of 11 Consent Agenda Plats Staff Memo Page 11 of 11 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-17 – To amend Sec. 64-395, Uses prohibited in all zoning districts (as it relates to temporary consumer fireworks retail sales facilities) MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X From: Robert Buscemi, City Architect To: Honorable Mayor and City Council Members Re: Consideration of Zoning Text Amendment – RZ20-17 – To amend Sec. 64-395, Uses prohibited in all zoning districts (as it relates to temporary consumer fireworks retail sales facilities) Date: October 27, 2020 for the November 16, 2020 Mayor and City Council Meeting (November 2, 2020 First Presentation) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: At the Planning Commission meeting on August 26, 2020 Staff presented and the Commission approved a series of text amendments related to the creation of a separate Administrative Permit solely for “temporary consumer fireworks retail sales facility” (RZ20-10, 11, 12, 14, and 16). Within RZ20-10 which addressed definitions, a new definition of the following was created: Nonstructural consumer fireworks retail sales facility means a trailer towed by a motor vehicle or a tent, canopy, or membrane (any thin, flexible or foldable layer of material used to block sun, wind or water) structure in which consumer fireworks are offered for sale to the public. This type of facility shall be prohibited and therefore, a new text amendment needed to be initiated to include it within Sec. 64-395 “Uses Prohibited in All Zoning Districts”. Planning Commission Meeting on September 23, 2020 The Planning Commission unanimously approved the proposed text amendment. Page 2 of 2 Funding and Fiscal Impact: There will be no impact. Legal Review: Sam VanVolkenburgh, Jarrard & Davis (July 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Text Amendment and Ordinance for RZ20-17 RZ20-17 - Text Amendment (As it relates to temporary fireworks retail facilities.) prepared for the City of Milton Mayor and City Council Meeting on November 16, 2020 (First Presentation November 2, 2020) Page 1 of 1 Sec. 64-395. - Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, nonstructural consumer fireworks retail sales facility, and tattoo and body art or piercing establishment. (Ord. No. 11-06-102, § 1, 6-20-2011; Ord. No. 19-03-389 , § 1, 3-18-2019) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ20-17 AN ORDINANCE TO AMEND SEC. 64-395 OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) – USES PROHIBITED IN ALL ZONING DISTRICTS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-395 to include nonstructural consumer fireworks retail sales facility is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-18 – To Create a New Use Permit – Sec. 64-1845 for Farm Winery Consumption on Premises of Beer and/or Liquor MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X From: Robert Buscemi, City Architect To: Honorable Mayor and City Council Members Re: Consideration of Zoning Text Amendment – RZ20-18 – To Create a New Use Permit – Sec. 64-1845 for Farm Winery Consumption on Premises of Beer and/or Liquor Date: October 26, 2020 for the November 16, 2020 Mayor and City Council Meeting (November 2, 2020 First Presentation) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of the proposed Use Permit is to allow the sale of beer and/or liquor on a farm winery. Farm wineries are currently allowed by right within the AG -1 (Agricultural) zoning district. An existing farm winery within the City has asked if the sale of beer or liquor can be made legal for the visitors of the farm winery who prefer to consume beer or liquor. Staff presented options to the City Council at its Work Session on August 10, 2020. Staff was directed to move forward with the creation of a Use Permit that enables the farm winery to have limited beer and liquor sales while putting parameters in place to protect the neighbors and community. There are proposed text amendments to Chapter 4 (Alcohol) of the City Code that are running concurrently to these proposed text amendments that will allow the sale of beer and/or liquor to occur on farm wineries. This item was presented at the CZIM meeting on August 25, 2020 with no one in attendance or participating via Zoom. Page 2 of 2 Planning Commission Meeting on September 23, 2020 The Planning Commission denied the proposed text amendment in a vote of 4- 2. The majority of members did not support the proposal. The y stated that by approving the Use Permit, it would be permitting a bar in the Agricultural District and it is a “slippery slope”. Staff brought the proposed use permit back to City Council on October 19, 2020 for further input based upon the results of the Planning Commission Meeting. The current draft of the proposed use permit is base d upon the discussions with the City Council and further input from Staff and the City Attorney. Funding and Fiscal Impact: There will be no impact. Legal Review: Paul Frickey, Jarrard & Davis (September and October 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Text Amendment and Ordinance for RZ20-18 RZ20-18 - Text Amendment prepared for the City of Milton Mayor and City Council on November 16, 2020 (First Presentation November 2, 2020). Page 1 of 2 Sec. 64-1845. – Farm Wineries consumption on premises of beer and/or liquor. Farm Wineries, as defined in Chapter 4 of the Milton Code, are authorized to serve beer and/or liquor for consumption on premises provided that a license therefore is issued as required by the state and under Chapter 4 of the Milton Code, and only upon the issuance of a Use Permit, subject to the restrictions described in this section. (a) Required districts. AG-1 (b) Standards. (1) The