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Agenda Packet - CC - 04/12/2021
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 12, 2021 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rev. Dr. Jennifer Wyant, Birmingham United Methodist Church 1) CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)(Agenda Item No. 21-089) 5) PUBLIC COMMENT (General) Updated 4/12/2021 MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 2021 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 January 20, 2021 City Council Meeting Minutes. (Agenda Item No. 21-090) (Tammy Lowit, City Clerk) 2.Approval of the February 1, 2021 City Council Meeting Minutes. (Agenda Item No. 21-091) (Tammy Lowit, City Clerk) 3.Approval of a Software Subscription Agreement between the City of Milton and Rarestep Inc., for Fleet Management Software. (Agenda Item No. 21-092) (Rich Austin, Police Chief) 4.Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1.R.L. Glosson Property 310, 320, 330 & 390 Hickory Flat Rd LL 304, 345 Dist. 2 Sect. 2 Minor Plat Revise division line between Lots 1 & 3, Add recoding of Declaration of Covenants, Revise ingress-egress utility easement, Add waterline easement and updated FEMA Flood Map N/A N/A (Agenda Item No. 21-093) (Tracie Wildes, Land Development Manager) 5.Approval of an Outside Providers & Facility Use Agreement between the City of Milton and Davis Educational Services, LLC to Provide Education Camps and Classes. (Agenda Item No. 21-094) (Tom McKlveen, Parks & Recreation Manager) 6.Approval of an Outside Providers & Facility Use Agreement between the City of Milton and Wavelength Learning Group to Provide Music Camps, Classes and Lessons. (Agenda Item No. 21-095) (Tom McKlveen, Parks & Recreation Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 2021 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7.Approval of a Change Order #1 to Professional Services Agreement with Pond & Company to Provide Engineering Design Services for Morris Road Widening and Big Creek Greenway Trail Connection. (Agenda Item No. 21-096) (Sara Leaders, PE, Acting Public Works Director) 8.Approval of a Change Order to Task Order #3 with Pond & Company to Provide Engineering Design Services for Morris Road Widening. (Agenda Item No. 21-097) (Sara Leaders, PE, Acting Public Works Director) 9.Approval of a Task Order Agreement with BM&K, P.C. for the Construction Inspections of the FY21 Citywide Asphalt Resurfacing Project. (Agenda Item No. 21-098) (Sara Leaders, PE, Acting Public Works Director) 10.Approval of a Task Order Agreement with BM&K, P.C. for the Right of Way Acquisitions and Preconstruction Services for the Hopewell Road and Bethany Bend/Bethany Way Intersection Improvement Project. (Agenda Item No. 21-099) (Sara Leaders, PE, Acting Public Works Director) 11.Approval of Change Order #4 to the Facilities Landscaping, Sport Field Maintenance and Park and Field Maintenance Agreement between the City of Milton and Tri Scapes, Inc. to add the New Lakeside Park Facility. (Agenda Item No. 21-100) (David Bergmaier, Facilities Manager) 12.Approval of a Goods and Services Contract with Municipal Equipment Company, LLC for the Purchase of Fire-Rescue Structural Personal Protective Equipment. (Agenda Item No. 21-101) (Gabe Benmoussa, Fire Chief) 13.Approval of Professional Services Agreement between the City of Milton, Georgia and Digital Insurance, LLC dba OneDigital to Provide Actuarial Services to Review the City’s Current Retirement Plan and Develop an Early Retiree Health Benefit Plan. (Agenda Item No. 21-102) (Stacey Inglis, Asst. City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 2021 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 14.Approval of Revised Contract to Reflect Atlanta Retirement Partners’ Change of Broker/Dealer and Registered Investment Advisor Relationship From LPL to OneDigital. (Agenda Item No. 21-103) (Sam Trager, Human Resource Director) 15.Approval of Change Order #1 between the City of Milton and CPS HR Consulting extending Professional Services Agreement for the Completion of the Employee Engagement Survey until 9/30/2021. (Agenda Item No. 21-104) (Sam Trager, Human Resource Director) 16.Consideration of the Approval of an Application to the Georgia Department of Transportation for Funding through the FY 21 Local Maintenance and Improvement Grant Safety Action Plan. (Agenda Item No. 21-105) (Sara Leaders, PE, Acting Public Works Director) 7) REPORTS AND PRESENTATIONS 1.Swearing-in of Part-Time/Full-Time or Stand-by Judges for the Municipal Court for the City of Milton. (Agenda Item No. 21-106) (Mayor Joe Lockwood) 2.Presentation of the City of Milton FY 2020 Annual Audit. (Agenda Item No. 21-107) (Bernadette Harvill, Finance Director) 3.Proclamation Recognizing the 100th Anniversary of the Sons of the American Revolution (SAR). (Agenda Item No. 21-108) (Mayor Joe Lockwood) 4.Presentation of Cox Road Athletic Park/Field Enhancements. (Agenda Item No. 21-109) (Tom McKlveen, Parks & Recreation Manager) 5.Presentation of the City’s New Financial Transparency and Active Projects Portal. (Agenda Item No. 21-110) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 2021 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8)FIRST PRESENTATION 1.Consideration of an Ordinance to Revise and Update Regulations Related to Door-to-Door Sales. (Agenda Item No. 21-111) (Rich Austin, Police Chief) 9)PUBLIC HEARING (None) 10)ZONING AGENDA 1.Consideration of Zoning Text Amendment –RZ21-03 -Sec. 64-1609 – Swimming pool, private (As it relates to location of swimming pools on flag lots.) (Agenda Item No. 21-079) (First Presentation at March 15, 2021 City Council Meeting) (Robyn MacDonald, Zoning Manager) 11)UNFINISHED BUSINESS 1.Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2, Section 2-54 of the Code of the City of Milton, Georgia to Clarify the Council Meeting Agenda Setting Process. (Agenda Item No. 21-078) (First Presentation at March 15, 2021 City Council Meeting) (Stacey Inglis, Asst. City Manager) 12)NEW BUSINESS 1.Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals by Appointing a Board Member At-Large. (Agenda Item No. 21-112) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 2021 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2.Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 8 (0.177 acres of fee simple right of way; 0.165 acres of temporary construction easement; and one temporary driveway easement; Owner: Alireza D. Lavassani; Mortgage Electronic Registration Systems, Inc. as nominee for SunTrust Mortgage, Inc., and SunTrust Bank n/k/a Truist) (Agenda Item No. 21-113) (Sara Leaders, PE, Acting Public Works Director) 3.Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project, Parcels 3 and 6 (0.065 acres of fee simple right of way; 0.062 acres of temporary construction easement, and two temporary driveway easements; Owner: Pamela Ford Jackson, as Trustee of the PFAJ Revocable Trust Dated February 7, 2019).(Agenda Item No. 21-114) (Sara Leaders, PE, Acting Public Works Director) 4.Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 4 (0.063 acres of fee simple right of way; 0.031 acres of temporary construction easement; and two temporary driveway easements; Owner: Donald G. Stepanek; JPMorgan Chase Bank, N.A.).(Agenda Item No. 21-115) (Sara Leaders, PE, Acting Public Works Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1.Community Outreach 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT(Agenda Item No. 21-116) CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Software Subscription Agreement between the City of Milton and Rarestep Inc., for Fleet Management Software. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on March 10, 2021 for the March 15, 2021 Regular City Council Meeting Agenda Item: Approval of a Software Subscription Agreement between the City of Milton and Rarestep Inc., for Fleet Management Software Project Description: Approval of a Software Subscription Agreement between the City of Milton and Rarestep Inc., for fleet management software. This software will allow the police department to connect directly to our vehicle maintenance vendors. It will also improve efficiency related to vehicle maintenance costs, record keeping and maintenance cost projections. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: Fleet management software accounts across end-user departments Requisition Total: $3,900.00 Vendor DBA: Fleetio Financial Review: Bernadette Harvill, April 2, 2021 Legal Review: Jeff Strickland - Jarrard & Davis, LLP, March 2, 2021 Attachment(s): Software Subscription Agreement and Supplement Agreement $ * $! *#" & ( & $'$* ! *& $'$* "'!&)'& ( %*% /72/3-.'2 !# " ! ! ! ! ! " ! " ! ! !!$SULO ! 439.8 # 439.8 ! ! '>8 " ! /9>4,/1943+47-/' &$& $ & &* &"! &&$"( ! 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(“we”, “us”, or “our”) provide services (“Service”) to the eligible Ordering Activity under GSA Schedule contracts identified in the Purchase Order, Statement of Work, or similar document (“you” or “your” or “Ordering Activity”) through our websites and through our mobile apps. By both parties executing this Agreement in writing, you are agreeing to be bound by these terms and conditions (“Terms of Service”). We reserve the right to update and change the non-material Terms of Service from time to time and will provide notice to you by changing the “last updated” date above. All changes are prospective only. It is your obligation to be familiar with the most current version of the Terms of Service. Continued use of the Service after any such changes to non-material terms shall constitute your acknowledgment of and consent to such changes. You can review the most current version of the Terms of Service at any time at https://www.fleetio.com/terms. Any material updates to this agreement shall be presented to Ordering Activity for review and will not be effective unless and until both parties sign a written agreement updating these terms. Any new features, including the release of new tools and resources, shall be subject to the then-most current Terms of Service. You represent and warrant that you have the full right and power to enter into and fully perform this agreement in accordance with these Terms of Service. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity. .You must be 13 years or older to use this Service. .If you are between the ages of 13 and 18 then you must have a parent assist in registering for an account for the Service. .You must be a human. Accounts registered by “bots” or other automated methods are not permitted. .You must provide your full legal name, the legal name of your business (where applicable), a valid e-mail address, and any other information requested in order to complete the sign-up process. This information will be kept secure. You reserve the right to store and/or remove any personally identifiable information from your account. .You are responsible for maintaining the security of your password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will be solely responsible and liable for any activity that occurs within your account. In the event of any dispute between two or more parties about account ownership, you agree that we will be the sole arbiter of such dispute in our sole discretion and that our decision is final and binding. .You can create multiple logins for a single account. However, your login may only be used by one person. A single login shared by multiple people is not permitted. .You must not use the Service for any abusive or illegal purposes. You must not violate any laws, rules or regulations in your jurisdiction (including but not limited to copyright laws). You expressly agree and acknowledge that you will not submit information that would be a violation of your (or your employer’s, as the case may be) policies, including without limitation, any data protection, privacy or security policies or any data privacy laws, rules or regulations. .You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Service. .The Service is always evolving and the form and features and modules of the Service may be appended, modified, or replaced. However, in no case, will such changes materially reduce the level of functionality available to Ordering Activity. 0.We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety as well as those of our users, customers, and the public. 1.You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces; (iv) in any way use the Service to send altered, deceptive or false information; or (v) otherwise interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service. .We may grant you a limited trial period during which you will receive the Service free of charge. Thereafter, you will be charged a recurring service fee for the applicable Service Period. .Your account may be renewed at the end of each Service Period by both parties executing a new Purchase Order in writing, provided that both parties shall agree to operate under optional 30-day Extension Periods of this Agreement, if necessary, to provide time for both parties to negotiate a new Purchase Order to cover the optional Extension Period(s) and a future Service Period. If the parties to this Agreement are unable to agree to a new Purchase Order, then this Agreement shall terminate as provided herein. .You will be billed a fee for your applicable Service Period. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. .Reserved. .You must provide us with accurate billing information and keep this information up to date. .By subscribing to the Service you give us the right to bill You for fees connected with the Service such as renewal fees or fees for extra services. .Reserved. .We shall state separately on invoices taxes excluded from the fees, and the You agree either to pay the amount of the taxes (based on the current value of the equipment) or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3. .You are solely responsible for properly canceling your account. You can cancel your account at any time through the Account Settings screen. .All of your information will be immediately deleted from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information, you must export your information before canceling your account. Your information cannot be recovered once your account is canceled. .When the End User is an instrumentality of the U.S., recourse against the United States for any alleged breach of this Agreement must be brought as a dispute under the contract Disputes Clause (Contract Disputes Act). During any dispute under the Disputes Clause, We shall proceed diligently with performance of this Agreement, pending final resolution of any request for relief, claim, appeal, or action arising under the Agreement, and comply with any decision of the Contracting Officer. .All provisions of these Terms of Service relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination. See our attached Privacy Policy for information about our collection and use of your personally identifiable information (including Cookies). This Privacy Policy is expressly incorporated into these Terms of Service. For non-U.S. users, European Union General Data Protection Regulation (GDPR) compliance and Privacy Shield certification information can also be found in our Privacy Policy located at https://www.fleetio.com/privacy. We warrant that the Service will, for a period of sixty (60) calendar days from the date of your receipt, perform substantially in accordance with Service written materials accompanying it. Your sole and exclusive remedy, and our sole and exclusive liability for any breach of this warranty will be, at our sole discretion, to either fix the Service to remedy the defect or refund the applicable Service license fees paid by you for the Service, in each case on condition that you promptly notify us in writing of any alleged breach of this warranty within such sixty (60) calendar day period. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING, You understand and agree that the Service is provided “AS IS” and “AS AVAILABLE” and we expressly disclaim warranties of any kind, express or implied, including without limitation any warranty of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We make no warranty or representation and disclaim all liability regarding the results that may be obtained from the use of the Service, the correctness or completeness of the data, the security, reliability or availability of the Service, or that the Service will meet any user’s requirements. Use of the Service is at your sole risk. Even though we use secure third party vendors and hosting partners (as detailed in our Privacy Policy located at https://www.fleetio.com/privacy) to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, you understand and agree that you will be solely responsible for any damage to you (including loss of data) resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with you. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls. The above disclaimer applies to any damages, liability or injuries caused by any failure of the performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use the Service, whether for breach of contract, tort, negligence or any other cause of action. IN NO EVENT WILL WE OR OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR ARISING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S GROSS NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW. In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to you for any reason whatsoever, our maximum liability to you, shall be limited to an amount actually paid by you for the Service under the applicable Purchase Order(s) covering the applicable Service Period at the time of such claim, and shall not include punitive damages or consequential or resulting damages of any nature. All information that you post to the Service must comply with applicable copyright laws. We claim no intellectual property rights over the material you provide to the Service when such material is tagged with personally identifiable information. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personally identifiable information. We give you a personal, worldwide, royalty-free, non-assignable, non-transferable, revocable, limited and non-exclusive license to use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms of Service. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Service in any format to any third party. In addition, you may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. All right, title, and interest in and to the Service are and will remain the exclusive property of us (and our licensors, if applicable). The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries. All of the content generated by us for the Service and the software used for the Service is the property of us, our affiliates, or our suppliers, and is protected by United States of America and international copyright laws. Nothing should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service without our express, written consent. Nothing in these Terms of Service gives you a right to use any of our, our affiliates’, or our suppliers’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. We acknowledge that the ability to use this Agreement and any Feedback provided as a result of this Agreement in advertising is limited by GSAR 552.203-71. These Terms of Service shall be governed and construed in accordance with the Federal laws of the United States and without reference to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are in located outside the United States of America then by using the Service, you understand and consent to the processing of personally identifiable information on secure servers within the United States of America. For non-U.S. users, European Union General Data Protection Regulation (GDPR) compliance and Privacy Shield certification information can also be found in our Privacy Policy. Any notices or other communications permitted or required of us under these Terms of Service, including those regarding modifications to these Terms of Service, will be in writing and given to you: i) by us via e- mail (to the address that you provide) or ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. By registering with us, you understand that we may send you communications or data from us regarding the Service, including but not limited to i) notices about your use of the Service, including any notices concerning violations of use, ii) updates, and iii) promotional information and materials regarding our products and services, via email and in-app message. We give you the opportunity to opt-out of receiving messaging from us at any time by following the opt-out instructions provided in the message. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this agreement shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. No failure to exercise or enforce any right or provision of these Terms of Service shall constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. We are subject to The Anti- Assignment Act, 41 USC 6305, which governs the assignment of Government contracts. Procedures for securing such approval are set forth in FAR 42.1204. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Any claim related to this contract or the Service must be brought within six years. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. Excusable delays shall be governed by FAR 52.212-4(f). These Terms of Service, together with the underlying GSA Schedule Contract, Schedule Pricelist, Purchase Order(s), are the entire and exclusive understanding and agreement between you and us regarding the Service. These Terms of Service supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Service. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or suit brought against the U.S. pursuant to its jurisdictional statute 28 U.S.C. § 516. Notwithstanding the terms of the Federal, State, and Local Taxes Clause, the contract price excludes all State and Local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The vendor shall state separately on its invoices taxes excluded from the fees, and the Customer agrees either to pay the amount of the taxes (based on the current value of the equipment) to the contractor or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3. The Vendor recognizes that Federal agencies are subject to the Freedom of Information Act, 5 U.S.C. 552, which requires that certain information be released, despite being characterized as “confidential” by the vendor. When the end user is an instrumentality of the U.S. Government, neither this Rider, the Manufacturer’s Specific Terms nor the Schedule Price List shall be deemed “confidential information” notwithstanding marking to that effect. A negotiated purchase order would take precedence as the negotiated purchase order would demonstrate any changes to these terms to meet the ordering activity’s minimum needs. 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( 2*) " ",0% "- D>6?E:@?6523@G62==52E2:?E96+6CG:46:DDE@C652?5 AC@46DD65E9C@F89E9:C5A2CEJDF3AC@46DD@C>2K@?.63 +6CG:46D.+H:E9AC@46DD:?8:?E96-?:E65+E2E6D@7 >6C:422?5"C6=2?5 .+MD64FC:EJ2?54@>A=:2?466IA6CED 4@?7:C>E92E.+92D:?A=2466P64E:G6E649?:42=2?5 @C82?:K2E:@?2=>62DFC6D7@C52E2AC@46DD@CDE@D64FC6 A6CD@?2=52E2:?244@C52?46H:E9E96 (* 9EEAD/ 2HD 2>2K@? 4@> 3=@8D D64FC:EJ 2==2HDD6CG:46D 85ACC625J 9EEAD/ 2HD 2>2K@? 4@> 3=@8D D64FC:EJ 2==2HD D6CG:46D85ACC625J 2?5.+:D2=D@46CE:7:653J(C:G24J +9:6=59EEAD/ HHH AC:G24JD9:6=5 8@G A2CE:4:A2?E :52 KE ,'.)DE2EFD4E:G6 9EEAD/ HHH AC:G24JD9:6=5 8@G A2CE:4:A2?E :52 KE ,'.)DE2EFD4E:G6@?3@E9E96 - - + 2?5+H:DD- + AC:G24J7C2>6H@C<D "7J@F92G62?JBF6DE:@?D23@FEE9:D(C:G24J(@=:4JA=62D6 4@?E24EFD 4@?E24E SOFTWARE SUBSCRIPTION AGREEMENT BETWEEN RARESTEP, INC., DBA FLEETIO, AND THE CITY OF MILTON, GEORGIA Contract Addendum – Agreement Supplement This Contract Addendum supplements that certain Software Subscription Agreement (the “Agreement”) between the CITY OF MILTON, a Georgia municipal corporation (“City”), and RARESTEP, INC., a Delaware corporation, dba Fleetio (“Contractor”), of even date herewith, to add the following provisions thereto: 1. Conflicting Provisions. The provisions of this Contract Addendum supersede and control over any conflicting provisions written into the Master Subscription Services Agreement to which this Contract Addendum is attached. 2. Term of Agreement. The term of this Agreement (“Term”) shall commence as of the Subscription Start Date. 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 February 28 of each contract year of the Term, and further, that this Agreement shall automatically renew on March 1 of each subsequent contract year absent City’s provision of written notice of non-renewal to Contractor prior to the end of the then current contract year. Title to any supplies, materials, equipment, or other personal property, to the extent any will transfer under the Agreement, shall remain in Contractor until fully paid for by City. (The parties acknowledge that no title will transfer under the terms of the Agreement). 3. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 4. Confidentiality. Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 5. Sovereign Immunity. 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 City Council shall authorize the Mayor to execute this Agreement on behalf of City. Any provision of the Agreement requiring the City to indemnify the Contractor is only valid to the extent allowed by Georgia law. 6. Governing Law. This Agreement is governed by the laws of the State of Georgia to the extent that such laws apply to the City as a Georgia municipality and as a party to this Agreement. IN WITNESS WHEREOF City and Contractor have executed this Software Subscription Agreement, including this Contract Addendum, effective as of this , 2021. day of RARESTEP, INC., an Delaware corporation, dba FLEETIO ATTEST: By: Anthony Summerville, President [AFFIX CORPORATE SEAL] By: Kasey Powell, Corporate Secretary CITY OF MILTON, GEORGIA By: ________________________________ Joe Lockwood, Mayor ATTEST: By: _____________________________ Tammy Lowit, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plat and Revisions. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X To: From: Date: Agenda Item: Honorable Mayor and City Council Members Robert Buscemi, Community Development Director Submitted on April 1, 2021 for the April 12, 2021 Regular Council Meeting Approval of Subdivision Plat 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 R.L. Glosson property supersedes the Minor Plat previously recorded. The purpose of this revisions is to revise division line between Lots 1 & 3, add recording of the Declaration of Covenants, revise ingress-egress utility easement, add waterline easement and updated FEMA Flood Map. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. R.L. Glosson Property 310, 320, 330 & 390 Hickory Flat Rd LL 304, 345 Dist. 2 Sect. 2 Minor Plat Revise division line between Lots 1 & 3, Add recoding of Declaration of Covenants, Revise ingress-egress utility easement, Add waterline easement and updated FEMA Flood Map N/A N/A Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Outside Providers & Facility Use Agreement between The City of Milton and Davis Educational Services, LLC to Provide Educational Camps. MEETING DATE: Monday, April 12, 2021 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: __________ April 12, 2021 X X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on March 22, 2021 for the April 12, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Davis Educational Services, LLC to Provide Educational Camps. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Davis Educational Services, LLC. Executive Summary: Davis Educational Services, LLC, d/b/a Challenge Island will offer two STEM based educational summer camps in 2020. This program will offer the camps at Bethwell Community Center or Community Place. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another provider that can offer these specialized services. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Davis Educational Services, LLC. MILTON, k PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Challenge Island THIS IS AN AGREEMENT, made this day of , 202_, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and DAVIS EDUCATIONAL SERVICES, LLC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as YOUTH STEAM CAMPS & CLASSES CAMPS at the following locations: BETHWELL COMMUNITY CENTER & COMMUNITY PLACE. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON, up to a cap of $90.00. The entire balance of this surcharae for non-residents shall be paid fo the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 2 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately -owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately -owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations, ordinances and procedures (Exhibit "C"), as well as those of the FULTON COUNTY BOARD OF EDUCATION (if operating on Board of Education property), and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY may require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75'76 of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 4 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. PROVIDERS shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. Rosters for advance level teams must be submitted to the Department to verify the 50% Milton residency requirement prior to the formation of any advanced level team. 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City 5 Spring Summer Fall Winter Ideal Capacity 12 per class 12 per class 12 per class 12 per class Previous Season Participation NA NA NA NA Growth Goal for Season 8 per class 8 per class 8 per class 8 per class 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. Rosters for advance level teams must be submitted to the Department to verify the 50% Milton residency requirement prior to the formation of any advanced level team. 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): hftps://www.cityofmiltonga.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed unless Department staff direct otherwise or the actual conditions on the field remain unsafe. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fails to operate or if there is any question about safety notwithstanding the apparent operation of the lightning detection system, refer to the rules below for the Fulton County School fields. Fulton County School Fields and Cox Road Athletic Complex Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Heat & Hydration Guidelines Providers that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Cold Weather Policy Providers that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 36 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees or below, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Programs shall follow this procedure. 1.27 The PROVIDER is responsible to select qualified coaches for their program. Each Program shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 1.28 The PROVIDER shall be a business that is properly registered with the Secretary of State's office and have a business license issued by the local governing body. 1.29 The PROVIDER shall communicate to the Milton Parks and Recreation Advisory Board (PRAB) liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the PROVIDER which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies The Provider shall notify liaisons as soon as the idea for a substantial change is being considered. Upon notification by the PROVIDER, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the PROVIDER, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the PROVIDER to implement the substantial change. The approval levels are noted as follows: a. The PROVIDER only b. Department Director or his/her designee C. Milton Parks and Recreation Advisory Board d. Milton Mayor and City Council 1.30 Records of the PROVIDER or any members of the PROVIDER, that are prepared and maintained or received by the PROVIDER or any of its members in the course of providing services on behalf of Milton, are "public records" under the Open Records Act. Therefore, such records are subject to production if a request for such records is made under the Open Records Act. In the event that an Open Records Act request is delivered to the City of Milton for PROVIDER records pertaining to the service being provided on behalf of Milton, the City of Milton will require, and the PROVIDER agrees to provide, timely assistance in responding to such request. Upon receiving an Open Records Act request for PROVIDER records, the City of Milton will promptly forward the request to the PROVIDER. All responsive documents shall be provided to the City by the PROVIDER within 24 hours of the City's notification: or, if the records cannot be assembled that quickly, then within 24 hours the PROVIDER will identify what records are responsive and provide the City of Milton with a list of such records and a timeline for when the requested documents will be assembled and provided. Delivery of the Open Records Act request from the City to the PROVIDER may be delivered via email, or phone call. All Open 7 Records request responses shall be emailed to the Director of Parks & Recreation or his designee (if specified in the communication relaying the request). ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 2.6 On all of the fields at Bell Memorial Park, blue tooth interfaces to the scoreboards have been installed. There is an app available to interface with the blue tooth device which eliminates the need for the external scoreboard controllers. Go to www.singlescore.com for the app. Scoreboard control boxes may still be used under the following guidelines: a. The PROVIDER must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The PROVIDER shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The PROVIDER must turn all scoreboards off each evening at the conclusion of activities and assure that scoreboard controllers are properly secured in the storage closet. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, to the CITY within 30 days of the close of registration for each program. The list shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non-residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the PROVIDER. The PROVIDER is responsible for identifying participants who have received a scholarship such that they are not included on the City registration commission invoice. After the City has verified residency of participants, the City will issue an invoice to the PROVIDER for registration commissions and non-resident fees payable to the City and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. 4.4 PROVIDER is not allowed to require an admission fee or a parking fee to any PROVIDER event. For special tournaments and events, a team registration fee may be collected. The PROVIDER must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 10 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, 12 commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, PROVIDER, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations of the laws cited above, and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 13 ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representatives) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day -to -d y activities°of the program shall be exchanged between TOM MCKLVEEN for the CITY and -UM IC tt, for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally 14 delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: s- i 1 � 611 t Lt 101 rhok1k S _Dt W Q / -A c1. 6; ` 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. In the event of any conflict among the terms and conditions contained in this Agreement and the Facility Use Agreement, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or 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 the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for 16 any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible, (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'S own program is allowed but requires coordination with and written consent of the Department. PROVIDER must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The City reserves the right to require liability waivers, proofs of insurance, or other forms of protection from outside participants as a condition of consent to such events. 10.18 The PROVIDER is specifically not permitted to sublet facilities to any individual or organization. The PROVIDER'S Facility Use Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 10.19 The PROVIDER is allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for the PROVIDER to assist the City in funding capital projects benefitting the parks and facilities they use. The PROVIDER is not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization or individuals and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented shall be discussed with and approved by the Department Director or his/her designee. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the City property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 10.20 If damage to a field or facility occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions, damage to flooring, etc.) by the PROVIDER, the City will require the PROVIDER to pay for any and all costs necessary to repair the damaged area. The use of any form of metal cleats is strictly prohibited on the artificial turf fields. 10.21 PROVIDERs are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes all facilities, playing areas, walkways, restrooms, concession stands, dugouts, etc. 17 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year'first written above. ATTEST: SUDIE GORDON, CITY CLERK ATTEST: Print: CITY. BY: JOE LOCKWOOD, MAYOR PROVIDER- Print: R VI ER:Print: f " ! _)T , Its Its: (circle one) (Assistant) Corporate Secretary - President/Vice President (Corporation) (required if corporation) - Generat Partner_(Partnarship/Limited Partnership) Member/Manager LL )> W. EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] Speciality camps (educational, hands on STEAM programming) for ages 7-12. Kids work in small groups to solve engineering challenges and foster cooperative learning skills. Focus on engineering process, 21 st century skills, and problem solving. Summer camp activities running 4-5 days each week, 3-4 hours daily. Pricing between 175-250 weekly. participants minimum of 5 to run a camp, maximum of 20 kids per camp session. adult to student ratio 10-1 max. 19 EXHIBIT "C" City of Milton Parks Ordinances & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25- 10-1 (a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 21 4. Program representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks C) ONLY PLAIN WATER 15 ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.MCKIveen@cityofmiltonga.us 23 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT 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 Veri 'Da h ie lc Name of Contractor Name of Project City of Milton, GA Name of Public Employer 24 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on�an V , 2021 in M I (� n (city), `� state gn ture Au horized Officer or Agent Viy 1 L - bQ Vl t V.- Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,202L. *A"rrrU131-L'k— .......... r '� '•�'' CZ�TgR gym•: = r = ALEsLtti ;= K r ����''•c911NTY, 0otoe. My Commission Expires: 02 OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and Davis Educational Services, LLC the "PROVIDER." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: The PROVIDER agrees to provide a youth sports program (organized league play), to wit YOUTH STEAM CAMPS & CLASSES as a service for the City in accordance with applicable policies and procedures for youth sports providers operating on City property or City leased facilities. 2. The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this agreement. 3. The City hereby authorizes the PROVIDER to use fields and facilities as listed below: BETHWELL COMMUNITY CENTER & COMMUNITY PLACE The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 9 AM/PM TO 9 AM/PM SATURDAYS: FROM 9 AM/PM TO 9 AM/PM SUNDAYS: FROM 9 AM/PM TO 9 AM/PM DATES: JANUARY 1, 2021 TO DECEMBER 31, 2021 For Spring programming at Bell Memorial Park and/or Cox Road, ALL field usage will end on the first Sunday after July 4t" for field renovations. 26 4. In consideration for the usage of the facilities, the PROVIDER agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 6. The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents (Exhibit A). Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City prior to formation of an advanced level team. 7. The PROVIDER agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 8. The PROVIDER shall ensure that its coaches satisfy the certificati training requirements set forth in Exhibit B. INITIALED: y�d 9. PROVIDER shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the PROVIDER without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 10. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 11. The PROVIDER shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. The Parties 27 understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 12. It is the understanding of the City and the PROVIDER that nothing contained in this agreement shall be interpreted to assign to the PROVIDER any status under this agreement other than that of an independent PROVIDER. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the City and the City will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 14 For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVIDER NAME: I AMWAS A lod vk�XM(JI'll 1%lm ADDRESS CITY/STAT PHONE: I I(1' LyQ 1 WEBSITE: . C C e- m� -COF� C W � u v1G I � EMAIL: UAQUlttk 6CkaIWV e,— IsIAkA. CQ CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmilfonga.us Tom.McKlveen@cityofmiltonga.us 15. This agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the PROVIDER in the execution of the terms of this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. The PROVIDER may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 19. The PROVIDER agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 20. The PROVIDER will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 22. The PROVIDER acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the PROVIDER under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the PROVIDER is subject to the Open Records and Open Meeting laws of the state of Georgia. The PROVIDER agrees to comply with those laws. To the extent that the PROVIDER is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The PROVIDER further agrees that all books and records of the PROVIDER shall be made available to the City of Milton as and when requested for review or audit. 23. City shall have the right to terminate this Agreement upon failure of PROVIDER to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide PROVIDER with a written notice specifying PROVIDER's failure to perform, and providing PROVIDER with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that PROVIDER fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, PROVIDER shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the PROVIDER, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, PROVIDER shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the PROVIDER, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City. I understand that failure of the PROVIDER or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. PROVIDER: By` P' — Presid nt Name: rl L • �a� �e� (Typed or Printed) Date: 118.11 Attest: PROVIDER Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] 31 CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports. Advanced level team: a. A team where there is a tryout and a player is "cut" if they are not offered a spot on the team b. A team or program where there is a tryout and participants are placed on one of many teams based on their skillset/ability (an "A" level team, "B" level team, etc.) C'I IIr)FI INFO - A. Open, advertised tryouts must be held prior to advanced level team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Milton residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. INITIALED: N 16 32 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] PROVIDER must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The PROVIDER may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT/ACTIVITY KJA- ACCEPTABLE COACHING/TEACHING CERTIFICATIONS: f4 [k 33 CI-AKDINVI FDANIELS ACORO CERTIFICATE OF LIABILITY INSURANCE �-� DATE 1 111271227/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (ANC, No, Ext): (770) 934-3248 (A/C No):(770) 723-8081 Williams, Turner & Mathis, Inc. 2009 Montreal Rd. Ste. B Tucker, GA 30084 EA --MAIL INSURERS AFFORDING COVERAGE NAIC # INSURER A: Markel Insurance Company INSURED INSURER B: INSURER C : 4KD INVESTMENTS LLC dba Challenge Island INSURER D: 107 Highlands Drive Woodstock, GA 30188 INSURER E INSURER F: 6/17/2021 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE ADDL N SUBR WV POLICY NUMBER POLICY EFF MMI D/YYYY POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE ] OCCUR X CCG8722-01 6/17/2020 6/17/2021 DRMAGE TEMISESO R(EaENTED ce $ 100'000 MED EXP (Any oneperson) $ 10'000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,QO X POLICY ❑ JECOT LOC PRODUCTS - COMP/OP AGG $ Included Professional $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED aBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ ANY AUTO CCG8722-01 6/17/2020 6/17/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ pe�accidentDAMAGE $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTET ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under NIA A E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Abuse/Molestation X CCG8722-01 6/17/2020 6/17/2021 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an additional insured with respect to General Liability. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Milton Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk Milton, GA 30004 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 6, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Outside Providers & Facility Use Agreement Between the City of Milton and Wavelength Learning Group Inc., d/b/a Bach to Rock to Provide Youth and Adult Music Classes and Camps. MEETING DATE: Monday, April 12, 2021 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 X April 12, 2021 To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on March 22, 2021 for the April 12, 2021 Regular Council Meeting Agenda Item: Approval of an Outside Providers & Facility Use Agreement Between the City of Milton and Wavelength Learning Group Inc., d/b/a Bach to Rock to Provide Youth and Adult Music Classes and Camps. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wavelength Learning Group Inc. Executive Summary: Wavelength Learning Group Inc., d/b/a Bach to Rock provides the City with youth and adult music programming. This program will offer classes and camps based out of the Bethwell Community Center and Community Place. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another music provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wavelength Learning Group Inc. MILTON% 2021 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Bach to Rock THIS IS AN AGREEMENT, made this day of 2021, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and WAVELENGTH LEARNING GROUP INC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as YOUTH & ADULT MUSIC CLASSES AND CAMPS at the following locations: BETHWELL COMMUNITY CENTER, COMMUNITY PLACE & THE BACH TO ROCK FACILITY. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON, up to a cap of $90.00. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 2 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately -owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately -owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations, ordinances and procedures (Exhibit "C"), as well as those of the FULTON COUNTY BOARD OF EDUCATION (if operating on Board of Education property), and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY may require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 4 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. Rosters for advance level teams must be submitted to the Department to verify the 50% Milton residency requirement prior to the formation of any advanced level team. 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City 5 Spring Summer Winter Fall Ideal Capacity 10 per class 10 per class 10 per class 10 per class Previous Season Participation NA NA NA NA Growth Goal for Season 6 per class 6 per class 6 per class 6 per class 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. Rosters for advance level teams must be submitted to the Department to verify the 50% Milton residency requirement prior to the formation of any advanced level team. 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): https://www.cityofmiltoncia.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed unless Department staff direct otherwise or the actual conditions on the field remain unsafe. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fails to operate or if there is any question about safety notwithstanding the apparent operation of the lightning detection system, refer to the rules below for the Fulton County School fields. Fulton County School Fields and Cox Road Athletic Complex Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Heat & Hydration Guidelines Providers that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Cold Weather Policy Providers that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees or below, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Programs shall follow this procedure. 1.27 The PROVIDER is responsible to select qualified coaches for their program. Each Program shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 1.28 The PROVIDER shall be a business that is properly registered with the Secretary of State's office and have a business license issued by the local governing body. r:7 1.29 The PROVIDER shall communicate to the Milton Parks and Recreation Advisory Board (PRAB) liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the PROVIDER which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies The Provider shall notify liaisons as soon as the idea for a substantial change is being considered. Upon notification by the PROVIDER, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the PROVIDER, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the PROVIDER to implement the substantial change. The approval levels are noted as follows: a. The PROVIDER only b. Department Director or his/her designee C. Milton Parks and Recreation Advisory Board d. Milton Mayor and City Council 1.30 Records of the PROVIDER or any members of the PROVIDER, that are prepared and maintained or received by the PROVIDER or any of its members in the course of providing services on behalf of Milton, are "public records" under the Open Records Act. Therefore, such records are subject to production if a request for such records is made under the Open Records Act. In the event that an Open Records Act request is delivered to the City of Milton for PROVIDER records pertaining to the service being provided on behalf of Milton, the City of Milton will require, and the PROVIDER agrees to provide, timely assistance in responding to such request. Upon receiving an Open Records Act request for PROVIDER records, the City of Milton will promptly forward the request to the PROVIDER. All responsive documents shall be provided to the City by the PROVIDER within 24 hours of the City's notification; or, if the records cannot be assembled that quickly, then within 24 hours the PROVIDER will identify what records are responsive and provide the City of Milton with a list of such records and a timeline for when the requested documents will be assembled and provided. Delivery of the Open Records Act request from the City to the PROVIDER may be delivered via email, or phone call. All Open 7 Records request responses shall be emailed to the Director of Parks & Recreation or his designee (if specified in the communication relaying the request). ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 2.6 On all of the fields at Bell Memorial Park, blue tooth interfaces to the scoreboards have been installed. There is an app available to interface with the blue tooth device which eliminates the need for the external scoreboard controllers. Go to www.sing_lescore.com for the app. Scoreboard control boxes may still be used under the following guidelines: a. The PROVIDER must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The PROVIDER shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers; e. Scoreboard controllers must be stored at the park in the storage room; Eel f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The PROVIDER must turn all scoreboards off each evening at the conclusion of activities and assure that scoreboard controllers are properly secured in the storage closet. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. For any programming scheduled at the PROVIDER'S location, no commissions will be collected by the CITY. Further, Milton residents may be offered a discounted rate for specified programs. CITY shall be entitled to retain all non-resident fees paid by participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, to the CITY within 30 days of the close of registration for each program. The list shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non-residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the PROVIDER. The PROVIDER is responsible for identifying participants who have received a scholarship such that they are not included on the City registration commission invoice. After the City has verified residency of participants, the City will issue an invoice to the PROVIDER for registration commissions and non-resident fees payable to the City and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. 9A 4.4 PROVIDER is not allowed to require an admission fee or a parking fee to any PROVIDER event. For special tournaments and events, a team registration fee may be collected. The PROVIDER must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies 10 authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON 12 COUNTY BOARD OF EDUCATION'S trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, PROVIDER, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations of the laws cited above, and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 13 ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative (s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and Carmen Guinto for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, 14 or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Wavelength Learning Group INC DBA Back to Rock Alpharetta 3820 Schooner Ridge Alpharetta, GA 30005 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.1 1 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. In the event of any conflict among the terms and conditions contained in this Agreement and the Facility Use Agreement, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or 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 the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for 16 any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'S own program is allowed but requires coordination with and written consent of the Department. PROVIDER must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The City reserves the right to require liability waivers, proofs of insurance, or other forms of protection from outside participants as a condition of consent to such events. 10.18 The PROVIDER is specifically not permitted to sublet facilities to any individual or organization. The PROVIDER'S Facility Use Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 10.19 The PROVIDER is allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for the PROVIDER to assist the City in funding capital projects benefitting the parks and facilities they use. The PROVIDER is not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization or individuals and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented shall be discussed with and approved by the Department Director or his/her designee. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the City property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 10.20 If damage to a field or facility occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions, damage to flooring, etc.) by the PROVIDER, the City will require the PROVIDER to pay for any and all costs necessary to repair the damaged area. The use of any form of metal cleats is strictly prohibited on the artificial turf fields. 10.21 PROVIDERS are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes all facilities, playing areas, walkways, restrooms, concession stands, dugouts, etc. 17 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK ATT T: Print: Its: CowC,,�r_; (Assistant) Corporate S cretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: Print: (circle one) (PresidentfOce President (Corporation) `�nera artner (Partnership/Limited Partnership) - Member/Manager (LLC) 1:*:/:11=1111111r_1 BACH TO ROCK ALPHARETTA PROGRAM INFORMATION 2021 Beginner Guitar (Ages 8+) Beginner Guitar is an exciting group class offering at Bach to Rock. Classes are designed for 4th - 8th grade. Students will learn the basics of guitar in an interactive, group setting. Through games, music theory, and performance and start playing songs quickly! This week-long camp will culminate in a performance! Students will learn and play together in a team -like atmosphere, motivating and encouraging each other to practice and perform. Milton's Cost is $30 per student per class and we would need a minimum of 5 students. The class will run for 5 weeks. Kids N Keys (Ages 5-7) Kids n Keys offers students a playful environment where they encounter the concepts, symbols, and sounds that form the basis of music literacy. Our curriculum incorporates different types of activities and games that involve listening, movement, singing, and creative music -making. We also firmly believe that young students have the ability to make music at the keyboard even before they can read music notation. In every class, students learn to play popular melodies on the piano and prepare for a group concert. We charge $32 per student per week and will host this in our facility. We can either create a promo code for them to use through our website or we can have them scheduled through your website. The class will run for 5 weeks. Rock City (Ages 5-6) Whether they're a budding rock -star or an aspiring classical soloist, Rock City is the place to find real music education. Through dynamic musical and movement -based activities, exposure to instruments, and musically inspired story -time, your budding young musicians will develop the skills needed to read music, play simple rhythms and develop fine motor control skills that are essential for future success in playing an instrument. Our virtual camp will focus on foundational musical concepts such as fast and slow, sound and silence, high and low, and even singing and playing major scales, and with our special 'take-home' activity materials, their musical adventures will last all week long! Milton's cost is $75 per child per day with a minimum of 5 kids. This will be a half day camp from 9 am - 12 pm Monday through Friday for one week. NX EXHIBIT "C" City of Milton Parks Ordinances & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25- 10-1 (a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 21 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237, § 1, 3-16-2015) PARK/FACILITY REGULATIONS 1. Programs conducting youth activities on City facilities must have an appropriate number of adults supervising the activities conducted by the Program from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of a Program must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Programs must enact and enforce a policy of ZERO tolerance for abusive behavior while at a Program event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. All Programs are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Program is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 22 4. Program representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind I) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.MCKIveen@cityofmiltonga.us 23 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT 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 2-ts -9A Date of Authorization Name of Contractor 4xXl-k ;1 Name of Project City of Milton, GA Name of Public Employer 24 hereby declare under penalty of perjury that the foregoing is true and correct. Ex cuted on I i hP.-C4, ; 202—tin Ll i L-7) (city), l� (state). `Signature of Authori ed Officer gent 1.71 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE tQ DAY OF 0 ,202 NOTARY PUBLIC rr^^ll�� r`rrprrrrr nrrrry ...~r'w�'''i Ion OtARY • Q ms's PG. ..'�� r, LA cou4 ttt�•t My Commission Expires: 1 OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and Wavelength Learning Group Inc. the "PROVIDER." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: 1. The PROVIDER agrees to provide a youth sports program (organized league play), to wit YOUTH & ADULT MUSIC CLASSES AND CAMPS as a service for the City in accordance with applicable policies and procedures for youth sports providers operating on City property or City leased facilities. 2. The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this agreement. 3. The City hereby authorizes the PROVIDER to use fields and facilities as listed below: BETHWELL COMMUNITY CENTER, COMMUNITY PLACE & THE BACH TO ROCK FACILITY The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 8:00 AM/PM TO 9:00 AM/PM SATURDAYS: FROM 8:00 AM/PM TO 9:00 AM/PM SUNDAYS: FROM 12:00 AM/PM TO 9:00 AM/PM DATES: JANUARY 1, 2021 TO DECEMBER 31, 2021 For Spring programming at Bell Memorial Park and/or Cox Road, ALL field usage will end on the first Sunday after July 4th for field renovations. 26 4. In consideration for the usage of the facilities, the PROVIDER agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 6. The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents (Exhibit A). Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City prior to formation of an advanced level team. 7. The PROVIDER agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 8. The PROVIDER shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. INITIALED:�� 9. PROVIDER shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the PROVIDER without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 10. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 11. The PROVIDER shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. The Parties 27 understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 12. It is the understanding of the City and the PROVIDER that nothing contained in this agreement shall be interpreted to assign to the PROVIDER any status under this agreement other than that of an independent PROVIDER. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the City and the City will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVIDER NAME: DBA Back to Rock ADDRESS: 3820 Schooner Ridge CITY/STATE/ZIP: Alpharetta, GA 30005 PHONE: (678) 995-2337 WEBSITE: alpharetta.b2rmusic.com EMAIL: alpharetta@backtorock.com CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmilton.ga.us 15. This agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the PROVIDER in the execution of the terms of this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. The PROVIDER may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 19. The PROVIDER agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 20. The PROVIDER will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 22. The PROVIDER acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the PROVIDER under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the PROVIDER is subject to the Open Records and Open Meeting laws of the state of Georgia. The PROVIDER agrees to comply with those laws. To the extent that the PROVIDER is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The PROVIDER further agrees that all books and records of the PROVIDER shall be made available to the City of Milton as and when requested for review or audit. 