farm winery must be located on a lot with a minimum of 10 contiguous acres. (2) The owner of the subject lot shall reside on the subject lot. (3) A maximum of 25% of total gross revenue from the activities conducted on the farm winery property may be from the sale of beer and/or liquor. (4) Food must be available for purchase. This is not to be considered a requirement for a full kitchen. (5) Pertinent state and city licenses shall be obtained (occupational tax license, beer consumption on-premises, liquor consumption on-premises). (6) Permits and/or approvals shall be obtained for building, life safety, land development, and other necessary city permits. (7) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII of the City Code. (8) Among other conditions of approval, the maximum number of attendees and hours of operation and hours of deliveries may be restricted by the Mayor and City Council to protect the public's health, safety, and welfare. (9) The area where wine, beer and liquor are permitted to be served and consumed shall be identified on the site plan and shall not be allowed outside of the defined area. (10) Parking. a. Parking shall be at least 100 feet from any lot line unless the winery and adjacent lot are owned by the same person or entity at the time of approval. b. Parking areas shall be screened from roads and adjacent properties in a manner determined by the Mayor and City Council as a condition of approval to protect the public's health, safety and welfare. RZ20-18 - Text Amendment prepared for the City of Milton Mayor and City Council on November 16, 2020 (First Presentation November 2, 2020). Page 2 of 2 c. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or, with the approval by the department of public works, maybe constructed of other materials that prevents erosion of the parking area. d. One parking space per 2.5 persons authorized as the maximum occupancy for the facility or facilities serving the beer and/or liquor is to include required handicapped parking spaces. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ20-18 AN ORDINANCE TO CREATE A NEW USE PERMIT FOR FARM WINERY CONSUMPTION ON PREMISES OF BEER AND/OR LIQUOR, SEC. 64-1845 OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That the creation a Use Permit for Farm Winery Consumption on premises of beer and/or liquor (Sec. 64-1845) is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-19 - To amend Sec. 64-1121 (Use Chart within the Rural Milton Overlay District as it relates to a Farm Winery) MEETING DATE: Monday, November 16, 2020 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: __________ X X November 16, 2020 X X From: Robert Buscemi, City Architect To: Honorable Mayor and City Council Members Re: Consideration of Zoning Text Amendment – RZ20-19 - To amend Sec. 64-1121 (Use Chart within the Rural Milton Overlay District as it relates to a Farm Winery) Date: October 26, 2020 for the November 16, 2020 Mayor and City Council Meeting (November 2, 2020 First Presentation) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Within the Rural Milton Overlay District, the Use Chart categorizes use permits between Commercial, Agricultural, Institutional, Non -Single Family, and Single Family Uses. Staff proposes to assign the proposed use permit for Farm Winery consumption on premises of beer and/or liquor to the “Agricultural” Use category. In addition, “Farm Winery” is also included in the chart within “Agricultural” which is permitted by right. This category requires the least amount of development regulations since it is an agricultural related use. This item was presented at the CZIM meeting on August 25, 2020 with no one in attendance or participating via Zoom. Planning Commission Meeting on September 23, 2020 The Planning Commission recommended approval of the text amendment but not to include the Farm Winery consumption on premises of beer and/or liquor within the use chart in a vote of 6-0. Page 2 of 2 Funding and Fiscal Impact: There will be no impact. Legal Review: Paul Frickey, Jarrard & Davis (September 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Text Amendment and Ordinance for RZ20-19 RZ20-19 - Text Amendment prepared for the City of Milton Mayor and City Council Meeting on November 16, 2020 (First Presentation on November 2, 2020) Page 1 of 2 Sec. 64-1121. - Allowed use chart. The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Aircraft landing area Agricultural related activities Assisted living, personal care home Apartments Single-family homes* Amphitheatre Artist studio Daycares related to church/school Country inn Accessory structures to the SFR* Bed and breakfast Barns or riding areas* Medical lodging, group residences Townhouses/two- family Senior housing (SFR) Driving range Cemetery and mausoleum Museums Senior housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built) Exotic or wild animals Composting Places of worship Group residence for 5— 8 children Festivals or events, outdoor/indoor Equine garment fabrication Schools, private/special Greenhouses— Hydroponic, larger than 5,000 square feet* Greenhouses* Group residence for 9— 15 children Lodge, retreat, or campground Kennel* Quarries and surface mining RZ20-19 - Text Amendment prepared for the City of Milton Mayor and City Council Meeting on November 16, 2020 (First Presentation on November 2, 2020) Page 2 of 2 Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Landfill, solid waste Rural or Agricultural event facility Landscape business Farm Wineries* Medical related lodging Farm Wineries consumption on premises of beer and/or liquor Race track Recreational fields Self storage/multi Sky walk Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I zoning districts* Veterinary, veterinary hospital* *Allowed by right within zoning district. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ20-19 AN ORDINANCE TO AMEND SEC. 64-1121, ALLOWED USE CHART WITHIN THE RURAL MILTON OVERLAY OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That the amended allowed use chart within the Rural Milton Overlay District (Sec. 64-1121) is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on October 12, 2020 for First Presentation on the November 2, 2020 Regular City Council Meeting and Unfinished Business on the November 16, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: Following Councils guidance, a new Use Permit has been presented that allows Farm Wineries to apply for beer and/or liquor consumption on premises licenses. As part of the new allowance for Farm Wineries, beer and liquor consumption on premises licenses need to be added under the Farm Winery Section 4-85(c) - Licenses Issued in Chapter 4 - Alcoholic Beverages. Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses in Milton. Alternatives: None. Legal Review: Paul Frickey, Jarrard & Davis – September 10, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Chapter 4-85 Red Line Sec. 4-85. – Farm wineries. Any duly licensed Farm Winery may offer wine samples and make retail sales of its wine, other Georgia wines, and foreign wines as permitted under State law in a tasting room on the premises of the Farm Winery without additional license requirements. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special ev ents on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City Ordinances. (a) Permitted sales. A Farm Winery may sell its wine, other Georgia wines, and foreign wines as permitted under State law at retail in a tasting room or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off-premises. (b) Licensee qualifications. The qualifications for the license for sale by Farm Winery tasting room shall be the same as set forth in this Section. (c) Licenses issued. The alcoholic beverage licenses which may be issued to Farm Wineries under this Chapters are: 1) Wholesaler of Farm Winery production. A Farm Winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this Section. 2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the Farm Winery tasting room at the site which said license is issued. 3) Farm Winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on-premises shall require that all consumption shall be at the Farm Winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the Farm Winery. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter that govern on-premise consumption. 4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if approved, may be issued multiple Farm Winery licenses as provided in this Section for any single site. At the primary Farm Winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on-premises sales. For any site other than the primary Farm Winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package wine sales and consumption on-premise. 5) Special Event Alcohol License or Events Facility License . Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City Ordinances. 6) Beer and Liquor Consumption on Premises. Beer and liquor consumption on premises shall be permitted on the Farm Winery property with the issuance of a Use Permit, pursuant to Chapter 64 of this Code and subject to the associated requirements thereof, and the issuance of the appropriate licenses from the state and the City. (d) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for Farm Winery operations. (e) Hours and days of sale. Farm Wineries shall be permitted to operate only during the following hours and days of the week, as indicated: 1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 2) Sunday from 12:30 p.m. until 10:00 p.m. 3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (f) Applicable provisions. The provisions of this Chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a Farm Winery tasting room and the operation thereof. (c) Licensing limitations. The license created in accord with this Article shall be limited to Farm Winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (d) Renewals. All applications for renewal of a Farm Winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license may result in a refusal to renew the license. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND SECTION 85 – FARM WINERIES OF CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 4 - Section 85, of the Code of the City of Milton, Georgia is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance Revision to Chapter 46 Article II Sec. 46-24 for Prohibitions of Public and Private Littering MEETING DATE: Monday, November 16, 2020 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: __________ X X X November 16, 2020 X To: Honorable Mayor and City Council Members From: Robert W. Drewry, Director of Public Works Date: Submitted on October 20, 2020 for First Reading on November 2, 2020 Regular City Council Meeting and Second Reading on November 16, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance Revision to Chapter 46 Article II Sec. 46-24 for Prohibitions of Public and Private Littering. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The current municipal code addresses public and private littering requirements within Milton’s jurisdiction. The proposed update is from the Georgia’s Environmental Protection Division’s current model ordinance on litter control. Georgia’s Environmental Protection Division’s recently performed an audit regarding the City of Milton’s MS4 state permit. The results of this state audit require Milton to adopt Georgia EPD’s current litter control ordinance to meet Milton’s state MS4 permit requirements. In a recent correspondence, EPD requested an amendment to the draft ordinance. The amendment is a non-substantive change to the ordinance presented at the Council First Reading and shown as 46-26(a) paragraph 4. Funding and Fiscal Impact: None Alternatives: 1. Adopt the ordinance per staff’s recommendation. 2. Not to adopt the ordinance. Legal Review: Ken Jarrard, Jarrard & Davis, 10/1 9/20 and 11/3/2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend 46-24 Exhibit “A” to Ordinance (with amendment) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING ARTICLE 2 OF CHAPTER 46 OF THE MILTON CODE TO REVISE THE CITY’S LITTER CONTROL ORDINANCE 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, the Milton Code includes provisions relating to control of litter within the City limits; and WHEREAS, the City Council desires to amend the Milton Code to revise the City’s regulations related to control of litter, NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a regularly called council meeting on November 16, 2020, at 6:00 p.m., as follows: SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended to delete the entirety of Chapter 46, Article II – Littering, and, in its place, add those provisions set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November 2020. _________________________________ Attest: Joe Lockwood, Mayor ______________________________ Sudie AM Gordon, City Clerk EXHIBIT “A” LITTER CONTROL ORDINANCE 46-24 GENERAL PROVISIONS (a) Purpose and Intent The purpose of this Article is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this Article are: (1) Provide for uniform prohibition throughout the City of Milton of any and all littering on public or private property; and, (2) Prevent the desecration of the beauty and quality of life of the City of Milton and prevent harm to the public health, safety, environment, and general welfare, including the degradation of water and aquatic resources caused by litter. (b) Applicability This Article shall apply to all public and private proper ty within the City of Milton. (c) Compatibility with Other Regulations This Article is not intended to interfere with, abrogate, or annul any other Article, rule or regulation, stature, or other provision of law. The requirements of this Article should b e considered minimum requirements, and where any provision of this Article imposes restrictions different from those imposed by any other Article, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (d) Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Article. 46-25 DEFINITIONS (a) For purposes of this article, the following definitions shall apply: (1) “Litter” means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A., §16-7-51, paragraph 6. (2) “Public or private property” means the right of way of any road or highway; any body of water or watercourse or the shores thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. 46-26 PROHIBITION AGAINST LITTERING PUBLIC OR PRIVATE PROPERTY OR WATERS (a) It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in the City of Milton or any waters in the City of Milton unless: (1) The property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property; (2) The litter is placed into a receptacle or container installed on such property; or, (3) The person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (4) Construction site operators must control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 46-27 VEHICLE LOADS CAUSING LITTER No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway. 46-28 VIOLATIONS, ENFORCEMENT AND PENALTIES (a) Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person who has violated or continues to violate the provisions of this Article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law. (b) Evidence (1) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this Article, it shall be prima facie evidence that the operator of the conveyance has violated this Article. (2) Except as provided in subsection (1), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Article is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Article. (c) Penalties Any person who violates this Article shall be guilty of a violation and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200 and not more than $1,000; and (2) In addition to the fine set out in subsection 1 above, the violator shall reimburse the City of Milton for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Milton; and (3) The court may publish the names of persons convicted of violating this Article. (d) Enforcement All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article. CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to L’Amour Nails and Beyond Salon, 850 Mayfield Road, Suite 101B, Milton, GA 30009 MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 10, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to L’Amour Nails and Beyond Salon, 850 Mayfield Road, Suite 101B, Milton, GA 30009 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for L’Amour Nails and Beyond Salon for an incidental license for Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. This application is submitted due to the request to serve incidental wine and malt beverages. Staff has processed the application and recommends issuance of the applicable license for: Business Name: L’Amour Nails and Beyond Salon Contact Name: Phat D Dao Business Address: 850 Mayfield Road, Suite 101B, Milton, GA 30009 Type of License: Incidental Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of a Conditional Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton GA 30004 MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 10, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Conditional Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of a conditional alcohol beverage license for Milton Tavern, LLC, for consumption on premises of Wine, Malt Beverages and Distilled Spirits with Sunday Sales. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of a conditional alcohol beverage licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. This application is submitted due to the opening of a new establishment and will allow the business to obtain the required local and state licenses while completing building renovations. No sales or consumption shall be allowed in the establishment until renovation/construction is complete in accordance with the plans submitted and the establishment is in conformity with the requirements of chapter 4 of the City Code of Ordinances (staff will submit a request for approval of the final ABL once these conditions have been met). Staff has processed the application and recommends issuance of the applicable conditional license for: Business Name: Milton Tavern, LLC Contact Name: Ricky A Gerson Business Address: 13800 GA Hwy 9, Suite 3031, Milton GA 30004 Type of Conditional License: Consumption on Premises – Wine and Malt Beverages and Distilled Spirits with Sunday Sales Funding and Fiscal Impact: License fees and/or monthly excise taxes are not applicable under a conditional license. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of a Resident Alcoholic Beverage Caterer License to ‘Cue Barbecue, 13700 Hwy 9 N, Milton GA 30004 MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 10, 2020 for the November 16, 2020 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Resident Alcoholic Beverage Caterer License to ‘Cue Barbecue, 13700 Hwy 9 N, Milton GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of a Resident Alcoholic Beverage Caterer License for ‘Cue Barbecue for the provision of alcohol at private functions on private property, at special events, or at special event facilities outside the business’s current fixed location within Milton. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of a Resident Alcoholic Beverage Caterer License to businesses that properly submit an application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: ‘Cue Barbecue Contact Name: Paul Doster Business Address: 13700 Hwy 9 N, Milton GA 30004 Type of License: Resident Alcoholic Beverage Caterer License – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Richard E. Hicks as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article v of the City Charter MEETING DATE: Monday, November 16, 2020 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: __________ X X November 16, 2020 X X To: Honorable Mayor and City Council Members From: Brooke Lappin, Municipal Court Clerk Date: Submitted on 11/12/2020 for the 11/16/2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Appointing Richard E. Hicks as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter Department Recommendation: Approval. Executive Summary: The City of Milton routinely holds court sessions led by Judge Brian Hansford. As a contingency, the City wants to have a roster of judges who could preside over these sessions if Judge Hansford is not available. If and when the Council approves this list, the judges will be sworn in so that they can officially preside in Milton Municipal Court. Funding and Fiscal Impact: There will not be a fiscal impact. Alternatives: The alternative would be to cancel the court session if Judge Hansford is not available. Legal Review: Karen Pachuta, Jarrard & Davis (11.13.2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING RICHARD E. HICKS AS AN ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: WHEREAS, the Charter of the City of Milton (“City”) grants the city power to establish a Municipal Court for the purpose of adjudicating violations of the Charter, Ordinances, and other violations as provided by law; and WHEREAS, pursuant to its power under the Charter, the City Council adopted an Ordinance that governs the operation of the Municipal Court of the City, recorded as Chapter 14 of the Code of the City (“Code”); and WHEREAS, the Code permits the City Council to appoint part-time, fulltime, or standby judges as needed, with a compensation as fixed by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That Richard E. Hicks is hereby appointed as an Associate Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. That Richard E. Hicks will be compensated in the amount of $475 per session of duty as an Associate Judge of the Municipal Court; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 16th day of November 2020. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Barry L. Zimmerman as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article v of the City Charter MEETING DATE: Monday, November 16, 2020 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: __________ X November 16, 2020 X X X To: Honorable Mayor and City Council Members From: Brooke Lappin, Municipal Court Clerk Date: Submitted on 11/12/2020 for the 11/16/2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Appointing Barry L. Zimmerman as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter Department Recommendation: Approval. Executive Summary: The City of Milton routinely holds court sessions led by Judge Brian Hansford. As a contingency, the City wants to have a roster of judges who could preside over these sessions if Judge Hansford is not available. If and when the Council approves this list, the judges will be sworn in so that they can officially preside in Milton Municipal Court. Funding and Fiscal Impact: There will not be a fiscal impact. Alternatives: The alternative would be to cancel the court session if Judge Hansford