23. City shall have the right to terminate this Agreement upon failure of PROVIDER to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide PROVIDER with a written notice specifying PROVIDER's failure to perform, and providing PROVIDER with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that PROVIDER fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, PROVIDER shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the PROVIDER, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, PROVIDER shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the PROVIDER, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City. I understand that failure of the PROVIDER or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. PROVIDER: CITY: T go By: 44�� By: ,.-� President Name: t -pj,.rn (Typed or Printed) Date: V,–15-�� Attest: PROVIDER Secretary Name: s►i t ,-z� (Typed or Printed) Date: vZ" I5 '0Z [AFFIX CORPORATE SEAL] 31 By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports. Advanced level team: a. A team where there is a tryout and a player is "cut" if they are not offered a spot on the team b. A team or program where there is a tryout and participants are placed on one of many teams based on their skillset/ability (an "A" level team, "B" level team, etc.) GUIDELINES: A. Open, advertised tryouts must be held prior to advanced level team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Milton residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. INITIALED: 32 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifir ptionc in riiffer(-nt cr>nrts PROVIDER must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The PROVIDER may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT/ACTIVITY: ACCEPTABLE COACHING/TEACHING CERTIFICATIONS: 33 Client#: 149768 BACHTOR ACORD, CERTIFICATE OF LIABILITY INSURANCE -DAT. TYPE OF INSURANCE 4/06/2021 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(les) 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). PRODUCER CONTACT NAME: Patricia Villella CBIZ Insurance Services, Inc. PHONE470-282-2532 I FAX No, Ext: (A/C, No): 2475 Northwinds Parkway E-MAIL ADDRESS: Patricia.villella@cbiz.com Suite 500 MED EXP (Any one person) s15,000 PERSONAL & ADV INJURY $1,000,000 INSURER(S) AFFORDING COVERAGE NAIC# Alpharetta, GA 30009 INSURER A: Philadelphia Indemnity Insurance Co. 18058 INSURED INSURERS: Property & Casualty Ins CO of Hartford 34690 Wavelength Learning Group dba Bach to Rock Alpharetta INSURER C 06/11/2021 12315 Crabapple Road, Suite 118 INSURER D: BODILY INJURY (Per accident) $ Alpharetta, GA 30004 INSURER E: A X INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR PHPK2135493 PHPK2135493 PHUB723152 6/11/2020 06/11/2021 EACH OCCURRENCE $11,000,000 PREMISES EaEooaurDr nce $300,000 MED EXP (Any one person) s15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F7JECOT- LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $3,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY 6/11/2020 6/11/2020 06/11/2021 COMBNGLELIMIT Ea accident) 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 06/11/2021 EACH OCCURRENCE $2000000 AGGREGATE s2,000,000 DED I X I RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? y (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 20WECAS0096 _ _ _ PHPK2135493 10/07/2020 10/0712021X PER OTH- E.L. EACH ACCIDENT $5OO OOO E.L. DISEASE - EA EMPLOYEE $500,0100 - - E.L. DISEASE - POLICY LIMIT 1 $500,000 A Crime 6/11/2020 06/11/2021 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as an additional insured when required by written contract. l9aill! IaI"11TlAM7PJn11 n q a City of Milton - Dept. of Parks & Recreation 2006 Heritage Walk Milton, GA 30004 ACORD 25 (2016/03) 1 OfIl #S2727670/M2599499 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 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 81 PV CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 5, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order #1 to Professional Services Agreement with Pond & Company to Provide Engineering Design Services for Morris Road Widening and Big Creek Greenway Trail Connection MEETING DATE: Monday, April 12, 2021 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: __________ April 12, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 2, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of a Change Order #1 to Professional Services Agreement with Pond & Company to Provide Engineering Design Services for Morris Road Widening and Big Creek Greenway Trail Connection _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for engineering and design services including the Big Creek Greenway Trail Connection and the Morris Road Widening Projects. This change order to the increase the maximum contract price by the 10% allowed in the City of Milton Purchasing Policy. The change order is needed to ensure the additional work for the Greenway project fits within the overall budget cap of the agreement. Procurement Summary: Purchasing method used: RFP Account Number: To be assigned by Finance with future task order Requisition Total: $90,000 Vendor DBA: Pond & Company Financial Review: Bernadette Harvill, April 2, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 9, 2021 Attachment(s): Change Order #1 u LTON'1rd ESTMLISHED] CHANGE ORDER #1 TO PROFESSIONAL SERVICES AGREEMENT CITY OF MILTON AND POND & COMPANY THIS CHANGE ORDER is an amendment to the Professional Services Agreement (RFP #19-PW08) ("Agreement'), incorporated herein by reference, between City of Milton and Pond & Company, Inc. WHEREAS Section 2-626(f)(6)(e) of the City of Milton Purchasing Policy states that contracts may be amended without rebidding if the amendment does "not result in a variance in price exceeding ten percent of the original contract amount'; and WHEREAS the scope and price of the work requested by the City from Pond under the Agreement has increased beyond the City's initial estimates; 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: 1. Section IILB of the Agreement is amended to increase the Maximum Contract Price by 10%, to $990,000. 2. All other provisions of the Agreement shall remain the same. CITY OF MILTON: By: Title: Mayor Name: Joe Lockwood Date: Approved as to form: City Attorney CONSULTANT: Pond &Company, Inc. By: Ti , Se for Vice President James McNabb,PE Date: 3/16/2021 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 6, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order to Task Order #3 with Pond Company to Provide Engineering Design Services for Morris Road Widening. MEETING DATE: Monday, April 12, 2021 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 X April 12, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 2, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of a Change Order to Task Order #3 with Pond & Company to Provide Engineering Design Services for Morris Road Widening. _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for engineering and design services including the Big Creek Greenway Trail Connection and the Morris Road Widening Projects. This change order to the task order is to reduce the scope and fee for the design services on the TSPLOST Morris Road Widening for only the preliminary plans phase. The change order is needed to ensure the additional work for the Greenway project fits within the overall budget cap of the agreement. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400010 Requisition Total: New amount $127,424.84 Previous amount $455,621.45 Vendor DBA: Pond & Company Financial Review: Bernadette Harvill, April 2, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 16, 2021 Attachment(s): Change Order to Task Order #3 14ILTON't M"LISHED 2 CHANGE ORDER TO TASK ORDER #3 PROFESSIONAL SERVICES AGREEMENT CITY OF MILTON AND POND & COMPANY THIS CHANGE ORDER is an amendment to Task Order #3 to the Professional Services Agreement (RFP #19-PW08) ("Agreement'), incorporated herein by reference, between City of Milton and Pond & Company, Inc. WHEREAS the parties initially entered into Task Order #3 for preliminary design plans, right of way plans, final construction plans, miscellaneous services, and construction administration at a cost not to exceed $455,621.45; WHEREAS to accommodate the addition of other work to the Agreement, and the overall budget cap of the Agreement, the parties desire to remove certain items from Task Order #3 and revise the price accordingly; 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: The contents of Task Order #3 are deleted and replaced with the following: Description of Services: The Preliminary Engineering services will consist of preliminary design plans. The final concept attached as Exhibit "A" will be the basis for the design. Pond will provide all labor, materials, and equipment necessary to assist the City of Milton in completing the tasks. A more complete description of services is found in Exhibit "A", provided that the full proposal is not part of this Task Order - only the preliminary design plan services (Phase I) and the portion of miscellaneous services for hydrology, environmental and landscaping needed to deliver preliminary design Plans. Timing: This task order will be completed within six months of notice to proceed by the City (the parties acknowledge that such notice has been given and work has begun). The proposed schedule in Exhibit A shall be modified to reflect the actual notice to proceed date given by the City. Compensation: This task order is revised so that the compensation shall not exceed $127,424.84 based upon the rates that are part of the Agreement. If the full task (preliminary design plans) cannot be completed within the compensation stated above, Consultant shall complete as much of the task as possible within the allotted budget. The parties anticipate executing a separate agreement to fund completion of the task. Attachments: Exhibit "A" Pond Proposal letter dated February 10, 2021 Attachment 1. Final Concept Layout Attachment 2. Project Schedule CITY OF MILTON: By: Title: Mayor Name: Joe Lockwood Date: Approved as to form: City Attorney CONSULTANT: Pond &Company, Inc. By: 1 e: Sefor Vice President Name: James McNabb PE Date: 04/05/2021 3500 Parkway Lane, Suite 500 T: 678.336.77401 F: 678.336.7744 Peachtree Comers, Georgia 30092 www.pondco.com February 10, 2021 Sara Leaders, P.E. Transportation Engineer City of Milton 2006 Heritage Walk Milton, GA 30004 RE: Morris Road Widening Professional Design Services Fee Proposal —Task Order #3 Pond & Company (Pond) is pleased to submit this proposal for transportation engineering and design services for the above project. The paragraph below describes the professional services and fees to accomplish the work. PROJECT UNDERSTANDING: Morris Road from Webb Road to Bethany Bend is an important three -lane collector road within the City of Milton. The road connects Windward Parkway and neighborhoods to McGinnis Ferry and the new intersection with SR 400, as well as connections with many other destinations for school, work, dining, and shopping. The limits include the roundabout at Webb Road and Deerfield Avenue through to the intersection with Bethany Bend. The preferred concept has been completed and has been included as Attachment 1. Our understanding is the City of Milton will locally fund the design and construction of the roadway improvement through the City's TSPLOST program. PROFESSIONAL SERVICES: Task Order #3 The work will consist of design and additional services, including preliminary design, Right of Way plans, and final design including final stamped submittal. This will also include environmental services, geotechnical investigations, FEMA coordination, landscaping, lighting, and Construction Administration services. Pond will provide all labor, materials, and equipment necessary to assist the City of Milton in completing the tasks as described herein. Scope of Work Phase 1: Preliminary Plans The preliminary plans will further develop the approved concept and be based on surveyed data. The plans will be completed with AASHTO and GDOT standard design requirements. This phase will also include miscellaneous services as approved by the City. The preliminary plans phase will conclude with a review by the City. It is very important that we understand early in the preliminary design process how we will coordinate the design of the multi -use trail at the end of the project around the Camp Creek crossing. This will have a major City of Milton - Morris Road Scope Task Order #3 1 Page 2 impact on the design moving forward, in terms of schedule and potential additional needs based on the design requirements. Preliminary Plans Phase Includes: • Project Management • QAQC o We will complete two internal reviews (one for geometric design and another before preliminary plan submittal to the City) • Geometric Design o Horizontal alignments laid according to the approved concept (all existing horizontal meets 35 mph speed design) • The roadway will designed for 13 inches of FDR overlayed with 2 inches of 19 mm and 1.5 inches of 9.5 mm topping as prescribed by the City • The roadway will be designed as an overlay to meet appropriate superelevation rates and leveling may be necessary to correct any out -of -range existing rates; variable rates (between 1.50% and 2.50%) could be used in an effort to reduce leveling requirements o Vertical alignments to match existing grades (dealing with SE and sub -standard vertical curves?) due to the nature of the design of overlay, the minimum overlay and cross section requirements will determine the vertical alignment and a best fit will be completed to ensure a smooth profile • the current vertical alignment near Lathene Drive does not meet speed design, the design will be completed to provide leveling at this roadway section to provide a standard k -value to meet the speed design • Roundabout Design at the intersection of Webb Road and Morris Road o Preliminary design including geometric layout and design checks (intersection sight distance, design vehicle turning templates, and fastest path analysis) • Drainage Design o Urban drainage design closed system; not including M54 analysis or design • Driveway Profiles • Signing and Marking • Signal Design o The design will include a signal modification at the intersection of Morris Road at Bethany Bend. This will include reviews from both the City of Milton, as well as Forsyth County (maintaining agency). Services not included are ITS Plans and additional traffic analysis. • Staging o Initial layout to determine feasibility, plan view only • Wall Profiles o Siting of standard walls as determined by GDOT and that do not require structural design • Preliminary Right of Way o Initial layout to review impacts and constructability and provide for cost estimate • Preliminary Erosion Control • Utility Coordination • Construction Cost Estimate • Preliminary Field Plan Review City of Milton - Morris Road Scope Task Order #3 1 Page 3 o A review by the City of Milton with comments summarized, this can Be a formal in-person meeting or a review by the City and comments sent to Pond • Additional Coordination o MARTA coordination o Sawnee Lighting coordinaiton • Determination of design for Camp Creek crossing with multi -use trail The preliminary plans will be designed to match the existing grade and profile of the roadway along Morris Road wherever possible with a design speed of 35 mph. The majority of the widening will be to the east of the existing roadway. This may require additional leveling for cross slope correction however we do not anticipate major grade changes. Cross slope correction will be kept at a minimum in order to reduce the leveling but will be verified that there is appropriate drainage It is not anticipated that any work within the FEMA regulated floodplain at Camp Creek will be required. Along the tributary to Camp Creek at Lathene Drive, FEMA coordination is anticipated due to the roadway widening and culvert extension or replacement; this FEMA coordination is identified as a miscellaneous service to be approved by the City. Drainage design for the project will be prepared with the intent of maintaining existing drainage patterns and outfalls. The design will include an enclosed drainage system to convert the surface drainage that will be collected along the curb and gutter to the existing outfalls. Wall profiles will include the design of GDOT standard walls, not MSE walls or other engineered walls requiring structural design. The staging plans will include plan view and review for locations of significant vertical changes (greater than 1 foot). The preliminary plan phase will include a submittal to the City for review and subsequent meeting to discuss comments. We will respond to 1 round of comments. Comments received at this meeting will be addressed and incorporated in the final plans phase. Phase II: ROW Plans Right of Way plans will be completed following GDOT standard design requirements and documentation. This will include a right of way set of plans with plan view and text tables for all proposed right of way and easements. It is assumed that approximately half of the parcels will need some plan revisions for right of way adjustments during negotiations. Pond's Project Manager and Engineers will be available for property owners' meetings; these meeting to include only the (12) property owners affected by the project as determined in the concept phase. The scope and fee do not include cost to cure drawings/exhibits or redesign of adjacent parcels. Phase III: Final Plans The final plans will take the comments from preliminary plans review and finalize the engineering plans. This phase will also include completion of the miscellaneous services as approved by the City. The final plans phase will conclude with a plan review by the City. Final Plans Phase Includes: City of Milton - Morris Road Scope Task Order #3 1 Page 4 • Project Management • QAQC o We will complete two internal reviews (one review to verify that all preliminary design and ROW changes have been completed, and another before final plan submittal to the City) • Final Geometric Design • Final Roundabout Design o Final design and grading plans • Final Drainage Design • Final Driveway Profiles • Final Signing and Marking • Final Signal Design o Traffic signal designs described in Phase 1 will further be refined to be suitable for construction. These plans will include incorporation of concept plan comments. This will include reviews from both the City of Milton, as well as Forsyth County (maintaining agency). Services not included are ITS Plans and additional traffic analysis. • Final Staging o Completion of staging plan view and cross sections for locations of significant vertical changes (greater than 1 foot). • Final Wall Profiles • Final Erosion Control • 2nd Utility Coordination to include relocation of impacted utilities • Construction Cost Estimate • Final Field Plan Review • Additional Coordination o MARTA coordination o Lighting coordiation The final plans will conclude with a submittal to the City for review and subsequent meeting to discuss comments. The changes will be completed and then resubmitted to the City for a last verification before stamped plans are issued. These stamped plans will be used for the Bid Plans. Pond assumes that the City will provide the bid document and will host the bidding for the project. Pond will be available to answer questions from contractors during the bidding phase. Phase IV: Miscellaneous Services This Phase includes multiple miscellaneous services including the following: Environmental Documentation • Environmental services to be kicked off with preliminary design • This will include plan reviews and coordination with the lead engineer and design of the project to ensure this meets requirements for permits. It will include the Corps Permit and GA EPD Buffer Variance. This does not include on site meetings with regulators, species-specific surveys, cultural resources surveys, purchase cost of mitigation credits, mitigation design plans or Phase I Environmental Site Assessments Ciry of Milton - Morris Road Scope Task Order #3 1 Page 5 Landscape Design • Task 1: provide landscaping design for raised median sections (service to coincide with preliminary design phase) and roundabout Geotechnical Investigations • This will include a soil survey that will be completed in accordance with GDOT standards Hydrology and FEMA coordination • Hydrology and FEMA coordination services to be kicked off with preliminary design phase • It is assumed that there will be no encroachment into the Camp Creek floodzone or floodplain. Hydrology will be reviewed for the existing culvert near Lathene Drive to verify that the existing pipe size is appropriate. The culvert can be replaced or extended per the City's determination, however, pipe inspection is not scoped. FEMA coordination will be required due to the widening and fill within the FEMA floodzone and floodplain at this location. The hydrologic model will be completed and coordinated with the City or County as appropriate. Any adjustments to the flood maps will be completed and coordinated through FEMA for approval. ROW Staking • Provide staking based on approved ROW plans. Assuming 20% re -staking Phase V: Construction Administration Pond will assist the City during the bid phase by preparing all necessary special provisions, opinion of probable cost, and attend apre-bid meeting. It is assumed that the City has their own bid documents and will advertise the project. During the bidding process, Pond will be available to provide answers on the construction plans and during construction, Pond will respond to ten (10) contractor's RFIs (request for information). We will prepare for and attend the pre -construction meeting to answer questions. During the construction phase, Pond will assist the City by periodically visiting, 1 site visit per month for 18 months, the site during construction to observe that the design intent is being executed. Services requiring additional Notice to Proceed: Bridge/Structural Design • Bridge and Structural could be completed in order to provide services needed to implement a pedestrian bridge along the northwest side of the roadway to connect the proposed trail across Camp Creek City of Milton - Morris Road Scope Task Order #3 1 Page 6 Geotech n ica I 1 nvestigations • A BFI may be required for specific drilling needs at the location of a proposed pedestrian bridge over Camp Creek, to be determined by the City • No UST (underground storage tank) investigations are included; no pavement evaluation summary MS4 Design • Preliminary MS4 Design services (tasked later) to be kicked off with preliminary design • preliminary design phase—this phase will determine the full extent of the requirements for past construction BMPs for water quality volume only. The volumes will be documented, initial sizing completed, and cost estimate/impact analysis completed. It is assumed that an infiltration test is not required when determining the type of BMP to use; GDOT policy will be followed when calculating the volumes and sizing the BM Ps o designed with vegetative Swale or pond per past conversations with the City • Final MS4 Design services to be tasked only with approval from City to move forward (should be completed as soon as possible, or early in final design phase) • Final design phase —this phase will include location siting, grading, and implementation into the proposed drainage system and include design of OCS (outfall control structure), assumed a maximum of 4 post construction BMPs o This task could be approved once the City has determined if post construction BMPs are to be provided on the project; would be recommended to be a part of the preliminary design phase to ensure appropriate impacts are captured and ROW areas are determined o Landscaping design can be included if requested by the City Landscaping Design • Provide landscaping plans to replace buffer areas Schedule Pond has estimated that all tasks above will be completed within 12 months from notice to proceed. See attached estimated design schedule included as Attachment #2. This assumes 2 -week review time for submittals to the City. ASSUMPTIONS and EXCLUSIONS Services or tasks not specifically outlined above are excluded. No additional coordination or permitting is included in this task order. CE&I services are not being provided. Lighting Design by Pond will be excluded, this task to be performed by others. PROFESSIONAL FEES Pond proposed to accomplish this task order for a proposed total lump sum fee of $455,621.45. Fee Breakdown: • Phase I: Preliminary Plans • Phase If: ROW Plans • Phase III: Final Plans • Phase IV: Misc. Services o Environmental Documentation o Landscape Design o Geotechnical Engineering o Hydrology and FEMA Coordination o ROW Staking • Phase V: Construction Administration CiTy of Milton - Morris Road Scope Task Order #3 1 Page 7 $167,424.84 $24,257.66 $138,372.22 $21,459.78 $9,041.93 $14,025.00 $15,005.38 $21,780.00 $44,254.64 Pond &Company is available to being work immediately in issuance of a signed Notice to Proceed. This to be executed under Contract RFP #19-PW08. If you have any questions or need additional information, please feel free to contact me at (470) 387-8949. Sincerely, G`4 James McNabb, PE Senior Vice President, Transportation Manager CC: Daniel R. Sabia, III, PE Attachments: 1. Concept layout 2. Project schedule for Task Order #3 No Text nor a rea,rr pi M l li a , i, l •1. > „i „ inwT 1. „i, i -, $ Fl 1111, W4 —, —, -, -. —, — — , -, MEN Or —, — --W, n ® -yRight s — Fr1 -, W W. -, y 11% Preliminary Design Phase Greemaketro trader and Plan Setup trr DADC Drainage utility coordination Hydrology staging Signal Design Signing dna Marking erasion Control Preliminary DAQC Gty Review Prellminary Plan Review Meeting Plan Revisions ROW Plans Phase Sheet Setup TextTables R OW OADC city Review Final Plans of way Purchase and rvegonations Final Plans Phase eand wan Setup 2nd Submission Final Sgnal Design Final staging Final Design OADC city Review Review Me Final Plan Revi Meeting Plan Revisions Stamped Plans Spending 73 days 45 days smys s days 5a days Wilays 10daye 5 days 3aaya 5days 5days 10 days t days 10 days 112 days s days 3days 4days 10 days 0days 9d days 0 days Gil 5days 10 Lars 5days 10 days atlays 5days Odays Mon 2/1/21 Man 2/1/21 Mon 2/15/21 on 3/1121 mo n2/8/21 Mon 2/15/21 Man 3/8/21 Mon 3/22/21 M Mon 3/29/21 rho 4/1/21 Thu 4/9/21 Phu 4/15121 W ed4/29/21 Thu 4/29/21 Thu 5/13/21 Thu 5/13/21 Thu 5/20/21 Toe 5ns/21 T Mon 5/31/21 Fri 6/11/21 Mon 6114/21 _. Mon1Dn9/n n 10/19/21 Mon Mon 11115/21 mo n 11/22/21 mon 12/6121 Mon 12/13/21 Fr i12/24121 Mon 12/27/21 Fri 12/31/21 wed 5/12/21 Fri 4/2/21 Fri 2/19/21 Fri 3/5/21 Fri F Fri 2/25/21 Fri 3/19/21 Fri 3/26121 wed 3/31/21 Wed<nnl Wed 4/31/21 Wed 4/28/21 w ed 4128/21 Wed 5/12/21 Fri 10/15/21 Wed 5/19/21 Mon 5/24/21 Fri 5129/21 Fri 5/11/21 Fri 6111/21 Fri 10/15/21 Fri 117/22 Fri 12/12/2 1 Fri 11/19/21 Fri 12/3/21 Fri 12/10/21 Fri 12/24/21 Fri 12/24/21 Fri 12/31/21 Fri 12/31/21 s.la day: a20 days 3s ss days 355410 days 5 s to 1 - 1 - 1 3 14 1 1 1e 19 20 21 : zz 22Fs,20 days zs 27 2 2 9 3D 31 lim 4RB a/11 1 ♦ 4 12/31 2 3 4 5 a 7 e w n 12 t4 15 16 17 18 ,9 20 v 22 24 zs as n 29 ger 30 31 32 Praje¢ Schedulempp Date: Wait 2DOP1 ,m sti=r .......................• l a Tnt nka.. �,e i u,noal Ta:t ou,aaon-only Manual worriespeop subtly [ pnaR. a Ahs rwy 3 Fmpess barrelful_ raawlPrna,�a M CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order Agreement with BM&K, P.C. for the Construction Inspections of the FY21 Citywide Asphalt Resurfacing Project. MEETING DATE: Monday, April 12, 2021 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: __________ April 12, 2021 X X X X To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on March 22, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order Agreement with BM&K, P.C. for the Construction Inspections of the FY21 Citywide Asphalt Resurfacing Project _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including construction inspection services for construction projects. The Public Works Department is requesting the approval of a Construction Inspection Services Task Order with BM&K, P.C. as this will provide the necessary inspector to manage the day- to-day activities for the FY21 Asphalt Resurfacing Project. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 300-4101-522260000 ($60,852.53) 300-4101-521205000 ($14,147.47) Requisition Total: $75,000.00 Vendor: BM&K, P.C. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, March 24, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 12, 2021 Attachment(s): Task Order MILTON'r ESTABLISHED 2006 TASK ORDER TO PROVIDE INSPECTION SERVICES FOR THE FY21 ASPHALT RESURFACING PROJECT THIS TASK ORDER between the parties is entered into pursuant to the above -referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting Construction Engineering & Inspection (CEI) services for the FY 21 Asphalt Resurfacing Project. This will provide daily field inspection services for the duration of the resurfacing project. The services to be provided under this task order shall ensure control of work on the project according to GDOT Standard Specification Section 105 and shall provide for continuous project inspection, oversight, and administration of the construction. Included are performing materials testing and certifying that all material suppliers and materials conform to the requirements of the contract, plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed when the FY 21 Asphalt Resurfacing Project is complete, which is estimated to be within 12 months of notice to proceed by the City. We estimate it will take one hundred (100) working days to complete this proj huect. Compensation: This task order shall not exceed $75,000.00 based upon the rate of $750/ day. The cost proposal document is attached as Exhibit "A". Attachments: Proposal Letter 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info , cityofmiltonga.us � www.cityofmiltonga.us MILTONT'� ESTA0LIS 11 ED 2006 Approved by City Council Mayor Date CITY OF MILTON: By: Title: Name: Date: City Attorney Approval as to Form: 2006 Heritage Walk Milton, GA 30004 CONS K, P.C. By: P: 678.242.2500 � F: 678.242.2499 info@cityofmiltonga.us � www.cityofmiltonga.us Bw C WNGIUNCEERING March 9, 2021 Mr. Matt FallstromI Capital Projects City of Milton RE: CITYWIDE ASPHALT REHABILITATION -2021 www.bmandkKcom BM&I<'s fee for the 2021 Citywide Asphalt Rehabilitation project is $750/day for 100 days. TOTAL: $75,000.00 Donald B. Clerici, PE President P.O. Box 878, Braselton, GA 30517 phone: 706.824.0514 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order Agreement with BM&K, P.C. for the Right of Way Acquisitions and Preconstruction Services for the Hopewell Road and Bethany Bend/Bethany Way Intersection Improvement Project. MEETING DATE: Monday, April 12, 2021 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: __________ April 12, 2021 X X X X To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on March 22, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order Agreement with BM&K, P.C. for the Right of Way Acquisitions and Preconstruction Services for the Hopewell Road and Bethany Bend/Bethany Way Intersection Improvement Project _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including right of way acquisition and preconstruction services for construction projects. This task order is for Right of Way Acquisitions and Preconstruction Services for the Hopewell Road and Bethany Bend/Bethany Way Intersection Improvement Project. Services provided under this task order are for plan review, constructability review, attend meetings as requested by City, bid preparation, review of bids, right of way coordination, determination of value, negotiation, and closing documents. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400004 Requisition Total: $50,000.00 Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, March 24, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 12, 2021 Attachment(s): Task Order MILTON\t ESTABLISHED 2006 TASK ORDER TO PROVIDE PRE-CONSTRUCTION SERVICES FOR THE HOPEWELL ROAD AND BETHANY BEND INTERSECTION PROJECT THIS TASK ORDER between the parties is entered into pursuant to the above-referenced Professional Services Agreement (RFQ #17-PWOl), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mu tu ally agree as follows: Description of Services: The City is requesting pre-construction and right of way acquisition services for the Hopewell Road & Bethany Bend Intersection Project. The services to be provided under this task order are for plan review, constructability review, attend meetings as requested by City, bid preparation, review of bids, right of way coordination, determination of value, negotiation, and closing documents. The right of way cover sheet is attached as Exhibit " A". A detailed scope of work for the right of way services is attached as Exhibit "B". Timing: This task order will be completed within 12 months of notice to proceed by the City. Compensation: This task order shall not exceed $50,000.00 based upon the rates that are part of the Agreement. Attachments: Exhibits "A" and "B" Approved by City Council Mayor Date See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGOO M I LT'S l ESTABLISHED 2006 CITY OF MILTON: By: Title: N Date: Approved as to form: City Attorney 2006 Heritage Walk Milton, GA 30004 Date: ZO 24 P: 678.242.2500 � F: 678.242.2499 info@cityofmiltonga.us � www.cityofmiltonga.us EXHIBIT "A" up 16% AV CITY OF MILTON LANV mt Law, CONVENTIONAL 11 SIGNS W�A]gCIE0C Ew. L {Ir I —i--- :.........: RIGHT OF WAY OF PROPOSED HOPEWELL ROAD AT BETHANY BEND/ BETHANY WAY PROJECT LOCATION PROJECT NUMBER MI LOOT LOCATION SKETCH J lYifR5ECi1M PAOlFCF YILWIII LI h rv� 6E01N R/Y ACql/51(IOY. IYWLYELL pplp AOMyELE WIO rsrx o+Fw .ww res ,i L S(A 101x66.79/ \ / (I 1 11. JS E 2 jj \ y4 r rx i; efm 12 91502 t'29 i AA SG 101.M JF i z9 tl�O,Y P JEpCpppE lrll55aM .l558� Er225191ya. 1011 pp, (q ,SS1 A/Y50552a.J 558F10/ E�125/91&7081 rawFa� g 8 / � E,zzsa 1.1 11" JS tt '�J� � / � i t 1 j �� :� �'• � ¢ 3 t 1, ' eF r i ,gEY(�rt�Ec11r/pp�AOApY0 ""'P. gSgEFE�/�r��516 PoIIFE MIYRAr 1001. 19 ��f10 P)MJECty �' / [[110 (MSFqLY�1[[/IM iFll9arait'ppggIBS )Soo •�rZg .... '�� $f.' 9 /j / Ilr 65E�r10� 5lAYJ9r01.70 E�22517ai.6/11 S/rs �o•�)tun 5�5 Po 91122 519 948.4011 M1 r�0 tx,wxcn Moo IM6 • 9N Itmerem 678 x)Mliia l •"OC'`` uF j• �Po EYp M/fMlJlrlM lab vvv a� Sr1 50888.00 R.K �AL9 el 1N1 R LL(a0A0 IN �FIaJYMp ��9MS Po,N(E r0fl0a.J00 5 A 101�6SIJ5 NZ scut ry rffr �u L[AGR1 OF PIGFR OF WAY PYO)ER ero a 2w +oo ��f10 P)MJECty �' / [[110 (MSFqLY�1[[/IM iFll9arait'ppggIBS )Soo •�rZg .... '�� $f.' 9 /j / Ilr 65E�r10� 5lAYJ9r01.70 E�22517ai.6/11 S/rs �o•�)tun 5�5 Po 91122 519 948.4011 M1 r�0 tx,wxcn Moo IM6 • 9N Itmerem 678 x)Mliia l •"OC'`` uF j• �Po EYp M/fMlJlrlM lab vvv a� Sr1 50888.00 R.K �AL9 el 1N1 R LL(a0A0 IN �FIaJYMp ��9MS Po,N(E r0fl0a.J00 5 A 101�6SIJ5 NZ �u L[AGR1 OF PIGFR OF WAY PYO)ER Ewa EXHIBIT "B" EXHIBIT "B" SCOPE OF SERVICES FOR RIGHT OF WAY ACQUISITION SERVICES General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. C. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre -Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals Determination of Value A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city B. Provide Project Inspection Checklist with recommendations on level of appraisal for each parcel C. City will make determination of actual level of appraisal for each parcel a. Appraisal services determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The services to be performed by the consultant may include Self Contained Appraisals at levels to be determined by the city. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. D. Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be included as determined by the City at the rates that are part of the agreement. Negotiation• Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right -of --Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-5 Form 4. Owner's Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. The City will authorize the tasks of coordination and petition preparation that will be based on rates in agreement CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #4 to the Facilities Landscaping, Sport Field Maintenance and Park and Field Maintenance Agreement between the City of Milton and Tri Scapes, Inc. to add the new Lakeside Park Facility. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X To: Honorable Mayor and City Council Members From: David Bergmaier, Facilities Manager Date: Submitted on March 24, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of Change Order #4 to the Facilities Landscaping, Sport Field Maintenance and Park and Field Maintenance Agreement between the City of Milton and Tri Scapes, Inc. to add the new Lakeside Park Facility. _____________________________________________________________________________________ Project Description: The City of Milton entered into a Facilities Landscaping, Sport Field Maintenance and Park and Field Maintenance Agreement with Tri Scapes, Inc. on December 19, 2016 to provide landscape maintenance services. The Lakeside Park Facility will be included in Contract B: Facilities Landscaping. Tri Scapes has submitted a cost proposal of $14,000 per year to provide landscape maintenance, mowing, lake care and maintenance and related services at Lakeside Park. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-6210-522140010 Requisition Total: $6,731.00 Vendor DBA: Tri Scapes, Inc. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, March 26, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 24, 2021 Attachment(s): Change Order #4 HOME OPTHE BEST QUALITf OF LIFE IN GEORGIA' MIUJFON%� ESTABLIS I -IED 2007 CHANGE ORDER #4 FOR FACILITIES LANDSCAPING, SPORT FIELD MAINTENANCE AND PARK AND FIELD MAINTENANCE AGREEMENT WHEREAS, the City of Milton, Georgia and Tri Scapes, Inc., have entered into a Maintenance Agreement dated December 19, 2016, and Change Orders #1, #2 and #3, all of which are incorporated herein by reference (and are collectively the "Agreement"); and WHEREAS, the City desires to add additional services to the Agreement; and WHEREAS, pursuant to Section 2-626(b)(6) of the City's Purchasing Policy, the City has selected Tri Scapes, Inc. as a "brand name" provider of this service due to the operational effectiveness of combining the additional service with Tri Scapes' current landscaping services for the City; NOW THEREFORE, the parties agree to amend the Agreement as follows: To reflect the addition of maintenance of Lakeside Park, Section III.A is amended by replacing the first sentence with the following: "The total amount paid to Contractor in any Term shall be the lump sum price of $404,784.77, the sum of all pass-through costs authorized in writing by City, and the sum of all hours worked, materials used, and supplemental costs incurred in performing all approved Supplemental Work Orders at the unit prices set forth in Exhibit "B". This price change reflects the addition of $6,731.00 to the Agreement price ($14,000 annual cost for Lakeside Park maintenance quoted by Tri Scapes prorated for 25 weeks of service). 2. Exhibit A, Contract B is amended by adding to Table B.I. "Facility Locations" facility number 18 for Lakeside Park located at 870 Mayfield Rd, Milton GA 30004. The Scope of Work required for this facility is attached hereto as Exhibit "A". Service for this facility shall begin April 13, 2021 and end with the expiration of the Agreement on September 30, 2021. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] M I LTO N'*, e911/111011/1/1j°°0° GOES,,//V ° 0 . �QORATF ' '. i [ ESE L] - . •G EO?�G1P`�. 11111161/1111 CITY OF MILTON, GEORGIA In Joe Lockwood, Mayor Date: Attest: Print Name: Tammy Lowit Its: City Clerk Approved as to form: City Attorney CONTRACTOR: TRI SCAPES. dNO Print Name: it( Presiden ice President (Corporation) Date: 31-4 );& Attest/Witness: Print Name: Its: A-Cis'4041r aC-(&far'y ((Assistant) Corporate Secretary if corpoiation) [CITY SEAL] 2 MI LTON' ' EXHIBIT "A" EXHIBIT A ATri Sca4 INC. Lake Park - 870 Mayfield Rd. Contract B: Facility Landscaping A. General Requirements 1. Contractor shall furnish all horticultural supervision, labor, material, equipment and transportation required to maintain the landscape throughout the contract period. Provide and furnish all labor, materials and equipment required or inferred from Specifications to complete the Work. The construction and placement of the sod shall be sequenced in such a manner as to allow proper root growth and establishment prior to the completion of the project and acceptance by the Owner. 3. All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 4. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the yard area for disposal shall be transferred to the provided 30 cubic yard dumpster immediately. If any question arises about disposal it will be the contractor responsibility to notify the City for instructions. Scattering or wasting debris along the r/w or edge of wood lines will not be permitted without prior approval. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior to any rotation. The rotation of certified staff with non - certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry or by their actions and demeanor have failed to display the character and professionalism required by the City. 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 6. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the Project Manager and the City, but the final required times will be at the City's discretion. In the event that the designated Project Manager terminates employment with the Contractor or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City's prior approval. 8. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be unreasonably withheld. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 10. Contractor will be responsible for replacing any flowers/shrubbery/trees damaged and/or killed by mowers, edgers, trimmers or pesticide applications. 11. Contractor will keep all mower blades sharp and in good condition at all times during mowing. The grass blades shall be cut sharply and cleanly. Turf shall be cut so that no ridges remain in the finished cut. The direction of mowing shall be alternated to minimize ruts and matting. B. Porter Services 1. Empty trash cans and dog waste stations as needed or when they are '/2 full or greater. Replace with appropriate trash liners. Trash cans and dog waste stations will be inspected, at a minimum, once per week throughout the year. C. Turf Maintenance Turf Mowinq Lawns shall be mowed at the appropriate height to keep a neat appearance. Considering the topography, the Contractor is required to use the proper mowing equipment to provide a high-quality cut and minimize the occurrence of unnecessary scalping due to uneven terrain. Excessive clippings are to be collected and removed from the job site at the end of each visit. Clippings are not to be left overnight for removal the following day. The use of bagging attachments is recommended but not required. Permanent fixtures in the turf areas are to be trimmed with weed -eaters to avoid unsightly growth at the base. Care is to be taken at all times when operating around fixtures to prevent damage to them. 2. Turf Ed - ing 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 Edging and trimming along curbs, walks, bed edges and tree rings shall be done to keep a neat appearance. All hard edges shall be mechanically edged twice per month during the growing season. Mow strips shall be treated with a non-selective herbicide as needed. Turf along curbs and sidewalks that cannot be addressed with routine edging operations due to broken curbs or uneven borders are to be treated chemically and/or physically removed with a spade. Edging that cannot be addressed during regular visits, due to vehicle obstructions, is to be discussed with the City to achieve a solution. 3. Turf Fertilization & Weed Control Well-balanced fertilizer shall be used to maintain a healthy green color and shall be applied based upon Contractor's knowledge and needs of the area. All lawn areas shall be treated with crabgrass prevention and broadleaf weed control products as necessary. Trash and Debris Removal During routine maintenance visits the Contractor is responsible for removing trash and debris from the property. Contractor may utilize the 30-cy dumpster at the Public Works yard. 5. Aerating Aerating turf is required a minimum once per year (with year -one being skipped). Use equipment with hollow tines that removes a soil core. Aeration activities shall be scheduled to coincide with active growth period of the turf species, avoid hot weather conditions, and avoid peak time of crabgrass and other weed seed germination. Landscape Services Curbs, sidewalks, etc., are to be cleaned with mechanical blowers and/or brooms to maintain a neat appearance. Heavy accumulations of sand, gravel, leaves, etc., are to be removed with a shovel and brooms if blowers provide unsatisfactory results. D. Tree and Shrub Maintenance 1. All plant and tree material is to be pruned in a manner to provide a neat natural appearance. Limbs that obstruct buildings, walkways or vehicular traffic shall be removed. Shearing and selective pruning techniques are left to the discretion of the Contractor. Shrubs shall be pruned to retain their natural shape, to promote bloom, and to meet accepted horticultural practices. 3. Growth shall be kept from encroaching on signs, walkways, driveways, and ventilation units. 4. All formal hedges shall be sheared to maintain desired shape and height. 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 5. Ornamental flowering trees are to be pruned at the proper time of year to encourage maximum flower production. 6. Dead or damaged portions of plants shall be removed whenever possible. 7. All plant material will be fertilized with a balanced slow release fertilizer in the dormant season and supplemented throughout the year as necessary to maintain vigorous healthy plant material. 8. Contractor shall monitor trees and shrubs for signs of disease and insect infestations. If plants are affected appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem. 9. Deep cut selective pruning and hard cutbacks will be performed on plant material during winter months, for corrective and restorative purposes. City shall be informed before any drastic cutbacks are performed. 10. All mulched shrub beds, maintained natural areas and walking paths, are to be treated with pre -emergence and post -emergence chemicals to control weeds. Weeds more than 2" tall are to be removed by hand and disposed of. Weeds less than 2" tall are to be treated with legally approved post -emergence herbicides. 11. All pruning debris is the responsibility of the Contractor. No debris may be disposed of onsite without the expressed permission of the City. D. Ground Cover and Beds Open ground between plants shall be kept weed -free using mechanical or chemical methods. All plant material shall be free of insect and disease. At all times public and environmental safety is to be considered when applying pesticides. E. Landscape Services Groundcovers shall be fertilized, with a complete fertilizer, as appropriate and as recommended by the Contactor. Litter and debris shall be removed during maintenance visits in order to ensure a neat appearance. Soil surfaces shall be raked smooth and cultivated regularly. Vines shall be trimmed neatly against supporting structures and kept within bounds. Groundcovers shall be kept trimmed within curbs and along walkways. They shall not be allowed to grow into or through shrubs or other plantings. Sign faces and windows shall be kept clear of encroaching growth. Mulchinq Contractor shall maintain a minimum of 3" of course organic mulch at all times over bare soil areas surrounding shrubs. Mulch shall be applied so that it is below grade (curb, edging, etc.) by half an inch. Some additional grading preparation and grading of areas adjacent to sidewalks or edging, etc. may be required to keep the finish grade of the mulch at an appropriate level. 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 G. Irrigation Services 1. Contractor shall provide expertise and all labor to water all areas as required. 2. Contractor shall inspect, test and insure proper time clock operations. This includes monitoring the irrigation sprinkler system to ensure that watering times are properly set, using the least amount of water necessary throughout the year. The controllers shall be programmed according to seasonal requirements and to ensure that all sprinkler heads are adjusted properly to maximize effective use of water on landscaping and to minimize overflow of water onto sidewalks, driveways, streets and buildings. 3. The sprinkler system will be checked after each mowing for any damage, damages which occur as a result of the Contractor's own labor, shall be repaired by Contractor at Contractor's expense, within 48 hours. 4. The system shall be thoroughly evaluated at the time that the Contractor begins work on the property. This evaluation, along with cost estimates to bring the system to acceptable working conditions, shall be given in writing to the City. The cost of this evaluation shall be included in the Scope of Work, but any necessary repairs shall be at the City's expense, if approved. 5. Throughout the contract term the Contractor shall present repairs and maintenance requirements to the City immediately. The City agrees to be financially responsible to replace and repair time clocks and related valves in a timely basis. Invoices presented without the proper authorization will not be accepted or paid. 6. Contractor shall at no additional cost, fully cooperate and respond to assist and repair malfunctioning sprinkler systems on a 24-hour basis, seven days a week. 7. Contract price shall include a system start-up and winterization. Exterior Color 1. Spent or dead blooms, including stems, declining foliage and plant debris shall be removed to encourage continued blooming and maintain a neat appearance. Plants shall be fertilized with either a balanced liquid or bloom -inducing fertilizer to promote lushness and colorful displays. Landscaping Services 1. The Contractor is responsible for monitoring the water needs of all seasonal color beds and coordinating the appropriate irrigation settings. It is the responsibility of the Contractor to arrange for and oversee watering of the planters and un -irrigated beds. 3. Plants shall be monitored for the presence of insects or diseases and shall be treated 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 accordingly. An Integrated Pest Management (IPM) strategy, emphasizing least toxic choices, preventative cultural practices and most effective and cost-efficient results shall be implemented. 4. Plants shall be watered as required to promote optimum growth. Contractor shall make provisions to provide watering services up to two times per week for non- irrigated areas such as containers. If further watering is necessary, Contractor shall notify the City. 5. Soil shall be cultivated periodically to promote adequate aeration and to counteract the effects of soil compaction. Soil surfaces shall be left smooth to maintain a neat appearance. Litter shall be removed as color is generally in a focal area. Color beds and containers shall not be void of plant material at any time. Should any plant material need to be replaced due to any type of damage a proposal for replacement shall be submitted and approved by the City prior to replacement. The City agrees to be financially responsible to replace plant materials on a timely basis. J. Other Services 1. Spring Clean -Up shall be performed as follows and should be included in the pricing. Spring cleanup shall include, but not be limited to, leaf removal from all beds, turning flower beds as appropriate, remove winter wrapping and remove any sand and gravel from beds and lawns. 2. Fall Clean -Up shall be performed as follows and should be included in the pricing. Fall clean up shall be in late fall after all leaves have fallen from the trees in the area. Work shall include, but not be limited to, leaf removal from all areas of the property, removal of all dead annual plantings, cut back perennial plantings appropriately, wrap trees to prevent sunscald, covering of beds necessary to protect plants, etc. K. Additional Services 1. Remove blockages from the outlet control structure (under the pier) and debris and trash accumulated inside the outlet control structure at every visit Remove floating trash and debris along the water line of the lake at every visit New and unforeseen work will be classed as extra work when determined by the City that such work is not covered by these specifications. Upon notification that extra work will be required, the Contractor shall submit an itemized, written cost proposal for such work to the City. The City shall retain the right to reject such cost proposal and perform the extra work with City workers or other contractors. Should the proposal be acceptable to the City, the Contractor shall be advised in writing and upon receipt of such written notification, shall begin the work within ten (10) working days or as agreed to between the Contractor and the City. 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 The Contractor shall do such extra work in accordance with the agreement for extra work and with the provisions of these specifications and shall furnish all labor, materials and equipment. Payment for extra work performed shall be as agreed to by the Contractor and the City. Compensation for material will be the responsibility of the City; however, the Contractor must provide invoice copies to be compensated for material at all times. 5. The Contractor should be able to provide landscape design recommendations for new plantings. Cost will be charged on an hourly rate basis as requested by the City. 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 INC. Company Address 1595 Peacchtree Parkway Created Date 1/18/2021 Suite 204-396 Quote Number 00000578 Cumming, GA 30041 United States Reference Lakeside Park: 2021 Maintenance Estimate Prepared By Kate Chafin Contact Name Tom Mcklveen Email kate@triscapes.com Bill To Name Bill To Lump Sum Proposal Notes City of Milton 2006 Heritage Walk Milton, GA 30004 1.00 Ship To Name City of Milton Proposal Notes This is an estimate for yearly maintenance at Lakeside Park. $14,000.00 Total Price $14,000.00 $14,000.00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Goods and Services Contract with Municipal Equipment Company, LLC for the Purchase of Fire-Rescue Structural Personal Protective Equipment. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X X To: Honorable Mayor and City Council Members From: Gabe Benmoussa, Fire Chief Date: Submitted on March 22, 2021 for the April 12, 2021 Council Meeting Agenda Item: Approval of a Goods and Services Contract with Municipal Equipment Company, LLC for the Purchase of Fire-Rescue Structural Personal Protective Equipment _____________________________________________________________________________________ Project Description: One of the key pieces of safety equipment for firefighters is their structural firefighting protective ensemble. This includes pants, jackets, boots, the helmet, and additional items. The specifications for this equipment are based on the individual department needs. Milton is currently at the end of its current contract for this critical protective equipment, and this item was rebid in 2020. Municipal Equipment Company, LLC was awarded the contract based on the city’s purchasing policies. Approving this contract will allow us to keep our firefighters safe, provide them gear that aligns with what is already in use in the department through September 30, 2025. Procurement Summary: Purchasing method used: RFP Account Number: 100-3510-531700002 (Fire) Requisition Total: Blanket PO Vendor DBA: Municipal Equipment Co, LLC Financial Review: Bernadette Harvill, March 22, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – March 12, 2021 Concurrent Review: Steven Krokoff Attachment: Goods and Services Contract 1 GOODS AND SERVICES PURCHASE CONTRACT Fire-Rescue Structural Personal Protective Equipment This Goods and Services Purchase 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, GA 30004 (hereinafter referred to as the “City”), and Municipal Equipment Company, LLC, a Florida Limited Liability Company, having its principal place of business at 408 Bif Court, Orlando, Florida 32809 (herein after referred to as the “Contractor”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to obtain certain goods and related support services; and WHEREAS, Contractor has represented that it is capable of providing goods meeting the City’s specifications, and is qualified by training and experience to perform the related services; 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 Agreement, any Order sent by the City under this Agreement, and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City’s Request for Proposals Exhibit “B” – Contractor’s Proposal (Contractor’s terms and conditions removed) Exhibit “C” – Insurance Certificate Exhibit “D” – Contractor Affidavit Exhibit “E” – 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. Supply of Goods. The City has requested proposals for provision of fire-rescue personal protective equipment, specifically overcoats and pants, attached hereto as Exhibit “A”, and the Contractor has submitted a proposal to supply these goods (the “Goods”), attached hereto as Exhibit “B”. The Contractor agrees to supply the Goods to the City in accordance with Exhibits “A” and “B”, and the following terms and conditions: A. Quantity. The Contractor shall supply the Goods in such quantities as the City requires, with quantities to be specified in further purchase orders issued by the City. The City reserves the right to purchase like goods and services from other vendors. The City guarantees no maximum or minimum purchase. The Parties agree that the City may order these items separately or in pairs from the Contractor throughout the Term. B. Timing. The Goods shall be delivered within 120 days of measuring an individual. Promptly upon measuring, Contractor shall send a confirmation email to Milton’s Fire Support Services that the order has been received and is in production process. C. Individual Purchase Orders. Each individual purchase of Goods shall begin with a written order (“Order”) on a form provided by the City. Unless otherwise specified by on the Order, the invoicing and shipping addresses will be Attn: Purchasing Department, 2006 Heritage Walk, Milton, GA 30004. The following terms and conditions will govern each Order: i. Acceptance of each Order shall occur upon Contractor’s acknowledgment of the Order, shipment of any 2 Goods, or commencement of any work on Goods described by the Order. The Order shall be void unless signed by the City in accordance with the City’s purchasing policy. Acceptance of each Order and any attachments constitutes a contract between Contractor and City, and this Agreement is made a part and a condition of the contract. ii. The Contractor shall affix the Order number on all invoices, packages and documents related to each Order. iii. A shipping memo showing the Order number must accompany all deliveries. iv. All Goods required in a single Order shall shipped together unless partial shipments are authorized in writing by the City. v. Acceptance of each Order is expressly limited to the terms stated in the Order and in this Agreement. If the Contractor objects to any terms stated in the Order, it shall notify City in writing within ten days of the date of the Order, and withhold shipment of the Good(s) listed therein until the controversy is resolved. Any oral or written acknowledgment or confirmation of any Order, any shipment of the Goods ordered, or the furnishing or any services pursuant to any Order shall, notwithstanding the terms of such acknowledgment or confirmation, constitute acceptance by the Contractor of each and all of the terms and conditions stated herein. D. Shipping and Delivery. The Goods shall be shipped via FedEx or UPS within the week of completion. Packaging and packing of Goods shall insure safe arrival at their destination, secure lowest transportation cost, and conform with requirements of common carriers. The Contractor shall be responsible for any additional charges resulting from deviation from City’s routing instructions. Contractor shall bear risk of loss or damage to Goods from shipment until delivery and inspection at the shipping address, with inspection to occur within seven business days of delivery. Defective or inaccurate shipments will be returned at Contractor’s expense. Notwithstanding Contractor’s delivery of any Goods, Contractor shall also bear risk of loss or damage to Goods beginning from the time that City gives notice of rejection of Goods pursuant to the inspection provisions above. E. Compensation. The amount paid as compensation for any Order shall be calculated based on the number of units ordered at the per-unit price set forth in Exhibit “B” ($1,715/coat; $1,665/pant; $3,380/set of coat and pants) plus Contractor’s actual shipping costs. The prices set forth in Exhibit “B” shall be valid for at least one year from the Effective Date. A 5-8% annual increase, which is given annually by the manufacturer, may be applied to the prices, provided the Contractor notifies the City in writing at least 30 days prior to any increase in price. F. Terms Added by Contractor. The City will not be bound to any additional or different terms transmitted by Contractor or included in Contractor’s package, invoices, catalogs, brochures, technical data sheets, or other documents. The City will in no event be bound by silence or acceptance of Goods to any terms and conditions other than those stated in this Agreement. G. Warranty. Contractor warrants that any Goods supplied to City are of merchantable quality, free from defect, conform to all specifications set out in any Order, are fit for the purpose for which such goods are ordinarily employed and for the particular declared City purpose. If the Goods contain any component parts covered by separate warranties not automatically enforceable by the City, Contractor shall assign such warranties to the City. H. Compliance with Law. The Contractor specifically guarantees that: i. The Goods will be produced and shipped in compliance with the Federal Fair Labor Standards Act, the Federal Occupational Safety & Health Act, and DOT Hazardous Materials Regulations. ii. If the Goods are “articles of wearing apparel” “fabrics” “interior furnishings”, or “related material”, covered by the Federal Flammable Fabrics Act, or similar state laws, then unless the Goods are exempted from the provisions of said laws, reasonable and representative tests have been made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act and the Goods have been shown not to be so highly flammable as to be dangerous. iii. All Goods and elements of Goods supplied to the City are free of any infringement of a US or international copyright, patent or other intellectual property right. Section 3. Supply of Services. The City has requested proposals for provision of support services for measuring of firefighters for accurate custom fitting for each individual, attached hereto as Exhibit “A”, and the Contractor has submitted a proposal to supply these services (the “Services”), attached hereto as Exhibit “B”. The Contractor agrees to supply the 3 Services to the City in accordance with Exhibits “A” and “B”, and the following terms and conditions: A. Scope of Services. Unless otherwise stated in Exhibits “A” or “B”, the Services include all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Services. Some details necessary for proper execution and completion of the Services may not be specifically described in the Scope of Work, but they are a requirement of the Services if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the work. B. Timing. The Services shall be provided as needed based on the needs of the Fire Department. C. Compensation. There shall be no separate compensation for Services associated with each Order. The price per unit of goods includes compensation to Contractor for the fitting services. D. Warranty. Contractor represents and warrants that it has the necessary knowledge, experience, abilities, skills and resources to perform the Services, and shall perform the Services in a professional manner and workmanlike manner, consistent with prevailing industry standards and practices. E. 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 Services contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Services described in this Agreement. F. Expertise of Contractor. 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 Services performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Services 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Services under professional and industry standards. G. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Services 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. Section 4. Contract Term; Termination. The term of this Agreement (“Term”) will commence as of the Effective Date, and terminate September 30, 2025 (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. Provided that no damages are due to City for Contractor’s breach of this Agreement, City shall pay Contractor any amounts owed as of the date of termination. As the City may terminate for convenience, the parties agree that this is not a “multi-year” purchasing contract under O.C.G.A. § 36-60-13. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will provide the Goods and perform the Services in a prompt and timely manner. Section 5. Payment. There will be no down-payment for any Goods and Services. The City will pay Contractor upon receipt and inspection of the Goods and Services and approval of invoices for the same. No payments will be made for unauthorized Goods or Services. Invoices shall set forth in detail the Goods and Services provided, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be paid within 30 days of receipt unless reasonably disputed by the City, in which case the City may retain any disputed amounts until resolution of the dispute. Section 6. Change Orders. Any modification to this Agreement shall require a written change order executed by the City in accordance with its purchasing regulations. Section 7. Covenants of Contractor. A. Compliance with Law. Contractor shall provide the Goods and perform all Services in accordance with the standard of care and quality ordinarily expected in the industry 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, el seq.). B. 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. C. 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. D. Empl merit 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 "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 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300- 10-1-.02. In the event 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 Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is 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. 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- .19 5 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. E. 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 providing the Goods and performing the Services. 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-consultant under a contract to the prime contractor or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. F. 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. G. 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. H. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for defects in the Goods sold and Services provided 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 character of the Goods and the performance of the Services rendered, including without limitation any actual or alleged patent infringement, domestic or foreign, in the use of the Goods. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Services, supply of the Goods, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable. The defense and indemnity obligations above shall apply regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that with respect to engineering, architectural, or land surveying services, there shall only be an indemnity obligation 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 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. I. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business 6 and agrees to provide the Goods and perform the Services 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 Services are performed and the method used to perform such Services; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring and payment of consultants, agents or employees to complete the Services, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, 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. J. 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. K. 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 Services 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. Section 8. 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. 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 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 7 or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement. 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 Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Municipal Equipment Company, LLC Signature: PrintName: ��hILQ�VI{A1.� Title: [CIRCLE ONE] Member ana�er ) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: AX& WA�-- PrintName: b" Title: Vi -GL (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] 8 EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-FD01(R) RFP Title: Milton Fire-Rescue Structural Personal Protective Equipment - REISSUANCE Due Date and Time: January 7, 2021 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: 51 ISSUING DEPARTMENT INFORMATION Issue Date: December 10, 2020 City of Milton Fire Department 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: 21-FD01(R) Name of Company or Firm Special Instructions: Deadline for Written Questions December 18, 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 2 | RFP 21-FD01(R) 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 21-FD01(R) 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 21-FD01(R) 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 21-FD01(R) RFP# 21-FD01(R) 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 (21-FD01(R)) Milton Fire-Rescue Structural Personal Protective Equipment - REISSUANCE. 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 21-FD01(R) 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 Milton Fire-Rescue Structural Personal Protective Equipment - REISSUANCE 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 21-FD01(R) SCHEDULE OF EVENTS Task Date Issue RFP December 10, 2020 Deadline for Questions December 18, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, December 22, 2020 Proposals Due By 2:00 p.m. EST on January 7, 2021 Award Contract January 20, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-FD01(R) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Milton, Georgia is a growing community located north of Atlanta with a population of approximately 39,000. Milton Fire-Rescue is a fully paid/professional department operating out of 4 Stations with 64 members. Milton Fire-Rescue is intending to purchase structural fire gear and related items on an as needed basis. This will be an annual contract with a potential for four (4) one-year renewals. The budget for this project is set each year by the demands of the department and the ongoing replacement of current gear. All Offerors must comply with all general and special requirements of the information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Contractor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link 9 | RFP 21-FD01(R) on BidNet Direct, the procurement portal on the City’s website, on or before 5 PM (EST) on December 18, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about December 22, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 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. 10 | RFP 21-FD01(R) 1.4 SUBMITTING PROPOSALS 1.4.1 Introductory Letter: The introductory letter will include, but need not be limited to, the following information. The name of the manufacturer, as well as, the signature, printed name and title, telephone and fax number of the officer authorized to represent the manufacturer in any correspondence, negotiations and sign any contract that may result. The address of the office that will be providing the service, a project manager’s name, telephone number, fax number, and e-mail address. The federal and state tax ID numbers, and the state of incorporation, if applicable, must also be included. 1.4.2 Final Estimated Cost: The proposed cost per item, will be included and cover freight and measuring of personnel. 1.4.3 Proposal Meets Scope of Work: A detailed proposal will be provided specifying how the manufacturer will construct the Structural Personal Protective Equipment to meet the Scope of Work. Exceptions to the Scope of Work will be allowed if they are equal to or superior to that specified. All exceptions will be stated and fully explained in a Statement of Exceptions. A. Overall Proposal Submittal Requirements Offerors must organize their proposal into the following sections: 1. Introductory Letter 2. City of Milton request for proposal cover page (information entered and signed: first page of this document) 3. City of Milton Disclosure form (signed) 4. City of Milton Proposal letter (information entered) 5. Contractor Affidavit and Agreement (eVerify) 6. Technical Proposal 7. Pricing – in a separate document file (See Section 5.0) 8. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any 11 | RFP 21-FD01(R) qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. 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. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120- day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of 12 | RFP 21-FD01(R) their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 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 13 | RFP 21-FD01(R) rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 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 14 | RFP 21-FD01(R) references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. 15 | RFP 21-FD01(R) I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 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 PROJECT SPECIFICATIONS FOR STRUCTURAL PERSONAL PROTECTIVE EQUIPMENT Sealed proposals will be received by City of Milton Procurement office for the furnishing of all necessary labor, equipment and material for the Structural Personal Protective Equipment as outlined in the following specifications. INTENT OF SPECIFICATIONS It shall be the intent of these specifications to cover the furnishing and delivery of Structural Personal Protective Equipment. These detailed specifications cover the requirements as to the type of construction, finish, tests to which the Structural Personal Protective Equipment shall conform. Minor details of construction and 16 | RFP 21-FD01(R) materials, which are not otherwise specified, are to be discussed with the Fire Chief or designee. INSTRUCTIONS TO OFFERORS The purchaser's standards for soliciting Structural Personal Protective Equipment must be strictly adhered to, and all required forms and requested information must be complete and submitted with the proposal. Omissions and variations shall result in immediate rejection of the proposal. Proposals shall only be considered from companies that have an established reputation in the field of Structural Personal Protective Equipment. Furthermore, in order to insure fair, ethical, and legal competition, neither the original equipment manufacturer (O.E.M.) nor parent company of the O.E.M. shall have ever been fined or convicted of price fixing, bid rigging, or collusion. The successful offeror shall execute purchaser’s standard agreement form. THE PURCHASER HAS THE RIGHT TO REJECT ANY BIDS WHICH DOES NOT MEET THESE SPECIFICATIONS AND IS THE SOLE DECIDER TO DEEM WHICH BID IS IN THE BEST INTEREST OF THE PURCHASER. EXCEPTIONS Exceptions shall be allowed if they are equal to or superior to that specified and provided, they are listed and fully explained on a separate page. All deviations, no matter how slight, shall be clearly explained on a separate sheet, in the bid sequence, citing the page and paragraph number(s) of the specifications, how the proposal deviation is different, how the deviation meets or exceeds the specifications and why it is necessary, and entitled "EXCEPTIONS TO SPECIFICATIONS". The buyer reserves the right to require an offeror to provide proof in each case that a substituted item is equal to that specified. The buyer shall be the sole judge in determination of acceptable substitutes. Proposals that are found to have deviations without listing them or proposals taking total exceptions to these advertised specifications will be rejected (no exception). Proposals not including all exceptions is a material breach and shall result in the proposal being immediately rejected (no exception). SERVICE AND WARRANTY SUPPORT TO ENSURE FULL SERVICE AFTER DELIVERY, THE SELLING BIDDER MUST BE CAPABLE OF PROVIDING SERVICE WHEN REQUIRED. The bidder shall show that the company is in position to render prompt service. If at any time prior to one year (or specified warranty/guarantee period if longer than one year) after the actual delivery date 17 | RFP 21-FD01(R) of the equipment any part of the equipment becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, then the Company, upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for parts and/or equipment both ways between the Company's factory or repair depot and the point of use. SIZING To ensure a perfect fit, sizing shall be based on actual measurements taken of the firefighter by a trained measurement specialist, or sizing try-ons, or both. Sizing measurements shall be taken according to a schedule and location(s) mutually agreed between the manufacturer and the department. Garments shall be available in custom sizing. Coats shall be made available in even chest sizes with corresponding sleeve lengths available in short, regular, and long. Pant sizes shall be made available in even waist sizes with inseam lengths available in extra short, short, regular and long. Male and female sizing available. CERTIFICATION The manufacturer must certify that the garments proposed in its bid meet or exceed all requirements of NFPA 1971 STANDARD ON PROTECTIVE ENDEMBLES FOR STRUCTURAL FIRE FIGHTING AND PROXIMITY FIRE FIGHTING, FED-OSHA CFR 1910, Subpart L, OSHA 29 CFR Part 1910.1030 and/or the requirements of CAL-OSHA title 8, Article 10.1, Para. 3406. All components and composites used in the construction of garments shall be third party tested, certified and listed for compliance to NFPA 1971. The label of the third-party tester shall denote certification. The manufacturer shall be registered to the ISO Standard 9001 to assure a satisfactory level of quality. TRACKING LABEL SYSTEM There shall be a PDF417, two-dimensional bar code label permanently affixed to each garment for tracking purposes. The bar code shall contain a minimum of the following information: a. unique serial number b. item description (brand, model, material color) c. lot information (date of mfg., size, etc.) d. material description e. the standard to which the garment is compliant The bar code shall be able to withstand customary wash and wear cycles. The PDF417 bar code must incorporate a minimum of a 30% "error correction" capability. 18 | RFP 21-FD01(R) SPECIFICATIONS: 1. Custom Structural Turnout Coat JANESVILLE ISODRI V-Force Bi-Swing Coat Coat Model / Design COAT CONSTRUCTION: The coat is designed of a 3-panel construction in all layers of our innovative V-fit design. For optimum comfort and mobility an inverted pleat on each side where back front and back body panel pieces meet shall be incorporated. Each pleat shall begin at the back of each shoulder and shall extend vertically down the side of the coat. A combination moisture barrier/thermal liner shall include a corresponding 1" inward dynamic fold approximately 1.5" from each sleeve seam at the shoulder. This fold shall provide for coat expansion when extending arms forward and shall interface with the inverted pleats of the outer shell to maximize mobility and function of the outer shell and thermal liner. Fitted sides provide a more tailored fit and better mobility. The elbow to promote free and easy movement. The elbow is made up of cutouts, shaped pieces and darts, reducing bunching and the overall working weight of the coat. The elbow reinforcements are notched to provide superior thermal and moisture protection without impeding movement. Sleeves shall be of raglan design in the front and set in design in back. Coat Model / Design: When measured at the center of the back from the collar seam to the hem bottom, the coat shall measure 29", 30.5", 32", 33.5" or 35" long for male; 29" or 32" long for female. Drag Rescue Device: The Fire Fighter Recovery Harness TM shall be constructed of a one and one-half inch wide KEVLAR® strap that shall be installed between the outer shell and the thermal liner. This harness shall have a hand loop (16" in circumference) that exits the outer shell through a 2" polymer coated aramid reinforced slot on the back of the coat just below the collar and is held in place by means of a piece of 1.5" x 2" hook on the strap and a piece of 1" x 2" loop attached to the outer shell. This strap is then secured under a 2.25" x 5.25" flap that is sewn in at the neck /collar area. Two pieces 1" x 2" loop shall be set vertically on shell to align with two pieces of 1" x 2" hook set vertically to the underside of the flap. The harness is also held in proper alignment by means of a 2" x 2" piece of loop placed on the inside of the outer shell underneath the chest trim that corresponds to a piece of 1.5"x 2" hook located on the harness. Two 1" x 3.5" self-fabric straps with 1" x 2" hook on one end and 1" x 2" loop on other end shall be set to coat in the shoulder cap area to keep straps in proper position for use. Fire Fighter Recovery Harness TM provides mechanical leverage for dragging a downed and incapacitated structural firefighter from a life-threatening environment. The design of the harness enables 19 | RFP 21-FD01(R) the rescuer to drag the downed firefighter in line with the axis of the firefighter's skeletal frame, in order to decrease the risk of further injury. Liner Pocket: The liner shall have one 8.5'' x 9" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner set 9.75" up from bottom cut edge of thermal liner. Snap Attachment: There shall be 6 female non-logo snaps (2 on right bottom of shell, 1 right middle of front facing, 2 on left bottom of front facing, 1 left middle front facing), and 6 male snaps (2 on right bottom and 1 on right middle of liner, and 2 on left bottom and 1 on left middle of liner). Coat Outer Shell Material: The outer shell shall be constructed of+/- 7.0 oz./sq. yd. 70% "PBI Dominant" PBl®/KEVLAR® spun yarns/30% 600 denier KEVLAR® filament in a twill weave with extremely durable FPE water resistant Teflon® FPE alloy finish. Color shall be natural (gold). Coat Liner & Moisture Barrier: THERMAL LINER: The thermal liner shall be comprised of Glide IceTM high-lubricity, stress reducing, filament/spun face cloth weighing 3.6 oz/sq/yd. The Kevlar Nomex filament yarns shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Spun yarns comprised of 30% Nomex and 10% Lenzing FR spun yarns with superior wicking characteristics shall be used to promote moisture management within the garment. The Glide Ice TM face cloth shall be quilted to one layer spunlace aramid (85%NOMEX®/15% KEVLAR®) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11- 13 apertures/sq. inch) spunlace aramid (85% NOMEX®/15% KEVLAR®) weighing approximately 1.5 oz./sq. yd. both layers shall be treated with a Teflon® finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight+/- 7.3 oz./sq. yd.). Moisture Barrier: CROSSTECH® BLACK (Type 2F): NOMEX® substrate laminated to a lightweight breathable, Teflon membrane; weighing 4.7 oz./sq. yd. The liner shall have one 8.5" x 9" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner. Quilt Thermal Liner Construction: The moisture barrier shall be sewn to the thermal liner at its perimeter with the breathable membrane oriented inward toward the thermal liner and away from 20 | RFP 21-FD01(R) the outer shell. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 1" from the cuffs and 2" from the hem. Moisture Barrier/Thermal Liner Attachment: Completely Removable the moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by the use of hook and loop, zippers, and snaps. There shall be a zipper and two snaps down each front facing, hook and loop shall also be located around the entire neck opening. In addition, there will be a snap for alignment along the bottom of the liner, and one snap and hook and loop at each sleeve end. All moisture barrier seams shall be sealed as required by NFPA 1971. Reflective Trim: All trim shall be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. Ventilated Trim shall be of 3" Scotch lite II (triple trim) of lime/yellow perforated with 0.08 mm holes (114 per square inch) to provide a conduit for the release of vapor that can occur when moisture is heated, and the trim compressed. Viz-a-V™ Pattern: One 3" strip shall be set full circumference at the bottom sweep of the outer shell; one 3" strip shall be set around each sleeve approximately 2" from bottom of sleeve cuff; one 3" strip shall be set full circumference at the chest; one 3" strip shall be set around each sleeve just above the elbow; two 3" V shaped vertical strips shall be set at an angle from hem trim to back chest trim of the coat. Coat Collar: Moisture Barrier / Thermal Liner Construction, the liner collar shall be a layer of self- material and a layer of CROSSTECH® Black. The design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. The left and right fronts of the liner collar shall be attached to the facings at the front closure of the outer shell. The neck of the liner collar shall be secured to the neck of the outer shell collar such that when donning the coat an arm may not be accidentally caught between the outer shell and its inner linings. A 4" wide CROSSTECH® Black and 1.75" self-material extension shall be sewn the full length of the neck with two pieces of 1" loop for attachment to shell collar. The self- material extension shall overlap the shell collar to prevent exposure of the hook and loop. Collar closure shall be provided by FR hook and loop 1.5" x 4", with hook portion sewn on right side of collar, and loop portion sewn on left, set horizontal. Collar: The 3" split collar shall consist of two-piece construction shaped for comfort. The collar shall be configured such that when the collar is raised it shall remain standing while providing continuous thermal and moisture protection around the neck and face. To ensure this protection, the two layers of outer shell collar shall be fully lined with a layer of CROSSTECH® Black. The shell collar shall 21 | RFP 21-FD01(R) provide proper interface with the liner to insure no moisture penetration through the collar seam to the inside of coat. The shell collar shall have two pieces 1" hook along top edge for liner attachment. The collar shall be attached to the liner facing using 1" hook. Collar shall be of such design so as not to interfere with SCBA face masks, or helmet. Hanger loop: An external hanger loop constructed of a double layer of outer shell material and reinforced with two 42-stitch bar tacks shall be provided on the outside of the coat at the collar seam. It shall be designed to provide long service and shall not tear or separate from the coat when the coat is hung by the hanger loop, loaded evenly with a weight of 80 lbs. and allowed to hang for one minute. Coat Inner Yoke Reinforcement: A layer of Semper Ori™ (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of NOMEX®/Kevlar® spunlace (Total weight+/- 6.0-6.8 oz./sq. yd)) shall be positioned between the moisture barrier and thermal liner for extra thermal protection in a high heat and compression area of the coat. It shall be sewn to the inside of the upper back portion of the thermal liner across the upper back from the back shoulder and collar seams 7" down, over the tops of shoulders and down the front approximately 4" ending at the armhole. Coat Shoulder Reinforcement: A 4" wide area at the top of the shoulders extending 6" from the collar seam shall be capped with outer shell material for abrasion resistance and thermal protection. Coat Elbow Reinforcement: The elbow shall have an insert throughout all layers that shall provide a natural bend in the sleeve. This elbow shall include shaped pieces and darts to create free movement with few restrictions. The insert shall consist of two layers of outer shell material for abrasion resistance and thermal protection. Coat Cuff Reinforcement: The extended cuff of the sleeve shall be reinforced with a binding of outer shell material not less than 3" in total width for abrasion resistance and thermal protection. One leather tab with female snap fastener shall be set in the cuff to attach outer shell to liner. Coat Wristlets: An internal wristlet shall consist of a 2-ply knit of 48% NOMEX®/48% KEVLAR® and 4% Spandex for superior recovery. Wristlet to be combination of natural and khaki colors, and with extremely durable Teflon® water resistant alloy not less than 8" extending completely over the palm with a thumbhole preventing the wristlet 22 | RFP 21-FD01(R) from sliding back. A layer of DuPont Nomex Nano Flex shall be inside the wristlets to help reduce particulate ingress. Wristlets shall be double stitched and bound to the moisture barrier/thermal liner providing extended thermal and slash protection. Coat Water Well: A combination Chambray face cloth quilted to two layers of AraFlo E89 and one layer of breathable CROSSTECH® Black (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to form a sleeve well. A 3/4" wide strip of loop fastener shall be sewn full circumference to the end of the thermal liner leader to help secure the combination liner to the outer shell. A CROSSTECH® Black {Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end. This leader shall be approximately 4" in length and end with a gathering of 1" elastic. This sleeve well shall prevent water and hazardous materials from entering the sleeve when arms are in a raised position. The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the snaps then attaching the loop fastener of the combination liner sleeve end with the hook fastener on the outer shell sleeve. This method of combination liner attachment shall prevent any gaps from occurring between the combination liner and sleeve well during a full range of motion. The combination liner shall extend to within 1" of the sleeve ends. Coat Closure System: THERMAL FRONT PANEL CONSTRUCTION: There shall be continuous thermal and moisture protection around the entire torso including the storm flap. To ensure this protection, as well as reduce potential for wicking moisture to inside of liner, both right and left inside front facings of the coat outer shell shall incorporate outer shell fabric extending from collar to hem. COAT FRONT CLOSURE DESIGN: The complete outer shell coat front closure design shall consist of a FRONT CLOSURE SYSTEM completely protected by an OUTSIDE STORM FLAP which shall have its own, independent STORM FLAP CLOSURE SYSTEM. STORM FLAP: A storm flap measuring not less than 2.5" wide, nor less than 22" in length shall be set on the outside of the right side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm flap shall be Gore RT7100™ PTFE moisture barrier meeting all requirements for moisture barriers sandwiched between two layers of outer shell fabric. FRONT/STORM FLAP CLOSURES: The front closure shall consist of a thermoplastic zipper with a 1 3/4" polymer coated aramid tab added to left bottom for fast closure and exit. The storm flap closure shall consist of double-stitched 1.5" wide hook and loop attachment with hook fastener sewn on the left front of the coat, 23 | RFP 21-FD01(R) and corresponding loop fastener sewn on the inner side of the outer storm flap. The hook and loop closure shall extend the full length of the outer storm flap eliminating all exposed frontal hardware. Liner Inspection System: There shall be an 11" opening located on the coat liner system at the center right front of the liner. This opening will provide the ability to completely invert the coat liner to properly view the integrity of the entire liner system. There shall be one piece 1" x 4" FR loop sewn to the back side of the liner system with a piece of 1.5" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. Coat Options accessories that will be included with the Coats: MISC. Fasteners - Utility snap hook shall be attached to outer shell. Utility snap shall be securely riveted with three leather reinforced rivets. Item Location shall be located on the right side of the chest. Mic Tab - There shall be a 1" X 3" triple layer self -fabric mic tab attached with bar tacks on each side. Bar tacks shall be a minimum 42-stitch bar tack. Item Location shall be located on the left chest above radio pocket. Mic Tab - There shall be a 1" x 3" self-fabric mic tab w/ Poly-coated aramid inside- mic tab bartacked to the shell on each end. Item Location shall be located on the right chest. Flashlight Strap - 2"x10" self-fabric strap x-stitched at the center shall close around the flashlight with 1 piece of 2" x 3" hook fastener on one end and 1 piece of 2" x 3" loop on the other. Item Location shall be located on right chest. Flashlight Strap - There shall be a 1x2.25" self-fabric strap bartacked to the shell, with 1.5" dee threaded through strap to form loop. Coat Shell Attachment: There shall be a 1" x 2" self-fabric strap with one end sewn to the coat shell & opposite end loose with one female non-logo snap. One male snap shall be centered on the liner at the bottom rear panel to align with the female snap. Sewn on Lettering: There shall be 2" lime yellow Scotch lite letters, sewn-on. Lettering & Location for Lettering: Lettering shall be arched across the yoke, sewn on lettering shall be 2" lime yellow Scotch lite letters, sewn-on. 24 | RFP 21-FD01(R) Lettering Patches: There shall be one 5"x18" contoured 2-layer self-fabric one-line Letter Patch attached to hang from back hem. Lettering Patch Attachment: Hook & loop shall be used to attach patch to coat. Lettering Patch Attachment: There shall be one male snap at each top corner of hanging letter patch (total of two male snaps) and two female logo snaps on the inside of the shell to align with the male snaps. Sewn on Lettering: There shall be 3" lime yellow Scotch lite letters, sewn-on. Lettering: Lettering shall be Location for Lettering Shall be on a patch. 2. Custom Structural Turnout Pant JANESVILLE ISODRI V-Force High-Back ---- Suspenders Included---- Pant Model / Design Pant Construction: The pant shall have a low-rise waist V-Fit™ design with five-inch-high back panel with hook and loop for support panel of Lion V-Back™ suspenders (required with these pants). Extended Back Panel: A back panel shall be constructed of two layers of outer shell material, one middle layer of moisture barrier material and one layer of thermal liner material. One-piece self-fabric flap 9" wide x 5" high with 5" x 9" hook to attach suspenders. This panel shall be stitched to the perimeter of the outer shell and shall measure 1O" across the top, 19" across the bottom (being graded for waist size) and extend 5" above the pant waist with 5" x 9" loop. See V-Back™ suspender specification. Radial Inseam Band: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pant. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. 25 | RFP 21-FD01(R) Waistband: The waist of the pants shall be reinforced on the inside with 1- ply of outer shell material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. MISC. Pant Options: Two 2" wide self-material suspender tabs with snaps shall be attached to waist front for suspender attachment. Pant Outer Shell Material: The outer shell shall be constructed of+/- 7.0 oz./sq. yd. 70% "PBI Dominant" PBl®/KEVLAR® spun yarns/30% 600 denier KEVLAR® filament in a twill weave with extremely durable FPE water resistant Teflon® FPE alloy finish. Color shall be natural (gold). PANT LINER AND MOISTURE BARRIER: Thermal Liner: The thermal liner shall be comprised of Glide IceTM high-lubricity, stress reducing, filamenUspun face cloth weighing 3.6 oz/sq/yd. The Kevlar Nomex filament yarns shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Spun yarns comprised of 30% Nomex and 10% Lenzing FR spun yarns with superior wicking characteristics shall be used to promote moisture management within the garment. The Glide Ice TM face cloth shall be quilted to one layer spunlace aramid (85%NOMEX®/15% KEVLAR®) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11-13 apertures/sq. inch) spunlace aramid (85% NOMEX®/15% KEVLAR®) weighing approximately 1.5 oz./sq. yd. both layers shall be treated with a Teflon® finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight+/- 7.3 oz./sq. yd.). Moisture Barrier: CROSSTECH® BLACK (Type 2F): NOMEX® substrate laminated to a lightweight breathable, Teflon membrane; weighing 4.7 oz./sq. yd. Moisture Barrier/Thermal Liner Construction: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. To deter the wicking of moisture up the thermal liner leg the bottom nine inches of each thermal leg shall be constructed of Semper Dri™ (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of NOMEX®/Kevlar® spunlace (Total weight+/- 6.8 oz./sq. yd.)). The waist of the moisture barrier/thermal liner shall be secured to the waist of the outer shell such that when donning the pant a leg may not be accidentally caught between the 26 | RFP 21-FD01(R) outer shell and its inner linings along the waist and between the legs of the pant. For added thermal protection to the knee, an additional layer of 1/8" thick, fire retardant closed-cell foam shall be positioned between the moisture barrier and thermal liner at the knee. Quilt Thermal Liner Construction: The CROSSTECH®/NOMEX® pajama check moisture barrier shall be sewn to the thermal liner at its perimeter. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 3" from the cuffs. Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by using snaps and hook and loop. Nine evenly spaced snaps shall secure the liner to the integral waistband; Two snaps shall be set in leather leg tabs at each leg end. Reflective Trim: All trim shall be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. Ventilated Trim shall be of 3" Scotch lite II (triple trim) of lime/yellow perforated with 0.08 mm holes (114 per square inch) to provide a conduit for the release of vapor that can occur when moisture is heated, and the trim compressed. Pant trim shall be applied as follows: one strip set full circumference around the bottom of the cuff 3" from the bottom cuff. PANT FLY CLOSURE: Storm Fly/Closure: The outer shell shall have a sewn on overlapping fly front running the full length of the fly on the left side. The flap shall not be less than 2.5" wide at the waistband. The bottom of the fly shall be reinforced with a 42 stitch bartack. The storm fly shall be held closed along its length by means of a hook and loop fastener closure 1.5" minimum width, along the leading edge for a distance of not less than 6" from the bottom of the fly closure to the waist area for proper alignment and secure closure. Velcro stitching will be double rows. Additionally, one snap shall be positioned at the inside top of the fly. Pant closure shall be provided by a thermo plastic zipper. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECH® (Type 2C) moisture barrier material. Thermal Fly Assembly: A 3/4" wide x 9" long loop fastener shall be sewn to the 27 | RFP 21-FD01(R) moisture barrier/thermal liner to engage corresponding hook fastener on the underside of the outside storm fly and facing. Waistband: The waist of the pants shall be reinforced on the inside with one ply of outer shell fabric material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. Hook & Dee: A hook and dee ring closure shall be used for quick one motion closing at the waist. The hook shall be 2.5" in length, made of a zinc nonferrous metal alloy and weigh 1.2 oz. +/- 5%. It shall be securely fastened to the pant by means of a 5/8" wide, treated leather take up strap looped through the rear of the buckle and triple riveted to the pant shell with leather backed rivets. The dee shall be made of a nonferrous metal alloy 2" long x 1 1/16" wide and secured by two leather backed rivets to the leading edge of fly flap. Take Up Straps: There shall be two waist straps sewn and bar tacked 2 ½" down from the top of the waistband. One strap shall be installed on the right side and one on the left side constructed out of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. Each strap shall be a minimum of 8 ½" in length. These take-up straps shall have a 5/8" nickel plated postman style slide buckle which shall be attached by a piece of shell material six (6) inches in length folded to form two layers. The strap is sewn to form an attachment strap approximately three (3) inches in length designed for quick take-up adjustment. Pant Knee Reinforcement: V-FIT™ KNEE: The knee shall have an insert throughout all layers that shall provide a natural bend in the leg. This knee shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist of black poly-coated aramid for abrasion resistance and thermal protection. For added thermal protection, an additional layer of uninterrupted 1/8" thick, fire retardant closed-cell foam shall be positioned between the moisture barrier and thermal liner. For additional extended thermal protection, two layers of uninterrupted 1/8" thick, fire retardant closed-cell foam and one layer of silicone shall be also be positioned between the reinforcement layer and outer shell. Pant Cuff Reinforcement: The cuff area of the pant shall be reinforced with a binding of outer shell material not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. In addition, a 3" x 3 ½" piece of reinforcement material shall be sewn on the inseam area of the pant leg above the pant cuff and below the pant trim, in order to provide extra abrasion protection. The material used on the kick shield 28 | RFP 21-FD01(R) shall match the material used on the pants cuffs. Boot Cut: The back portion of the cuff will gradually curve upward from each side seam to a maximum of 2" at the center back of the pant leg to prevent wear on the back of the cuff. Leg Tabs: Two grey leather leg tabs 3/4" wide x 1 3/4" long with female snaps shall be bartacked 2" up from bottom edge on inside of the pant cuff with one on the inseam and one on the out seam. Liner Inspection System: There shall be an opening located on the pant liner system to the right side of the waist separating the thermal barrier and moisture barrier, approximately 1O" in length. This opening will provide the ability to completely invert the pant liner to properly view the integrity of the entire liner system. There shall be a piece of 1" x 3" FR loop sewn to the moisture barrier 3" over from beginning of opening and a corresponding piece of 1" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. Pant Options ~ Accessories that will be included with the Pants: Snap Attachment: There shall be one female and one male snap on the pant. Belt Loops: There shall be three self-fabric loops made with two separate 1x3" straps with one- piece 1x2" hook with one non-logo female snap and one-piece 1x2" loop with one male snap. One loop shall be bartacked inside the center back at the waist and one loop shall be bartacked on each side. Strap: There shall be a 1x6" strap with 1-piece 1x2" hook set to one end and 1-piece 1x2" loop set to other end. The strap shall be set to shell angled between pocket and welt using 3 bartacks. Belts and Harnesses: INTEGRATED CLASS II RESCUE HARNESS: An NFPA 1983 2006 Edition Class II Life Safety Harness will be positioned between the outer shell and thermal liner and integrated into the bunker pant by use of belt loops in order for the harness to be removable. The harness, constructed of 1.75" Kevlar webbing and sewn with 29 | RFP 21-FD01(R) Kevlar thread, shall also meet all requirements for the NFPA 1971, 2007 Edition Standard. Class II harnesses are designed for rescue with a design load of 600 lbs. The harness is designed to respond to the user when loaded but is relaxed when not in use. It incorporates a 360-degree waist belt in addition to two leg loops for supporting the load. There are two polymer coated aramid welt openings in the front of the pant to allow the harness to pass through. An adjustable buckle is located outside the pant at the waist for easy and secure closure. One D-Ring shall be located outside the pant at the center of the waist for attachment to the anchor point. Personal Rescue System: The escape system shall consist of the following components, designed to work together to provide self-rescue in an emergency situation: 1. 50' 8mm CMC Rescue Pro Series Aramid Escape Rope 2. CMC Rescue Pro Series Escape Artist Descender 3. CMC Rescue Pro Tech Locking D Carabineer 4. Tether with Quick Link for attaching the Escape Artist 5. Escape Anchor Hook Coat Pockets specifications: Turn-Out Pockets 8.5" x 9" handwarmer pocket that expand by means of a 2" pleat. The pockets shall be lined and reinforced with self-fabric 4.5" up on the inside of the pocket with a self-material backer. The pocket shall be set at the bottom of the coat hem and reflective trim shall be set on each pocket. Pockets and flaps shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Each pocket flap shall measure 3" x 9.5". Pocket flaps shall close to the pocket using 2 pieces of 1.5" x 2.75" loop horizontally on the pocket and 2 pieces of 1.5" x 2.75" hook vertically on underside of flap. Item Location shall be on left and right of the front bottom. Turn-Out Pockets: One 3.5" wide x 8" deep full bellows radio pocket that expands by means of side and front gussets to a thickness of 2" in front and back. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with a minimum 42-stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flaps shall be 4.5"x 5". 30 | RFP 21-FD01(R) Pocket shall be fully lined all 4 sides inside pocket and flap with polycotton lining. Pocket flap shall close to the pocket top using 1 piece of 2"x 3" loop on pocket horizontally and 1 piece of 2"x 3" hook on flap vertically. Pocket flap shall include an antenna notch to accommodate an antenna. Item Location shall be located on the left side of the chest. Pant pocket specifications: Turn-Out Pockets 9" wide x 10" high, outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back. Pockets shall be fully lined with KEVLAR® twill on all 4 sides inside of pocket; two layers of KEVLAR® lined self-fabric on shell inside pocket. First layer 6.5" high, second layer 4.5" high. Both layers stitched in 3" increments to create six tool compartments. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture is to be provided by brass eyelets. Pocket flaps shall be 5" x 1O" A hook and loop fastener closure system shall be set with 2" x 9" loop fastener horizontally on the pocket and three pieces of 1.5" x 3" hook fastener vertically on the underside of the flap. Item Location shall be located on the right thigh. Turn-Out Pockets 10.5'' wide x 10" high full bellows pocket that expands by means of side and bottom gussets to a depth of 2.25". The leading end of the pocket is 9" high. Pockets shall be lined on with KEVLAR® 5" up inside of pocket. A 7" wide x 6.5" high arashield patch pocket with two equal 3.5" divisions is sewn to the outside front of the pocket. Vertical bartacks shall be at the top corners and top center of the patch. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. 31 | RFP 21-FD01(R) Drainage of moisture to be provided by brass eyelets. The pocket includes an internal shelf/ flap set horizontally measuring 9" wide x 4" high inside the pocket approximately 3.5" below the top of the pocket. One side of the flap shall be sewn to the back of the pocket along the 9" dimension, the other 9" side of the flap shall be secured to the front of the pocket with hook and loop fastener. A piece of 9" wide x 1" high loop fastener is set horizontally on the inside of the pocket, and a corresponding piece of 9" wide x 1" high hook fastener set horizontally on the underside of the inside flap. The pocket flap closure shall be set on the outside and measure 11.75" wide x 8.5'' high with a piece of 8.5" wide x 1" high padding on the underside of the flap to facilitate gripping of the pocket flap. The hook and loop fastener closure system shall be set with one piece of 7" wide x 2" high loop fastener set horizontally on the patch pocket, and a corresponding piece of 7" wide x 2" high hook fastener set horizontally on the outside pocket flap under the padding. The pocket flap shall include a notch positioned on the front side of the flap to accommodate an antenna. Item Location shall be located on the left thigh. Turn-Out Pockets One 2.5" wide x 6.5" deep full bellows radio pocket that tapering down to 1.75" at the bottom that expands by means of side and front gussets to a thickness of 1" in front and back. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with a minimum 42-stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flap shall be 3.5" x 6". Pocket shall be fully lined all 3 sides inside pocket with polycotton lining and 3" up inside with leather. There shall be one 1" x 8" strap X-Stitched 0.5" above the radio pocket with one piece 1” x 3.5" hook on one end and 1" x 3.5" loop on the other end. Pocket flap shall be set 2" above the strap and close to the pocket top using one piece of 1"x 2.5" loop on pocket horizontally and one piece of 2"x 3" hook on flap horizontally. Item Location shall be located on the right outer side of leg. 32 | RFP 21-FD01(R) Suspenders: SCOPE: A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-Force TM Highback pants with hook and loop in back and snap attachment in front. DESIGN: Two 12" front pull straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through 2" metal loops and secured with a two- needle lockstitch at one end. A black military finish steel double dee ring shall be fed through the webbing. The other end of the webbing shall be fed through a 2" wide thermo-plastic dee ring and secured with a two-needle lockstitch. The dee ring shall function as a pull strap for easily adjusting the suspenders for proper fit. Two 1" shoulder straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through the top half of the steel double dee ring and secured with a two-needle lockstitch. The top of each strap shall be secured to the V-shaped shoulder pad with two-needle lockstitch and two 42-stitch bartacks. Two 6" back straps made of 2" wide elastic webbing shall be joined with two- needle lockstitch at the bottom of each V-shaped shoulder pad. The end of each back strap shall be single-needle lockstitch to an 8" wide by 4" high hook and loop panel for securing to V-Force back panel. Shoulder pads shall be constructed of two layers of 1/8" thick, fire retardant closed-cell foam encapsulated in 7.5 oz. Black NOMEX®. Each shoulder pad shall be 3" wide and 12" long ending in a 4" high back reinforcement pad. Each shoulder pad shall have an embroidered Lion Head Logo. SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 33 | RFP 21-FD01(R) SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File ♦ 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: Price for Coat: ______________________ Price for Pants: ______________________ Total Price for Both/Set: _________________________________________________________ Print Total Price: ________________________________________________________________ *Please list any proposed annual price increase/percentage: ____________________ Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ 34 | RFP 21-FD01(R) 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. Proposal Evaluation Criteria 1. Proposal meets Scope of Work/Specifications …………………………….. 50 points 2. Price ……………………………………………………………………………….. 50 points 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. 35 | RFP 21-FD01(R) 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 36 | RFP 21-FD01(R) 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 ~ EXHIBIT “B” MILTON ESTABLIS]IED 1006 CITY OF MILTON REQUEST FOR PROPOSALS I (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-FDO1(R) Milton Fire -Rescue Structural Personal Protective Equipment - REISSUANCE Due Date and Time: January 7, 2021 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. ISSUING DEPARTMENT INFORMATION Issue Date: December 10, 2020 Number of Pages: 51 City of Milton Phone: 678-242-2500 Fire Department 2006 Heritage Walk Website: www.cityofmilton_gaus Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton's BidNet procurement portal/platform at www.cifyofmiltonga.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 Georaia Purchasina Grour). Mark Face of Envelope/Package: RFP Number: 21-FDO1(R) Name of Company or Firm Special Instructions: Deadline for Written Questions December 18, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cltvofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: A Mathew Fenneman Municipal Equipment Company 408 Bit Court Orlando, FL 32809 P Offeror Phone Number: O 800-228-8448 2 uthorized Offeror Signatory: Mathew Fenneman lease print name and sign in ink fferor FAX Number: 29-388-01180 Offeror Federal I.D. Number: Offeror E-mail Address: 59-3624496 matt@mecofire.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 46 2006 Hedtage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cifyofmiltongo.uslwww,cityofmiltongo.us 0000 2 1 RFP 21 -FDO 1(R) 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 4 1 RFP 21 -FDO I (R) NA I LTO ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Mathew Fenneman/Municipal Equipment Company, LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None made/not applicable List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 21-FD01 (R) MItTONIt ESTABLISIiED 100 RFP# 21-FDO1(R) 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 (21 -FDO I (R)) Milton Fire -Rescue Structural Personal Protective Equipment - REISSUANCE. 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 Mathew Fenneman Print/Type Company Name Here Municipal Equipment Company, LLC _ 6 1 RFP 21-FD01(R) MILTON"r ID 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: 637246 eVerify Number 01/29/2013 Date of Authorization AArb"'LiOd PIRL AcAf CO MPAIW Name of Contra tp Milton Fire -Rescue Structural Personal Protective Eauipment - REISSUANCE 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 A.PJ -7 , 20!-O in�d+'��ty), !state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS TH DAYO%F f ��'�'�`�,209- J NOTA Y PUBLIC [NOTARY SEAL] My Commission Expires: DALE W, vyEST Ab[ary Publk - 5talearFlo'ida Car fifv- siun Y G4130435 k"KV t�rii. Exprres Oct 24, 2021 f��`wAr -Assn. 7 1 RFP 21-FD01(R) SCHEDULE OF EVENTS Task Issue RFP Deadline for Questions Answers Posted by the City (Addendum) Proposals Due Award Contract Date December 10, 2020 December 18, 2020 by 5:00 p.m. EST On or about, December 22, 2020 By 2:00 p.m. EST on January 7, 2021 January 20, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 1 RFP 21 -FDO I (R) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Milton, Georgia is a growing community located north of Atlanta with a population of approximately 39,000. Milton Fire -Rescue is a fully paid/professional department operating out of 4 Stations with 64 members. Milton Fire -Rescue is intending to purchase structural fire gear and related items on an as needed basis. This will be an annual contract with a potential for four (4) one-year renewals. The budget for this project is set each year by the demands of the department and the ongoing replacement of current gear. All Offerors must comply with all general and special requirements of the information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Contractor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltongo.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 9 1 RFP 21-FDO1(R) on BidNet Direct, the procurement portal on the City's website, on or before 5 PM (EST) on December 18 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. Cm's Answers, The City will provide an official written answer to all questions on or about December 22, 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 hfp://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. MandatoN 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. 10 1 RFP 21 -FDO I (R) 1.4 SUBMITTING PROPOSALS 1.4.1 Introductory Letter: The introductory letter will include, but need not be limited to, the following information. The name of the manufacturer, as well as, the signature, printed name and title, telephone and fax number of the officer authorized to represent the manufacturer in any correspondence, negotiations and sign any contract that may result. The address of the office that will be providing the service, a project manager's name, telephone number, fax number, and e-mail address. The federal and state tax ID numbers, and the state of incorporation, if applicable, must also be included. 1.4.2 Final Estimated Cost: The proposed cost per item, will be included and cover freight and measuring of personnel. 1.4.3 Proposal Meets Scope of Work: A detailed proposal will be provided specifying how the manufacturer will construct the Structural Personal Protective Equipment to meet the Scope of Work. Exceptions to the Scope of Work will be allowed if they are equal to or superior to that specified. All exceptions will be stated and fully explained in a Statement of Exceptions_ A. Overall Proposal Submittal Requirements Offerors must organize their proposal into the following sections: 1. Introductory Letter 2. City of Milton request for proposal cover page (information entered and signed: first page of this document) 3. City of Milton Disclosure form (signed) 4. City of Milton Proposal letter (information entered) 5. Contractor Affidavit and Agreement (eVerify) 6. Technical Proposal 7. Pricing - in a separate document file (See Section 5.0) 8. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any I 1 I RFP 21-FD01(R) qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. 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. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror's sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120 - day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of 12 1 RFP 21 -FDO] (R) their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 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 13 1 RFP 21-FD01 (R) rest of the submittal. 2. An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Prol2osals as Responsive or Nonresiponsive. 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 14 1 RFP 21 -FDO I (R) references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Neaotiation. 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. 15 1 RFP 21-FD01(R) I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 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 PROJECT SPECIFICATIONS FOR STRUCTURAL PERSONAL PROTECTIVE EQUIPMENT Sealed proposals will be received by City of Milton Procurement office for the furnishing of all necessary labor, equipment and material for the Structural Personal Protective Equipment as outlined in the following specifications. INTENT OF SPECIFICATIONS It shall be the intent of these specifications to cover the furnishing and delivery of Structural Personal Protective Equipment. These detailed specifications cover the requirements as to the type of construction, finish, tests to which the Structural Personal Protective Equipment shall conform. Minor details of construction and 16 1 RFP 21 -FDO I (R) materials, which are not otherwise specified, are to be discussed with the Fire Chief or designee. INSTRUCTIONS TO OFFERORS The purchaser's standards for soliciting Structural Personal Protective Equipment must be strictly adhered to, and all required forms and requested information must be complete and submitted with the proposal. Omissions and variations shall result in immediate rejection of the proposal. Proposals shall only be considered from companies that have an established reputation in the field of Structural Personal Protective Equipment. Furthermore, in order to insure fair, ethical, and legal competition, neither the original equipment manufacturer (O.E.M.) nor parent company of the O.E.M. shall have ever been fined or convicted of price fixing, bid rigging, or collusion. The successful offeror shall execute purchaser's standard agreement form. THE PURCHASER HAS THE RIGHT TO REJECT ANY BIDS WHICH DOES NOT MEET THESE SPECIFICATIONS AND IS THE SOLE DECIDER TO DEEM WHICH BID IS IN THE BEST INTEREST OF THE PURCHASER. EXCEPTIONS Exceptions shall be allowed if they are equal to or superior to that specified and provided, they are listed and fully explained on a separate page. All deviations, no matter how slight, shall be clearly explained on a separate sheet, in the bid sequence, citing the page and paragraph number(s) of the specifications, how the proposal deviation is different, how the deviation meets or exceeds the specifications and why it is necessary, and entitled "EXCEPTIONS TO SPECIFICATIONS". The buyer reserves the right to require an offeror to provide proof in each case that a substituted item is equal to that specified. The buyer shall be the sole judge in determination of acceptable substitutes. Proposals that are found to have deviations without listing them or proposals taking total exceptions to these advertised specifications will be rejected (no exception). Proposals not including all exceptions is a material breach and shall result in the proposal being immediately rejected (no exception). SERVICE AND WARRANTY SUPPORT TO ENSURE FULL SERVICE AFTER DELIVERY, THE SELLING BIDDER MUST BE CAPABLE OF PROVIDING SERVICE WHEN REQUIRED. The bidder shall show that the company is in position to render prompt service. If at any time prior to one year (or specified warranty/guarantee period if longer than one year) after the actual delivery date 17 1 RFP 21 -FDO I (R) of the equipment any part of the equipment becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, then the Company, upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for parts and/or equipment both ways between the Company's factory or repair depot and the point of use. SIZING To ensure a perfect fit, sizing shall be based on actual measurements taken of the firefighter by a trained measurement specialist, or sizing try -ons, or both. Sizing measurements shall be taken according to a schedule and location(s) mutually agreed between the manufacturer and the department. Garments shall be available in custom sizing. Coats shall be made available in even chest sizes with corresponding sleeve lengths available in short, regular, and long. Pant sizes shall be made available in even waist sizes with inseam lengths available in extra short, short, regular and long. Male and female sizing available. CERTIFICATION The manufacturer must certify that the garments proposed in its bid meet or exceed all requirements of NFPA 1971 STANDARD ON PROTECTIVE ENDEMBLES FOR STRUCTURAL FIRE FIGHTING AND PROXIMITY FIRE FIGHTING, FED -OSHA CFR 1910, Subpart L, OSHA 29 CFR Part 1910.1030 and/or the requirements of CAL -OSHA title 8, Article 10.1, Para. 3406. All components and composites used in the construction of garments shall be third party tested, certified and listed for compliance to NFPA 1971. The label of the third -party tester shall denote certification. The manufacturer shall be registered to the ISO Standard 9001 to assure a satisfactory level of quality. TRACKING LABEL SYSTEM There shall be a PDF417, two-dimensional bar code label permanently affixed to each garment for tracking purposes. The bar code shall contain a minimum of the following information: a. unique serial number b. item description (brand, model, material color) C. lot information (date of mfg., size, etc.) d. material description e. the standard to which the garment is compliant The bar code shall be able to withstand customary wash and wear cycles. The PDF417 bar code must incorporate a minimum of a 30% "error correction" capability. 18 1 RFP 21 -FDO I (R) SPECIFICATIONS: 1. Custom Structural Turnout Coat JANESVILLE ISODRI V -Force Bi -Swing Coat Coat Model / Design COAT CONSTRUCTION: The coat is designed of a 3 -panel construction in all layers of our innovative V -fit design. For optimum comfort and mobility an inverted pleat on each side where back front and back body panel pieces meet shall be incorporated. Each pleat shall begin at the back of each shoulder and shall extend vertically down the side of the coat. A combination moisture barrier/thermal liner shall include a corresponding 1" inward dynamic fold approximately 1.5" from each sleeve seam at the shoulder. This fold shall provide for coat expansion when extending arms forward and shall interface with the inverted pleats of the outer shell to maximize mobility and function of the outer shell and thermal liner. Fitted sides provide a more tailored fit and better mobility. The elbow to promote free and easy movement. The elbow is made up of cutouts, shaped pieces and darts, reducing bunching and the overall working weight of the coat. The elbow reinforcements are notched to provide superior thermal and moisture protection without impeding movement. Sleeves shall be of raglan design in the front and set in design in back. Coat Model Design: When measured at the center of the back from the collar seam to the hem bottom, the coat shall measure 29", 30.5', 32", 33.5' or 35" long for male; 29" or 32" long for female. Drag Rescue Device: The Fire Fighter Recovery Harness TM shall be constructed of a one and one-half inch wide KEVLAR® strap that shall be installed between the outer shell and the thermal liner. This harness shall have a hand loop (16" in circumference) that exits the outer shell through a 2" polymer coated aramid reinforced slot on the back of the coat just below the collar and is held in place by means of a piece of 1.5" x 2" hook on the strap and a piece of 1 " x 2" loop attached to the outer shell. This strap is then secured under a 2.25' x 5.25' flap that is sewn in at the neck /collar area. Two pieces 1 " x 2" loop shall be set vertically on shell to align with two pieces of 1 " x 2" hook set vertically to the underside of the flap. The harness is also held in proper alignment by means of a 2" x 2" piece of loop placed on the inside of the outer shell underneath the chest trim that corresponds to a piece of 1.5"x 2" hook located on the harness. Two 1 " x 3.5" self -fabric straps with 1 " x 2" hook on one end and 1 " x 2" loop on other end shall be set to coat in the shoulder cap area to keep straps in proper position for use. Fire Fighter Recovery Harness TM provides mechanical leverage for dragging a downed and incapacitated structural firefighter from a life-threatening environment. The design of the harness enables 19 1 RFP 21-FDO1(R) the rescuer to drag the downed firefighter in line with the axis of the firefighter's skeletal frame, in order to decrease the risk of further injury. Liner Pocket: The liner shall have one 8.5" x 9" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner set 9.75" up from bottom cut edge of thermal liner. Snap Attachment: There shall be 6 female non -logo snaps (2 on right bottom of shell, 1 right middle of front facing, 2 on left bottom of front facing, 1 left middle front facing), and 6 male snaps (2 on right bottom and 1 on right middle of liner, and 2 on left bottom and 1 on left middle of liner). Coat Outer Shell Material: The outer shell shall be constructed of+/- 7.0 oz./sq. yd. 70% "PBI Dominant" PBI@/KEVLAR@ spun yarns/30% 600 denier KEVLAR@ filament in a twill weave with extremely durable FPE water resistant Teflon@ FPE alloy finish. Color shall be natural (gold). Coat Liner & Moisture Barrier: THERMAL LINER: The thermal liner shall be comprised of Glide IceTM high -lubricity, stress reducing, filament/spun face cloth weighing 3.6 oz/sq/yd. The Kevlar Nomex filament yarns shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Spun yarns comprised of 30% Nomex and 10% Lenzing FR spun yarns with superior wicking characteristics shall be used to promote moisture management within the garment. The Glide Ice TM face cloth shall be quilted to one layer spunlace aramid (85%NOMEX@/15% KEVLAR@) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11- 13 apertures/sq. inch) spunlace aramid (85% NOMEX8/15% KEVLAR@) weighing approximately 1.5 oz./sq. yd. both layers shall be treated with a Teflon@ finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight+/- 7.3 oz./sq. yd.). Moisture Barrier: CROSSTECH@ BLACK (Type 2F): NOMEX@ substrate laminated to a lightweight breathable, Teflon membrane; weighing 4.7 oz./sq. yd. The liner shall have one 8.5" x 9" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner. Quilt Thermal Liner Construction: The moisture barrier shall be sewn to the thermal liner at its perimeter with the breathable membrane oriented inward toward the thermal liner and away from 20 1 RFP 21-FD01(R) the outer shell. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 1" from the cuffs and 2" from the hem. Moisture Barrier(Thermal Liner Attachment: Completely Removable the moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by the use of hook and loop, zippers, and snaps. There shall be a zipper and two snaps down each front facing, hook and loop shall also be located around the entire neck opening. In addition, there will be a snap for alignment along the bottom of the liner, and one snap and hook and loop at each sleeve end. All moisture barrier seams shall be sealed as required by NFPA 1971. Reflective Trim: All trim shall be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. Ventilated Trim shall be of 3" Scotch lite II (triple trim) of lime/yellow perforated with 0.08 mm holes (1 14 per square inch) to provide a conduit for the release of vapor that can occur when moisture is heated, and the trim compressed. Viz-a-VTM Pattern: One 3" strip shall be set full circumference at the bottom sweep of the outer shell; one 3" strip shall be set around each sleeve approximately 2" from bottom of sleeve cuff; one 3" strip shall be set full circumference at the chest; one 3" strip shall be set around each sleeve just above the elbow; two 3" V shaped vertical strips shall be set at an angle from hem trim to back chest trim of the coat. Coat Collar: Moisture Barrier / Thermal Liner Construction, the liner collar shall be a layer of self - material and a layer of CROSSTECH® Black. The design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. The left and right fronts of the liner collar shall be attached to the facings at the front closure of the outer shell. The neck of the liner collar shall be secured to the neck of the outer shell collar such that when donning the coat an arm may not be accidentally caught between the outer shell and its inner linings. A 4" wide CROSSTECHO Black and 1.75" self -material extension shall be sewn the full length of the neck with two pieces of 1" loop for attachment to shell collar. The self - material extension shall overlap the shell collar to prevent exposure of the hook and loop. Collar closure shall be provided by FR hook and loop 1.5" x 4", with hook portion sewn on right side of collar, and loop portion sewn on left, set horizontal. Collar: The 3" split collar shall consist of two-piece construction shaped for comfort. The collar shall be configured such that when the collar is raised it shall remain standing while providing continuous thermal and moisture protection around the neck and face. To ensure this protection, the two layers of outer shell collar shall be fully lined with a layer of CROSSTECHO Black. The shell collar shall 21 1 RFP 21-FDOI (R) provide proper interface with the liner to insure no moisture penetration through the collar seam to the inside of coat. The shell collar shall have two pieces 1 " hook along top edge for liner attachment. The collar shall be attached to the liner facing using 1 " hook. Collar shall be of such design so as not to interfere with SCBA face masks, or helmet. Hanger loop: An external hanger loop constructed of a double layer of outer shell material and reinforced with two 42 -stitch bar tacks shall be provided on the outside of the coat at the collar seam. It shall be designed to provide long service and shall not tear or separate from the coat when the coat is hung by the hanger loop, loaded evenly with a weight of 80 lbs. and allowed to hang for one minute. Coat Inner Yoke Reinforcement: A layer of Semper OriTM (3.0 oz./sq. yd. Teflon@ treated Chambray (NOMEX@ spun) face cloth quilted to two layers of NOMEX@/Kevlar@ spunlace (Total weight+/ - 6.0 -6.8 oz./sq. yd)) shall be positioned between the moisture barrier and thermal liner for extra thermal protection in a high heat and compression area of the coat. It shall be sewn to the inside of the upper back portion of the thermal liner across the upper back from the back shoulder and collar seams 7" down, over the tops of shoulders and down the front approximately 4" ending at the armhole. Coat Shoulder Reinforcement: A 4" wide area at the top of the shoulders extending 6" from the collar seam shall be capped with outer shell material for abrasion resistance and thermal protection. Coat Elbow Reinforcement: The elbow shall have an insert throughout all layers that shall provide a natural bend in the sleeve. This elbow shall include shaped pieces and darts to create free movement with few restrictions. The insert shall consist of two layers of outer shell material for abrasion resistance and thermal protection. Coat Cuff Reinforcement: The extended cuff of the sleeve shall be reinforced with a binding of outer shell material not less than 3" in total width for abrasion resistance and thermal protection. One leather tab with female snap fastener shall be set in the cuff to attach outer shell to liner. Coat Wristlets: An internal wristlet shall consist of a 2 -ply knit of 48% NOMEX@/48% KEVLAR@ and 4% Spandex for superior recovery. Wristlet to be combination of natural and khaki colors, and with extremely durable Teflon@ water resistant alloy not less than 8" extending completely over the palm with a thumbhole preventing the wristlet 22 1 RFP 21 -FDO I (R) from sliding back. A layer of DuPont Nomex Nano Flex shall be inside the wristlets to help reduce particulate ingress. Wristlets shall be double stitched and bound to the moisture barrier/thermal liner providing extended thermal and slash protection. Coat Water Well: A combination Chambray face cloth quilted to two layers of AraFlo E89 and one layer of breathable CROSSTECHO Black (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to form a sleeve well. A 3/4" wide strip of loop fastener shall be sewn full circumference to the end of the thermal liner leader to help secure the combination liner to the outer shell. A CROSSTECHO Black {Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end. This leader shall be approximately 4" in length and end with a gathering of 1" elastic. This sleeve well shall prevent water and hazardous materials from entering the sleeve when arms are in a raised position. The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the snaps then attaching the loop fastener of the combination liner sleeve end with the hook fastener on the outer shell sleeve. This method of combination liner attachment shall prevent any gaps from occurring between the combination liner and sleeve well during a full range of motion. The combination liner shall extend to within 1" of the sleeve ends. Coat Closure System: THERMAL FRONT PANEL CONSTRUCTION: There shall be continuous thermal and moisture protection around the entire torso including the storm flap. To ensure this protection, as well as reduce potential for wicking moisture to inside of liner, both right and left inside front facings of the coat outer shell shall incorporate outer shell fabric extending from collar to hem. COAT FRONT CLOSURE DESIGN: The complete outer shell coat front closure design shall consist of a FRONT CLOSURE SYSTEM completely protected by an OUTSIDE STORM FLAP which shall have its own, independent STORM FLAP CLOSURE SYSTEM. STORM FLAP: A storm flap measuring not less than 2.5" wide, nor less than 22" in length shall be set on the outside of the right side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm flap shall be Gore RT7100TM PTFE moisture barrier meeting all requirements for moisture barriers sandwiched between two layers of outer shell fabric. FRONT/STORM FLAP CLOSURES: The front closure shall consist of a thermoplastic zipper with a 1 3/4" polymer coated aramid tab added to left bottom for fast closure and exit. The storm flap closure shall consist of double -stitched 1.5" wide hook and loop attachment with hook fastener sewn on the left front of the coat, 23 1 RFP 21 -FDO I (R) and corresponding loop fastener sewn on the inner side of the outer storm flap. The hook and loop closure shall extend the full length of the outer storm flap eliminating all exposed frontal hardware. Liner Inspection System: There shall be an 1 1" opening located on the coat liner system at the center right front of the liner. This opening will provide the ability to completely invert the coat liner to properly view the integrity of the entire liner system. There shall be one piece 1 " x 4" FR loop sewn to the back side of the liner system with a piece of 1.5" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. Coat Options accessories that will be included with the Coats: MISC. Fasteners - Utility snap hook shall be attached to outer shell. Utility snap shall be securely riveted with three leather reinforced rivets. Item Location shall be located on the right side of the chest. Mic Tab - There shall be a 1 " X 3" triple layer self -fabric mic tab attached with bar tacks on each side. Bar tacks shall be a minimum 42 -stitch bar tack. Item Location shall be located on the left chest above radio pocket. Mic Tab - There shall be a 1 " x 3" self -fabric mic tab w/ Poly -coated aramid inside- mic tab bartacked to the shell on each end. Item Location shall be located on the right chest. Flashlight Strap - 2"xl 0" self -fabric strap x -stitched at the center shall close around the flashlight with 1 piece of 2" x 3" hook fastener on one end and 1 piece of 2" x 3" loop on the other. Item Location shall be located on right chest. Flashlight Strap - There shall be a 1 x2.25' self -fabric strap bartacked to the shell, with 1.5" dee threaded through strap to form loop. Coat Shell Attachment: There shall be a 1" x 2" self -fabric strap with one end sewn to the coat shell & opposite end loose with one female non -logo snap. One male snap shall be centered on the liner at the bottom rear panel to align with the female snap. Sewn on Lettering: There shall be 2" lime yellow Scotch lite letters, sewn -on. Lettering & Location for Lettering: Lettering shall be arched across the yoke, sewn on lettering shall be 2" lime yellow Scotch lite letters, sewn -on. 24 1 RFP 21-FD01(R) Letterinct Patches: There shall be one 5"x18" contoured 2 -layer self -fabric one -line Letter Patch attached to hang from back hem. Lettering Patch Attachment: Hook & loop shall be used to attach patch to coat. Lettering Patch Attachment: There shall be one male snap at each top corner of hanging letter patch (total of two male snaps) and two female logo snaps on the inside of the shell to align with the male snaps. Sewn on Lettering: There shall be 3" lime yellow Scotch lite letters, sewn -on. Lettering: Lettering shall be Location for Lettering Shall be on a patch. 2. Custom Structural Turnout Pant JANESVILLE ISOM V -Force High -Back ---- Suspenders Included ---- Pant Model Design Pant Construction: The pant shall have a low-rise waist V-FitTM design with five -inch -high back panel with hook and loop for support panel of Lion V-BackTm suspenders (required with these pants). Extended Back Panel: A back panel shall be constructed of two layers of outer shell material, one middle layer of moisture barrier material and one layer of thermal liner material. One-piece self -fabric flap 9" wide x 5" high with 5" x 9" hook to attach suspenders. This panel shall be stitched to the perimeter of the outer shell and shall measure 10" across the top, 19" across the bottom (being graded for waist size) and extend 5" above the pant waist with 5" x 9" loop. See V-BackTM suspender specification. Radial Inseam Band: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pant. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. 25 1 RFP 21 -FDO] (R) Waistband: The waist of the pants shall be reinforced on the inside with 1- ply of outer shell material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. MISC. Pant Options: Two 2" wide self -material suspender tabs with snaps shall be attached to waist front for suspender attachment. Pant Outer Shell Material: The outer shell shall be constructed of+/- 7.0 oz./sq. yd. 70% "PBI Dominant" PBI®/KEVLAR@ spun yarns/30% 600 denier KEVLAR@ filament in a twill weave with extremely durable FPE water resistant Teflon@ FPE alloy finish. Color shall be natural (gold). Thermal Liner: The thermal liner shall be comprised of Glide IceTM high -lubricity, stress reducing, filamenUspun face cloth weighing 3.6 oz/sq/yd. The Kevlar Nomex filament yarns shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Spun yarns comprised of 30% Nomex and 10% Lenzing FR spun yarns with superior wicking characteristics shall be used to promote moisture management within the garment. The Glide Ice TM face cloth shall be quilted to one layer spunlace aramid (85%NOMEX@/15% KEVLAR@) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11-13 apertures/sq. inch) spunlace aramid (85% NOMEX@/15% KEVLAR@) weighing approximately 1.5 oz./sq. yd. both layers shall be treated with a Teflon@ finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight+/- 7.3 oz./sq. yd.). Moisture Barrier: CROSSTECHO BLACK fTyne 2F): NOMEX@ substrate laminated to a lightweight breathable, Teflon membrane; weighing 4.7 oz./sq. yd. Moisture Barrier/Thermal Liner Construction: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. To deter the wicking of moisture up the thermal liner leg the bottom nine inches of each thermal leg shall be constructed of Semper DriTM (3.0 oz./sq. yd. Teflon@ treated Chambray (NOMEX@ spun) face cloth quilted to two layers of NOMEX@/Kevlar@ spunlace (Total weight+/- 6.8 oz./sq. yd.)). The waist of the moisture barrier/thermal liner shall be secured to the waist of the outer shell such that when donning the pant a leg may not be accidentally caught between the 26 1 RFP 21-FDOI (R) outer shell and its inner linings along the waist and between the legs of the pant. For added thermal protection to the knee, an additional layer of 1/8" thick, fire retardant closed -cell foam shall be positioned between the moisture barrier and thermal liner at the knee. Quilt Thermal Liner Construction: The CROSSTECH®/NOMEXOO pajama check moisture barrier shall be sewn to the thermal liner at its perimeter. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 3" from the cuffs. Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by using snaps and hook and loop. Nine evenly spaced snaps shall secure the liner to the integral waistband; Two snaps shall be set in leather leg tabs at each leg end. Reflective Trim: All trim shall be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. Ventilated Trim shall be of 3" Scotch lite II (triple trim) of lime/yellow perforated with 0.08 mm holes (1 14 per square inch) to provide a conduit for the release of vapor that can occur when moisture is heated, and the trim compressed. Pant trim shall be applied as follows: one strip set full circumference around the bottom of the cuff 3" from the bottom cuff. PANT FLY CLOSURE: Storm Fly/Closure: The outer shell shall have a sewn on overlapping fly front running the full length of the fly on the left side. The flap shall not be less than 2.5" wide at the waistband. The bottom of the fly shall be reinforced with a 42 stitch bartack. The storm fly shall be held closed along its length by means of a hook and loop fastener closure 1.5" minimum width, along the leading edge for a distance of not less than 6" from the bottom of the fly closure to the waist area for proper alignment and secure closure. Velcro stitching will be double rows. Additionally, one snap shall be positioned at the inside top of the fly. Pant closure shall be provided by a thermo plastic zipper. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECHO (Type 2C) moisture barrier material. Thermal Fly Assembly: A 3/4" wide x 9" long loop fastener shall be sewn to the 27 1 RFP 21-FD01 (R) moisture barrier/thermal liner to engage corresponding hook fastener on the underside of the outside storm fly and facing. Waistband: The waist of the pants shall be reinforced on the inside with one ply of outer shell fabric material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. Hook & Dee: A hook and dee ring closure shall be used for quick one motion closing at the waist. The hook shall be 2.5" in length, made of a zinc nonferrous metal alloy and weigh 1.2 oz. +/- 5%. It shall be securely fastened to the pant by means of a 5/8" wide, treated leather take up strap looped through the rear of the buckle and triple riveted to the pant shell with leather backed rivets. The dee shall be made of a nonferrous metal alloy 2" long x 1 1/16" wide and secured by two leather backed rivets to the leading edge of fly flap. Take Up Straps: There shall be two waist straps sewn and bar tacked 2 '/2" down from the top of the waistband. One strap shall be installed on the right side and one on the left side constructed out of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. Each strap shall be a minimum of 8'/2" in length. These take-up straps shall have a 5/8" nickel plated postman style slide buckle which shall be attached by a piece of shell material six (6) inches in length folded to form two layers. The strap is sewn to form an attachment strap approximately three (3) inches in length designed for quick take-up adjustment. Pant Knee Reinforcement: V-FITTm KNEE: The knee shall have an insert throughout all layers that shall provide a natural bend in the leg. This knee shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist of black poly -coated aramid for abrasion resistance and thermal protection. For added thermal protection, an additional layer of uninterrupted 1/8" thick, fire retardant closed -cell foam shall be positioned between the moisture barrier and thermal liner. For additional extended thermal protection, two layers of uninterrupted 1/8" thick, fire retardant closed -cell foam and one layer of silicone shall be also be positioned between the reinforcement layer and outer shell. Pant Cuff Reinforcement: The cuff area of the pant shall be reinforced with a binding of outer shell material not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. In addition, a 3" x 3'/2" piece of reinforcement material shall be sewn on the inseam area of the pant leg above the pant cuff and below the pant trim, in order to provide extra abrasion protection. The material used on the kick shield 28 1 RFP 21-FD01 (R) shall match the material used on the pants cuffs. Boot Cut: The back portion of the cuff will gradually curve upward from each side seam to a maximum of 2" at the center back of the pant leg to prevent wear on the back of the cuff. Lecg Tabs: Two grey leather leg tabs 3/4" wide x 1 3/4" long with female snaps shall be bartacked 2" up from bottom edge on inside of the pant cuff with one on the inseam and one on the out seam. Liner Inspection System: There shall be an opening located on the pant liner system to the right side of the waist separating the thermal barrier and moisture barrier, approximately 10" in length. This opening will provide the ability to completely invert the pant liner to properly view the integrity of the entire liner system. There shall be a piece of 1" x 3" FR loop sewn to the moisture barrier 3" over from beginning of opening and a corresponding piece of I" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. Pant Options - Accessories that will be included with the Pants: Snag Attachment: There shall be one female and one male snap on the pant. Belt Loops: There shall be three self -fabric loops made with two separate 1 x3" straps with one- piece 1 x2" hook with one non -logo female snap and one-piece 1 x2" loop with one male snap. One loop shall be bartacked inside the center back at the waist and one loop shall be bartacked on each side. Strap: There shall be a 1 x6" strap with 1 -piece 1 x2" hook set to one end and 1 -piece 1 x2" loop set to other end. The strap shall be set to shell angled between pocket and welt using 3 bartacks. Belts and Harnesses: INTEGRATED CLASS II RESCUE HARNESS: An NFPA 1983 2006 Edition Class II Life Safety Harness will be positioned between the outer shell and thermal liner and integrated into the bunker pant by use of belt loops in order for the harness to be removable. The harness, constructed of 1.75" Kevlar webbing and sewn with 29 1 RFP 21-FD01(R) Kevlar thread, shall also meet all requirements for the NFPA 1971, 2007 Edition Standard. Class II harnesses are designed for rescue with a design load of 600 lbs. The harness is designed to respond to the user when loaded but is relaxed when not in use. It incorporates a 360 -degree waist belt in addition to two leg loops for supporting the load. There are two polymer coated aramid welt openings in the front of the pant to allow the harness to pass through. An adjustable buckle is located outside the pant at the waist for easy and secure closure. One D -Ring shall be located outside the pant at the center of the waist for attachment to the anchor point. Personai Rescue System: The escape system shall consist of the following components, designed to work together to provide self -rescue in an emergency situation: 1. 50' 8mm CMC Rescue Pro Series Aramid Escape Rope 2. CMC Rescue Pro Series Escape Artist Descender 3. CMC Rescue Pro Tech Locking D Carabineer 4. Tether with Quick Link for attaching the Escape Artist 5. Escape Anchor Hook Coat Pockets specifications: Turn -Out Pockets 8.5" x 9" handwarmer pocket that expand by means of a 2" pleat. The pockets shall be lined and reinforced with self -fabric 4.5" up on the inside of the pocket with a self -material backer. The pocket shall be set at the bottom of the coat hem and reflective trim shall be set on each pocket. Pockets and flaps shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Each pocket flap shall measure 3" x 9.5". Pocket flaps shall close to the pocket using 2 pieces of 1.5" x 2.75" loop horizontally on the pocket and 2 pieces of 1.5" x 2.75" hook vertically on underside of flap. Item Location shall be on left and right of the front bottom. Turn -Out Pockets: One 3.5" wide x 8" deep full bellows radio pocket that expands by means of side and front gussets to a thickness of 2" in front and back. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with a minimum 42 -stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flaps shall be 4.5"x 5". 30 1 RFP 21-FD01(R) Pocket shall be fully lined all 4 sides inside pocket and flap with polycotton lining. Pocket flap shall close to the pocket top using 1 piece of 2"x 3" loop on pocket horizontally and 1 piece of 2"x 3" hook on flap vertically. Pocket flap shall include an antenna notch to accommodate an antenna. Item Location shall be located on the left side of the chest. Pant pocket specifications: Turn -Out Pockets 9" wide x 10" high, outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back. Pockets shall be fully lined with KEVLARO twill on all 4 sides inside of pocket; two layers of KEVLARO lined self -fabric on shell inside pocket. First layer 6.5" high, second layer 4.5" high. Both layers stitched in 3" increments to create six tool compartments. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture is to be provided by brass eyelets. Pocket flaps shall be 5" x 10" A hook and loop fastener closure system shall be set with 2" x 9" loop fastener horizontally on the pocket and three pieces of 1.5" x 3" hook fastener vertically on the underside of the flap. Item Location shall be located on the right thigh. Turn -Out Pockets 10.5" wide x 10" high full bellows pocket that expands by means of side and bottom gussets to a depth of 2.25'. The leading end of the pocket is 9" high. Pockets shall be lined on with KEVLARO 5" up inside of pocket. A 7" wide x 6.5" high arashield patch pocket with two equal 3.5" divisions is sewn to the outside front of the pocket. Vertical bartacks shall be at the top corners and top center of the patch. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. 31 1 RFP 21-FDOI (R) Drainage of moisture to be provided by brass eyelets. The pocket includes an internal shelf/ flap set horizontally measuring 9" wide x 4" high inside the pocket approximately 3.5" below the top of the pocket. One side of the flap shall be sewn to the back of the pocket along the 9" dimension, the other 9" side of the flap shall be secured to the front of the pocket with hook and loop fastener. A piece of 9" wide x 1" high loop fastener is set horizontally on the inside of the pocket, and a corresponding piece of 9" wide x 1 " high hook fastener set horizontally on the underside of the inside flap. The pocket flap closure shall be set on the outside and measure 11.75' wide x 8.5" high with a piece of 8.5" wide x V high padding on the underside of the flap to facilitate gripping of the pocket flap. The hook and loop fastener closure system shall be set with one piece of 7" wide x 2" high loop fastener set horizontally on the patch pocket, and a corresponding piece of 7" wide x 2" high hook fastener set horizontally on the outside pocket flap under the padding. The pocket flap shall include a notch positioned on the front side of the flap to accommodate an antenna. Item Location shall be located on the left thigh. Turn -Out Pockets One 2.5" wide x 6.5" deep full bellows radio pocket that tapering down to 1.75' at the bottom that expands by means of side and front gussets to a thickness of 1" in front and back. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with a minimum 42 -stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flap shall be 3.5" x 6". Pocket shall be fully lined all 3 sides inside pocket with polycotton lining and 3" up inside with leather. There shall be one I" x 8" strap X -Stitched 0.5" above the radio pocket with one piece 1 " x 3.5" hook on one end and 1 " x 3.5" loop on the other end. Pocket flap shall be set 2" above the strap and close to the pocket top using one piece of 1 "x 2.5" loop on pocket horizontally and one piece of 2"x 3" hook on flap horizontally. Item Location shall be located on the right outer side of leg. 32 1 RFP 21-FD01 (R) Suspenders: SCOPE: A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V -Force TM Highback pants with hook and loop in back and snap attachment in front. DESIGN: Two 12" front pull straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through 2" metal loops and secured with a two - needle lockstitch at one end. A black military finish steel double dee ring shall be fed through the webbing. The other end of the webbing shall be fed through a 2" wide thermo-plastic dee ring and secured with a two -needle lockstitch. The dee ring shall function as a pull strap for easily adjusting the suspenders for proper fit. Two 1" shoulder straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through the top half of the steel double dee ring and secured with a two -needle lockstitch. The top of each strap shall be secured to the V-shaped shoulder pad with two -needle lockstitch and two 42 -stitch bartacks. Two 6" back straps made of 2" wide elastic webbing shall be joined with two - needle lockstitch at the bottom of each V-shaped shoulder pad. The end of each back strap shall be single -needle lockstitch to an 8" wide by 4" high hook and loop panel for securing to V -Force back panel. Shoulder pads shall be constructed of two layers of 1/8" thick, fire retardant closed -cell foam encapsulated in 7.5 oz. Black NOMEXOO. Each shoulder pad shall be 3" wide and 12" long ending in a 4" high back reinforcement pad. Each shoulder pad shall have an embroidered Lion Head Logo. SECTION 4: OFFEROR PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 33 1 RFP 21 -FDO I (R) MILTO-N,lD� ESTABLISHED 2006 SECTION 5: COST PROPOSAL - Return with Proposal in a Separate File ♦ 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: Price for Coat: $1715.00 Price for Pants: $1665.00 Total Price for Both/Set: 3,380.00 Print Total Price: $3,380.00 per set ordered *Please list any proposed annual price increase/percentage: 5-8em given annually by manufacturer Print/Type Company Name Here: Municipal Equipment Company, LLC Authorized Signature Dole__ Print/Type Name Mathew Fenneman Print/Type President Title 01/06/21 34 ) RFP 21-FD01(R) 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. Proposal Evaluation Criteria 1. Proposal meets Scope of Work/Specifications................................... 50 points 2. Price............................................................................................ 50 points 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. 35 1 RFP 21-FD01 (R) 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 36 1 RFP 21-FDO1(R) 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. I I RFP 21-FDOI (R) H(jAM1E QF "1 rL eF$I OUAUre OF IIF IN GES7RC:IA' NJIN ESTARi.[511EU 1 GOODS AND SERVICES PURCHASE CONTRACT [PROJECT NAME] This Goods and Services Purchase Agreement ("Agreement") is made and entered into this 6 day of January , 20 21 (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, GA 30004 (hereinafter referred to as the "City"), and MuniciPal Equipment gINSERT FULL LEGAL NAME OF CONTRACTOR], a Florida LLC [INSERT STATE WHERE CONTRACTOR ENTITY WAS FORMED (E.G., GEORGIA) AND THE TYPE OF ENTITY (E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ETC.)], having its principal place of business at 408 Bif Court, Orlando, Fl [INSERT ADDRESS] (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to obtain certain [goods] [software licenses] and related [support] [training] [installation] services; and WHEREAS, Contractor has represented that it is capable of providing [goods] [software licenses] meeting the City's specifications, and is qualified by training and experience to perform the related services; 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 Agreement, any Order sent by the City under this Agreement, and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" - City's Request for Proposals Exhibit "B" - Contractor's Proposal Exhibit "C" - Insurance Certificate Exhibit "D" - Contractor Affidavit Exhibit "E" - 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. Supply of Goods. The City has requested proposals for provision of ppe turnout gear [describe goods/software licenses], attached hereto as Exhibit "A", and the Contractor has submitted a proposal to supply these goods (the "Goods"), attached hereto as Exhibit "B". The Contractor agrees to supply the Goods to the City in accordance with Exhibits "A" and "B", and the following terms and conditions: A. Quantity. [Option 1] The Contractor shall supply the Goods in such quantities as the City requires, with quantities to be specified in further purchase orders issued by the City. The City reserves the right to purchase like goods and services from other vendors. The City guarantees no maximum or minimum purchase. [Option 2] The Contractor shall supply the City with the following Goods: ppe turnout coat and pant B. Timing. The Goods shall be delivered [by �_] [within 120 days of ARO .] 2 1 RFP 21-FD01(R) C. [if _Option l_ selected above [Individual Purchase Orders. Each individual purchase of Goods shall begin with a written order ("Order") on a form provided by the City. Unless otherwise specified by on the Order, the invoicing and shipping addresses will be Attn: Purchasing Department, 2006 Heritage Walk, Milton, GA 30004. The following terms and conditions will govern each Order: i. Acceptance of each Order shall occur upon Contractor's acknowledgment of the Order, shipment of any Goods, or commencement of any work on Goods described by the Order. The Order shall be void unless signed by the City in accordance with the City's purchasing policy. Acceptance of each Order and any attachments constitutes a contract between Contractor and City, and this Agreement is made a part and a condition of the contract. ii. The Contractor shall affix the Order number on all invoices, packages and documents related to each Order. iii. A shipping memo showing the Order number must accompany all deliveries. iv. All Goods required in a single Order shall shipped together unless partial shipments are authorized in writing by the City. V. Acceptance of each Order is expressly limited to the terms stated in the Order and in this Agreement. If the Contractor objects to any terms stated in the Order, it shall notify City in writing within ten days of the date of the Order, and withhold shipment of the Good(s) listed therein until the controversy is resolved. Any oral or written acknowledgment or confirmation of any Order, any shipment of the Goods ordered, or the furnishing or any services pursuant to any Order shall, notwithstanding the terms of such acknowledgment or confirmation, constitute acceptance by the Contractor of each and all of the terms and conditions stated herein. (per manufacturer, currebtly Fed Ex) D. Shipping and Delivery. The Goods shall be shipped via [state shipping method and speed]. Packaging and packing of Goods shall insure safe arrival at their destination, secure lowest transportation cost, and conform with requirements of common carriers. The Contractor shall be responsible for any additional charges resulting from deviation from City's routing instructions. Contractor shall bear risk of loss or damage to Goods from shipment until delivery and inspection at the shipping address, with inspection to occur within seven business days of delivery. Defective or inaccurate shipments will be returned at Contractor's expense. Notwithstanding Contractor's delivery of any Goods, Contractor shall also bear risk of loss or damage to Goods beginning from the time that City gives notice of rejection of Goods pursuant to the inspection provisions above. E. Compensation. [Option 1 ] The amount paid as compensation for any Order shall be calculated based on the number of units ordered at the per-unit price set forth in Exhibit "B", [plus Contractor's actual shipping costs] [with shipping provided at no extra charge]. The prices set forth in Exhibit "B" shall be valid for at least one year from the Effective Date. A 5-8 % annual increase may be applied to the prices, provided the Contractor notifies the City in writing at least 30 days prior to any increase in price. [Option 2] The amount paid as compensation for the Goods shall be , [plus shipping costs of ][with shipping provided at no extra charge]. F. Terms Added by Contractor. The City will not be bound to any additional or different terms transmitted by Contractor or included in Contractor's package, invoices, catalogs, brochures, technical data sheets, or other documents. The City will in no event be bound by silence or acceptance of Goods to any terms and conditions other than those stated in this Agreement. G. Warran1y. Contractor warrants that any Goods supplied to City are of merchantable quality, free from defect, conform to all specifications set out in any Order, are fit for the purpose for which such goods are ordinarily employed and for the particular declared City purpose. If the Goods contain any component parts covered by separate warranties not automatically enforceable by the City, Contractor shall assign such warranties to the City. H. Compliance with Law. The Contractor specifically guarantees that: The Goods will be produced and shipped in compliance with the Federal Fair Labor Standards Act, the Federal Occupational Safety & Health Act, and DOT Hazardous Materials Regulations. If the Goods are "articles of wearing apparel" "fabrics" "interior furnishings", or "related material", covered 3 1 RFP 21-FDOI (R) by the Federal Flammable Fabrics Act, or similar state laws, then unless the Goods are exempted from the provisions of said laws, reasonable and representative tests have been made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act and the Goods have been shown not to be so highly flammable as to be dangerous. M. All Goods and elements of Goods supplied to the City are free of any infringement of a US or international copyright, patent or other intellectual property right. Section 3. Supply of Services. The City has requested proposals for provision of ppe equipment [describe support/training/installation services], attached hereto as Exhibit "A", and the Contractor has submitted a proposal to supply these services (the "Services"), attached hereto as Exhibit "B". The Contractor agrees to supply the Services to the City in accordance with Exhibits "A" and "B", and the following terms and conditions: A. Scope of Services. Unless otherwise stated in Exhibits "A" or "B", the Services include all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Services. Some details necessary for proper execution and completion of the Services may not be specifically described in the Scope of Work, but they are a requirement of the Services if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the work. B. Timing. The Services shall be provided in accordance with the following schedule [specify schedule] C. Compensation. [Option 1] The amount paid as compensation for Services under each Order shall be [calculated based on the units of service ordered at the per-unit price][calculated based on the hourly rate] set forth in Exhibit "B", [plus Contractor's actual costs][with no additional compensation for Contractor's costs]. The prices set forth in Exhibit "B" shall be valid for at least one year from the Effective Date. A % annual increase may be applied to the prices, provided the Contractor notifies the City in writing at least 30 days prior to any increase in price. [Option 2] The amount paid as compensation for the Services shall be [the fixed sum of ] [calculated based on the hourly rate set forth in Exhibit "B"], [plus Contractor's actual costs][with no additional compensation for Contractor's costs]. D. Warran . Contractor represents and warrants that it has the necessary knowledge, experience, abilities, skills and resources to perform the Services, and shall perform the Services in a professional manner and workmanlike manner, consistent with prevailing industry standards and practices. E. 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 Services contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Services described in this Agreement. F. Expertise of Contractor. 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 Services performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Services 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Services under professional and industry standards. G. Consultant's Reliance on Submissions by City_ Consultant must have timely information and input from City in order to perform the Services 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. 4 1 RFP 21-FD01(R) Section 4. Contract Term, Termination. The term of this Agreement ("Term') will commence as of the Effective Date, and terminate [Option 1 - upon provision of the Goods and Services and payment for the same] [Option 2 - on 1 (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. Provided that no damages are due to City for Contractor's breach of this Agreement, City shall pay Contractor any amounts owed as of the date of termination. If the Term of this Agreement spans more than one calendar 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 Contractor at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. -Contractor understands that time is of the essence of this Agreement and warrants and represents that it will provide the Goods and perform the Services in a prompt and timely manner. Section 5. Payment There will be no down -payment for any Goods and Services. The City will pay Contractor upon receipt and inspection of the Goods and Services and approval of invoices for the same. No payments will be made for unauthorized Goods or Services. Invoices shall set forth in detail the Goods and Services provided, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be paid within 30 days of receipt unless reasonably disputed by the City, in which case the City may retain any disputed amounts until resolution of the dispute. Section 6. Change Drdem Any modification to this Agreement shall require a written change order executed by the City in accordance with its purchasing regulations. Section 7. Covenants of Contractor. A. Compliance with Law_ Contractor shall provide the Goods and perform all Services in accordance with the standard of care and quality ordinarily expected in the industry 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.). B. 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. C. 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. D. 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 "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 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; or 5 1 RFP 21-FDOI (R) (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event 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 Exhibit "E", which subcontractor affidavit shall become part of the Contractor/ subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is 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. 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. g 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. E. 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 providing the Goods and performing the Services. 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 -consultant under a contract to the prime contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 6 1 RFP 21 -FDO] (R) F. 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. G. 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, 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. H. Responsibility of Contractor and Indemnification of Cites+. Contractor covenants and agrees to take and assume all responsibility for defects in the Goods sold and Services provided 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 character of the Goods and the performance of the Services rendered, including without limitation any actual or alleged patent infringement, domestic or foreign, in the use of the Goods. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Services, supply of the Goods, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable. The defense and indemnity obligations above shall apply regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that with respect to engineering, architectural, or land surveying services, there shall only be an indemnity obligation 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 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. 1. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to provide the Goods and perform the Services 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 Services are performed and the method used to perform such Services; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring and payment of consultants, agents or employees to complete the Services, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, 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. J. Confidentiality, Consultant acknowledges that it may receive confidential information of City and that it will 7 1 RFP 21 -FDO I (R) 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. K. 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 Services 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. Section 8. 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. 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 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. 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. 8 1 RFP 21 -FDO I (R) IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 9 1 RFP 21-FD01(R) CONTRACTOR: Mathew Fenneman, President /Municipal Equipment Co. [INSERT FULL LEGAL NAME OF CONSULTANT] Signature: Print Name: Mathew Fenneman Title: [CIRCLE ONE] President/ Vice President (Corporation) General Partner (Partnership/ Limited Partnership) X Member/ Manager (LLC) Owner (Sole Proprietorship/ Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: L Print Name: T US�i'/) Title: r Le (Assistant) Corporate Secretary (re fired if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney 10 1 RFP 21-FDOI (R) EXHIBIT "A". [INSERT REQUEST FOR PROPOSAL] 11 1 RFP 21-FDOI (R) EXHIBIT "B" Quote is attached with specifications at the end of this bid Quote Entered Date Taken By Customer # Quote # 1/6/21 LB01 13468 420521-00 PO # Quote Expires Page # j 05/07/21 1 Bill To Ship To MILTON FIRE DEPARTMENT _ CITY OF MILTON ACCOUNTS PAYABLE ATTN: CAPTAIN JOHNNY GOMEZ 750 HICKORY FLAT ROAD 750 HICKORY FLAT ROAD MILTON, GA 30004 MILTON, GA 30004 Correspondence To MUNICIPAL EQUIPMENT CO, 408 BIF COURT EMAIL: SALES@MECOFIRE.0 PHONE (800) 228-8448 ORLANDO, FL 32809 Instructions Ship Point Via Shipped Terms MUNICIPAL EQUIPMENT- FLORIDA NET 30 DAYS Notes PRICE INCLUDES FREIGHT AND MEASURING OF PERSONNE PRICE EXPIRES. MAY 7, 2021 Line Product and Description 1 CVBM LION TURNOUT VFORCE BI -SWING COAT OUTERSHELL: PBI MAX NATURAL LINER: K7 TRADITIONAL THIS PRICE IS FOR GEAR WITHOUT REDZONE OPTION OPTION AVAILABLE AT ADDITIONAL COST DETAILED SPECIFICATIONS ATTACHED 2 PVHM JANESVILLE V -FORCE HIGH BACK PANT WITH SUSPENDER OUTERSHELL: PBI MAX NATURAL LINER: K7 TRADITIONAL THIS PRICE IS FOR GEAR WITHOUT REDZONE OPTION DETAILED SPECIFICATIONS ATTACHED 2 Lines Total Total Order Qu L UPC Order Shipped Qty UM Unit Price Price UM Amount(Net) Item Quantity. Quantity 00000 1.00 0,00 each 1 1,715.00 ' each 1 1,715.00 00000 j 1,00 1 0.00 I each j 1,665,00 1 each j 1,665,00 2.00 1 Subtotal 3,380.00 1 Taxes 0.00 Total 3,380.00 ULION"' ready for action REVISION J: 2020 Prices 7200 Poe Ave, Suite 400 Dayton, OH. 45414 ON BEHALF: Phn 800-421-2926 Municipal Equipment Company Fax 877-803-1032 FOR: 7/14/2020 - CHANGE LINER TO K7 FROM K4 --- SEE BELOW FOR COAT, PANTS, COAT-REDZONE, PANTS-REDZONE, AND OPTIONS Milton Fire Dept. >>> SEE FRONT OF COAT LAYOUT "MiltonGA MECO PSGQ10553-B FOC 9-17-13" located at Y:\MECO. *** Custom Turnout Coat - 2020 *** Coat Model / Design V -Force@ Bi -Swing Coat LION@ Turnout V -Force@) Bi -Swing Coat Coat Model / Design CVBM/F MALE 29" (CVBM-29), 30.5" (CVBM-305), 32" (CVBM-32), 33.5" (CVBM-335) & 35" (CVBM-35); FEMALE 29" (CVBF-29) & 32" (CVBF-32) V -Force Bi -Swing Coat Coat Liner & Moisture Barrier K7 - Traditional Traditional Liner, Glide IceTM face cloth quilted to DWR treated 2.3 oz NOMEXO/Kevlar@ spunlace & DWR treated 1.5 oz AraFloO, CROSSTECHO BLACK (Type 2F) PTFE/NomexO Pajama Check laminated membrane Coat Water Well CLW227 (Std) Chambray DWR 2 -Layer AraFlo E89 Quilt with Chambray face cloth//Pajama Check CROSSTECH with 1" elastic wrist shield. Waterwell with 3/4" loop, male snap, sewn to coat liner sleeves. - V -Fit Coat Inner Yoke Reinforcement LYR233 (Std) Semper Dri@ front and back yokes sewn to coat thermal liners. (RM1377-059) - V -Force Bi -Swing Coat Wristlets CLW753 (Std) 8" isodri@ over the hand- KEVLARO / NOMEXO / Spandex@ construction Page: 1 of 15 1 Coat Outer Shell Material PBI® Max Natural PBI® Max, 7.0 oz., Natural Color Reflective Trim CT504PTY 3" Viz-a-VTM Yellow Ventilated Triple Trim for V -Force Drag Rescue Device BHS020 (Std) DRD: Firefighter Recovery Harness with 2" welt and 5.25x2.25" flap with rounded corners. 1 piece 1 x2" loop for harness storage. 2 pieces 1x2" loop on shell flap closure, 2 pieces 1x2" hook on flap. 1 piece 1.5x2" hook on harness. 1 piece 2x2" loop underneath chest trim for harness storage, 1 pair 1x3.5" self -fabric straps with 1x2" hook and loop. Coat Shell Attachment CSA709 (Std) 1x2" Self Fabric strap w/ 1 end sewn to coat shell & opposite end loose w/ 1 female non -logo snap, 1 male snap on liner centered at bottom rear panel to align w/ the female snap. (Cannot be used on coat where liner is 3" from shell). (Standard on V -Force) Coat Collar CR236 (Std) 3" split self fabric collar with CROSSTECH® PJ lined. 2 pieces 1 x3" hook on each end inside and two pieces 1" hook set 1/2" from center along top edge for liner attachment. 1.5x4" hook&loop for front closure. V -Fit Collar Flashing CLF221 (Std) 3" Self fabric, PJ CROSSTECH lined split collar with 2 pieces 1 x3" loop on moisture barrier, 2 pieces 1" loop set 1/2" from center along top edge for attachment to shell. Use with CR236 & CR237 Liner Inspection System CL0208 (Std) Coat liner inspection system located at center right front of liner, with 1 x4" loop. V -Fit coats MISC. Fasteners MF020 (Std) 1.5x3" hook sewn to right front shell for the Coat Liner Inspection System - V -Fit Coat Cuff Reinforcement CC710 (Std.) Self -Fabric Cuff Reinforcements - V -Fit Coat Elbow Reinforcement EB517 (Std) Contoured self fabric elbow patch - no padding, V -Force Bi -Swing Coat Shoulder Reinforcement SC715 (Std) Self fabric shoulder caps Coat Closure System SF244 2.5" Stormflap (square corners) w/ 2 layers self fabric & 1 layer Gore RT7100 PTFE, thermal plastic zipper in (bottom 3" of zipper on left side is angled out), 1.5" hook & loop out (zipper in, loop on coat front, ****hook on stormflap****) w/ PCA tab for V -Fit Bi -Swing coat Coat Pockets Turn -Out Pockets HP567 (2) 8.5x9" patch pocket & handwarmer combination with expandable 2" pleat self fabric 4.5" up inside on pocket, self fabric backer, 2 pieces 1.5 Page: 2 2of15 x2.75" loop on pocket & 2 pieces 1.5 x2.75" hook on flap. (For 29" coats, use HP573. For 26" coats, use HP600) Item Location for Above Front bottom- Left & Right Turn -Out Pockets RP783 3.5x8x2" Radio pocket with polycotton fully lined all 4 sides inside pocket and flap, 1 piece 2x3" loop on pocket, 1 piece of 2x3" hook on flap, antenna notch. Item Location for Above Chest Left Flashlight Strap FLS558 2x10" self fabric strap with 1 piece 2x3" hook on one end & 1 piece 2x3" loop on the other end, strap to be X -stitched on. Item Location for Above Right Chest just above chest trim. MF003 will be 2" above. MISC. Fasteners MF003 Utility Snap Hook (reverse snap riveted to coat shell) Item Location for Above Chest Right 2" above FLS558. MT548 will be above about V. Sewn On Lettering LTSL2YNS Sewn On 2" Lime Yellow 3MTM ScotchliteTm Letters (each line) 6 - 12 Alpha Numeric Name Characters Lettering Lettering to read - CITY OF MILTON Location for Lettering Arched on yoke (LINE 1 OF 2) Sewn On Lettering LTSL2YNS Sewn On 2" Lime Yellow 3MTM ScotchliteTm Letters (each line) 6 - 12 Alpha Numeric Name Characters Lettering Lettering to read - FIRE DEPT Location for Lettering Across yoke (LINE 2 OF 2) Lettering Patches LP34 5x18" contoured 2 layer self fabric one line letter patch to be attached to hem of coat. Lettering Patch Attachment LPV13 There shall be 1.5x18" hook sewn to top edge of 5x18" patch and 1.5x18" loop sewn with while thread through the trim to coat back inside at hem. Lettering Patch Attachment LPS6 1 male snap at top corners of letter patch & 2 female logo snaps on Page: 3 3of15 Description inside of shell to align with the male snaps = 2 male & 2 female nonlogo snaps. Sewn On Lettering LTSL3YNS Sewn On 3" Lime/Yellow 3MTM ScotchliteTm Letters (each line) 6 - 12 Alpha Numeric Name Characters Lettering Lettering shall be for 1 st Initial + Last Name Location for Lettering On above LP34 patch Mic Tab MT503 1 x3" triple layer self fabric mic tab bartacked each end. Item Location for Above Left Chest above Radio Pocket Mic Tab MT548 1 x3" self fabric mic tab w/ Poly -coated aramid inside- mic tab is tacked on each end to shell. Item Location for Above Right Chest opposite MT503; will be about 1" above MF003. Hanger Loop HL02 (Std) 5/8" x 5 1/2" Self fabric hangerloop. *** Custom Turnout Pants - 2020 *** --- INCLUDES SUSPENDERS --- Pant Model / Design PVHM/F LION@ Turnout V -Force@ High -Back Pant Pant Liner & Moisture Barrier K7 - Traditional Traditional Liner, Glide Ice TM face cloth quilted to DWR treated 2.3 oz NOMEXO/Kevlar0 spunlace & DWR treated 1.5 oz AraFloO, CROSSTECHO BLACK (Type 2F) PTFE/NomexO Pajama Check laminated membrane Liner Inspection System PL0200 (Std) Pant liner inspection system with 1x3" loop located at right side of liner waist. MISC. Fasteners MF018 (Std) 1 x3" hook sewn to right shell front for the pant liner inspection system. Page: 4 4of15 Pant Outer Shell Material PBI® Max Natural PBI® Max, 7.0 oz., Natural Color Pant Fly Closure FLY233 (Std) Sewn on pant FLY with PJ CROSSTECH®, closure thermo plastic zipper inside with 1.5" hook & loop, 3/4" hook underneath PJ crosstech for liner attachment. V -Fit Instructions for Above SPECIAL INSTRUCTIONS »» NO SNAP AT THE TOP. Hook & Dee TUP503 1 short leather take-up strap riveted, 703 snap hook, D -ring Take Up Straps TUP506 (Std) 1 pair 1/2" x 8 1/2" self fabric postman take-up straps, 2 bartacks each strap and 5/8" postman slides. Leg Tabs LGT000-GRY (Std) 2 Grey Leather leg tabs per leg with non -logo female snaps. Pant Knee Reinforcement KP243-BLK Black Poly coated aramid contoured knees with 2 layers GIC E-88 foam padding and 1 layer silicone foam padding. V -Fit. Pant Cuff Reinforcement PC500A (Std) Self fabric pant cuffs and 3x3.5" kick shield. Boot Cut PM0542 "Boot cut" pant legs. Belts and Harnesses BHS028 RIGHT SIDE CLOSURE: Removable Harness with 1.5x3.5" Self Fabric strap, 1 piece 1.5x1.5" loop, bartacked vertical on the top of the fly. Two PCA welts with black PBI Matrix outershell material folded over inside for reinforcement. Two rows lockstitch on welt. Due to the design of the harness, waist sizes below 30" and above 64" will not be able to incorporate a seat harness. Also, wide angled flys are unable to be used with this harness. Belt Loops BL032 3 Self Fabric loops made with 2 separate 1 x3" straps with 1 piece 1 x2" hook & 1 non -logo female snap, 1 piece 1x2" loop & 1 male snap. 1 loop bartacked inside center back waist & 1 loop on each side. Strap BL028 1 x6" strap with 1 piece 1 x2" hook set to one end and 1 piece 1 x2" loop set to other end. Strap set to shell angled between pocket and welt using 3 bartacks. Instructions for Above SPECIAL INSTRUCTIONS >>> BL028 TO RECEIVE SAP. Page. 5 5of15 Pant Pockets Turn -Out Pockets FBP1002 9x10x2" Full Bellow Pocket w/ KEVLAR® lined all 4 sides, (2) add layer of outer shell fabric lined with KEVLAR® on shell side inside pocket, first layer 6.5" high, second layer 4.5" high, both layers stitched in 3" increments to create 6 comp, 1 pc. 2x9" loop on pocket, 3 pcs 1.50" hook on flap. --- USE FBP1042 ON SMALLER SIZES. Item Location for Above Thigh Right Turn -Out Pockets FBP1030 10.5x10x9x2.25" Full Bellow Pocket with KEVLAR® 5" up inside pocket. 9x4" Flap with 1" hook. 1x9" loop sewn to inside front top 2.5" of bellow. 7x6.25" PCA patch sewn to outside front with stitch to create an evenly divided pouch and vertical bartacks at the top corners. 11.75x8.5" closure flap with rounded bottom corners and cylinder of 8.5x1" padding inside across bottom for hand grab. 7x2" hook inside flap 1.5" from bottom. 7x2" loop horizontal on pocket 3.5" below top. (not sewn through patch). Antenna notch on front side. Note: When combined with the Personal Rescue System, this pocket will only fit on pants with an inseam length of 27" or longer. For inseams shorter than that, please use FBP1037. Item Location for Above Thigh Left Turn -Out Pockets RP848 2.5x6.5x1" Pocket with polycotton fully lined all 3 sides inside pocket and leather 3" up inside of pocket. 1x2.5" loop on pocket, 2x3" hook horizontally on flap. 1x8" strap X -stitched 1/2" above radio pocket with 1 x3.5" hook&loop. 3.5x6" flap set 2" above strap. Pocket to taper to 1.75" width at bottom. Slanted on sideseam towards back. Item Location for Above Leg Outer Right Calf above trim. Flashlight Strap FLS595 (2),' 1x2.25" self fabric strap with 1.5" dee threaded through strap to form loop, bartacked to shell. Item Location for Above (1) each left & right rear 2" below waist top, 3" over from center. Snap Attachment SAP216 ^ 1 Female and 1 Male snap on Pant - Customer to Suppy Location. Item Location for Above Center of Velcro on BL028 to secure closure. Reflective Trim PTC4PT3Y 3" Lime/Yellow Ventilated Triple Trim Reflective trim around leg bottoms - 4 rows lockstitch. Page. 6 6of15 Description. MFGR Part # MISC. Pant Options PM0702 (Std) 2-2" wide Self Fabric suspender tabs with 2 male and 2 female logo snaps attached to the front of the waist reinforced with 2 bartacks each. Suspenders SR840 40" V -BACK quick adjust - stretch padded suspenders - Red; APPLIES TO ALL AVAILABLE LENGTHS. *** Custom REDZONE Turnout Coat - 2020 *** Coat Model / Design V -Force® Bi -Swing Coat LION® Turnout V -Force® Bi -Swing Coat Coat Model / Design CVBM/F MALE 29" (CVBM-29), 30.5' (CVBM-305), 32" (CVBM-32), 33.5" (CVBM-335) & 35" (CVBM-35); FEMALE 29" (CVBF-29) & 32" (CVBF-32) V -Force Bi -Swing Coat 7of7 13 1 RFP 21-FD01 (R) STATE OF COUNTY OF FXHTHTT "D" 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: G3-fZgto Federal Work Authorization User Identification Number 1 ly� 26 13 Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on - J 20:21 in b 2t'4WJ u (city), F L— (state). ->k7 - fly Signature of Authorierl. Officer or Agent M uVN! z4lVGI !:Qcglzr"" �c ►�I-A-, .lr Name of Contractor Printed Name and Title of Authorized Officer INSERT NAME OF PRO EC'I;j Name of Project Qy of Milton Georgia Name of Public Employer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE -7 DAY OF 7A,A)v 20 2-1. NOTAVY PUBLIC 'K DALE DALE W. EST s � Notary Public - State Of Flollda My C m " E N GG 130455 AAy 22. x0res Oct 24, 2021 BondedlhroughNalionalNohuyAssn. 14 1 RFP 21-FD01(R) EXHIBIT "E" STATE OF COUNTY OF SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its cot i � itii O.C.G.A. § 13-10 91, stating affirmatively that the individual, firm or corporation wllic ' en d in the physical performance of services under a contract with ame of contractor) on behalf of the City of Milton, Georgia has registered with, is authoriz to use d uses the federal work authorization program commonly known as E -Verify, or se nt replacement program, in accordance with the applicable provisions and deadlin s es t in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will co e t the federal work authorization program throughout the contract period, and the undersi 11 actor will contract for the physical performance of services in satisfaction of su act o ly with sub -subcontractors who present an affidavit to the subcontractor with the inf n aired by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forwar, otic the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business � ceipt. If the undersigned subcontractor receives notice that a sub -subcontractor has re ived at • ft davit from any other contracted sub -subcontractor, the undersigned subcontractor must ' r�r[ . within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor he b ttes that its federal work authorization user identification number and date of authorization are I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer [INSERT NAME OF PROiECI'1 or Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton. Georgia ON THIS THE DAY OF Name of Public Employer --,20—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT “C” A RD® CERTIFICATE OF LIABILITY INSURANCE DDIYYYY)E (MM/ DATE 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 O'Neil, Lee & West, Inc. 3222 Corrine Dr., Suite C FL 32803 CONTACT NAME: Matt West PHONE FAX AIC No Ext): 407-425-3411 A/C No): 407-843-2632 E-MOrlando ADDRESS: matt@olwinc.com INSURER(S) AFFORDING COVERAGE NAIC # Y INSURER A: Great American Insurance Co. 16691 2/14/2021 INSURED MUNIEQU-01 Municipal Equipment Co, LLC 408 Bif Court INSURER B : Hartford Accident & Indemnity 22357 INSURER C: Twin City Fire Ins Co 29459 INSURER D : Orlando FL 32805 INSURER E : INSURER F: $ 500,000 COVERAGES CERTIFICATE NUMBER: 1622593636 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PL17436704 2/14/2021 2/14/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM SES (Ea occurrenceRENTE $ 500,000 MED EXP (Any one person) $ 20,000 PERSONAL &ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L POLICY ❑ PRO- JECT [:]LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 21 UECDE6947 2/14/2021 2/14/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR Y Y XS328837401 2/14/2021 2/14/2022 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 21 WBCVX2986 5/22/2020 5/22/2021 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RFP Number: 21-FD01(R) Milton Fire -Rescue Structural Personal Protective Equipment. City of Milton Fire Department is included as Additional Insured as required by written contract. Waiver of Subrogation applies in favor of the Additional Insured with respect to liabilities arising from the Named Insured's operations. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton Fire Department 2006 Heritage Walk Milton GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 6 1 RFP 21-FD01(R) MILTONIP ESTABLISHED 70 CONTRACTOR AFFIDAVIT AND AGREEME.NI 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: 637246 eVerify Number 01/29/2013 Date of Authorization Municipal Equipment Company, LLC Name of Contractor Milton Fire -Rescue Structural Personal Protective Eauinment - REISSUANCE 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 _j_, 2M -J- in tdJA cify), -J�L— (state). Signature of Au orized Officer or Agent Wa4kc,,, FeInncrv,,-,, Pfe3, CccJ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE s -r DAY OF i" —20)-L. NOTARY PUBLIC [N Ap,,K4.AL] DALE W. WEST Notary Public - State of Florida 4""W Commission 4 GG 130455 My Com s€esiyComm.ExpiresOct24,2021 dondcd through National Notary Assn 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 Municipal Equipment Company, LLC (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 Fire-Rescue Structural Personal Protective Equipment 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: April 5, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton, Georgia and Digital Insurance, LLC dba OneDigital to Provide Actuarial Services to Review the City’s Current Retirement Plan and Develop an Early Retiree Health Benefit Plan MEETING DATE: Monday, April 12, 2021 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 X April 12, 2021 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted March 31, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton, Georgia and Digital Insurance, LLC dba OneDigital to Provide Actuarial Services to Review the City’s Current Retirement Plan and Develop an Early Retiree Health Benefit Plan _____________________________________________________________________________________ Project Description: Periodically, we take the opportunity to review the benefits package we offer to our employees. We benchmark it against our sister cities in the North Fulton area and against other cities our size in the metro Atlanta region. We want to ensure we remain competitive in our ability to attract and retain the best talent to serve our citizens. As we surveyed the cities, we noticed one benefit others offered that was missing from our package – retiree health insurance. The cost of healthcare is likely one of the highest expenses employees will face in retirement. The financial burden can threaten to quickly deplete retirement income and can potentially impact an employee’s ability to retire when they want and/or need to. Postponing a retirement date to save more money or to maintain medical coverage until an employee is Medicare-eligible has many negative effects. For the city, it not only impacts our compensation strategies and the ability to renew the workforce, it can also influence the health insurance risk pool and drive up overall health insurance costs. For the employee, not having the ability to retire when they want or need to can impact moral and, for public safety personnel, there are physical demands to be considered. We’ve been researching various retiree health benefit plan options while keeping two objectives in mind: 1) it should be a benefit that helps influence an employee’s decision to retire when they want or need to and 2) it shouldn’t be an excessive financial burden on the city (potentially even cost-neutral). We considered the traditional defined- benefit approach (providing health insurance to retirees), but we abandoned that option because the cost was too great to the city and would negatively impact the overall experience of the health insurance plan for active employees. We shifted our focus to a defined-contribution (DC) approach. This type of benefit is typically found in the private sector, but it’s starting to become popular in the public sector. A DC approach, like a Health Reimbursement Account (HRA), addresses the two objectives previously mentioned. There are a few options when it comes to the plan design of a DC benefit: • Pre-retirement – the city (and possibly the employee) contributes to an HRA throughout the employee’s career with the city. • Post-retirement – the city contributes to an HRA after the employee retires until they become Medicare eligible. Providing a post-retirement DC plan until the retiree becomes eligible for Medicare is the best option that meets both objectives: it minimizes the financial impact to the city and gives employees the freedom to retire when they want or need to. Plan design will take into consideration a tiered benefit that rewards longevity (at least 15 