is not available. Legal Review: Karen Pachuta, Jarrard & Davis (11.13.2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING BARRY L. ZIMMERMAN AS AN ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: WHEREAS, the Charter of the City of Milton (“City”) grants the city power to establish a Municipal Court for the purpose of adjudicating violations of the Charter, Ordinances, and other violations as provided by law; and WHEREAS, pursuant to its power under the Charter, the City Council adopted an Ordinance that governs the operation of the Municipal Court of the City, recorded as Chapter 14 of the Code of the City (“Code”); and WHEREAS, the Code permits the City Council to appoint part-time, fulltime, or standby judges as needed, with a compensation as fixed by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That Barry L. Zimmerman is hereby appointed as an Associate Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. That Barry L. Zimmerman will be compensated in the amount of $475 per session of duty as an Associate Judge of the Municipal Court; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 16th day of November 2020. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Keith A. Carnesale as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter MEETING DATE: Monday, November 16, 2020 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: __________ November 16, 2020 X X X X To: Honorable Mayor and City Council Members From: Brooke Lappin, Municipal Court Clerk Date: Submitted on 11/12/2020 for the 11/16/2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Appointing Keith A. Carnesale as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter Department Recommendation: Approval. Executive Summary: The City of Milton routinely holds court sessions led by Judge Brian Hansford. As a contingency, the City wants to have a roster of judges who could preside over these sessions if Judge Hansford is not available. If and when the Council approves this list, the judges will be sworn in so that they can officially preside in Milton Municipal Court. Funding and Fiscal Impact: There will not be a fiscal impact. Alternatives: The alternative would be to cancel the court session if Judge Hansford is not available. Legal Review: Karen Pachuta, Jarrard & Davis (11.13.2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING KEITH A. CARNESALE AS AN ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: WHEREAS, the Charter of the City of Milton (“City”) grants the city power to establish a Municipal Court for the purpose of adjudicating violations of the Charter, Ordinances, and other violations as provided by law; and WHEREAS, pursuant to its power under the Charter, the City Council adopted an Ordinance that governs the operation of the Municipal Court of the City, recorded as Chapter 14 of the Code of the City (“Code”); and WHEREAS, the Code permits the City Council to appoint part-time, fulltime, or standby judges as needed, with a compensation as fixed by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That Keith A. Carnesale is hereby appointed as an Associate Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. That Keith A. Carnesale will be compensated in the amount of $475 per session of duty as an Associate Judge of the Municipal Court; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 16th day of November 2020. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Jared L. Mitnick as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article v of the City Charter MEETING DATE: Monday, November 16, 2020 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: __________ X X November 16, 2020 X X To: Honorable Mayor and City Council Members From: Brooke Lappin, Municipal Court Clerk Date: Submitted on 11/12/2020 for the 11/16/2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Appointing Jared L. Mitnick as an Associate Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter Department Recommendation: Approval. Executive Summary: The City of Milton routinely holds court sessions led by Judge Brian Hansford. As a contingency, the City wants to have a roster of judges who could preside over these sessions if Judge Hansford is not available. If and when the Council approves this list, the judges will be sworn in so that they can officially preside in Milton Municipal Court. Funding and Fiscal Impact: There will not be a fiscal impact. Alternatives: The alternative would be to cancel the court session if Judge Hansford is not available. Legal Review: Karen Pachuta, Jarrard & Davis (11.13.2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING JARED L. MITNICK AS AN ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: WHEREAS, the Charter of the City of Milton (“City”) grants the city power to establish a Municipal Court for the purpose of adjudicating violations of the Charter, Ordinances, and other violations as provided by law; and WHEREAS, pursuant to its power under the Charter, the City Council adopted an Ordinance that governs the operation of the Municipal Court of the City, recorded as Chapter 14 of the Code of the City (“Code”); and WHEREAS, the Code permits the City Council to appoint part-time, fulltime, or standby judges as needed, with a compensation as fixed by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 16, 2020 at 6:00 p.m. as follows: SECTION 1. That Jared L. Mitnick is hereby appointed as an Associate Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. That Jared L. Mitnick will be compensated in the amount of $475 per session of duty as an Associate Judge of the Municipal Court; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 16th day of November 2020. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk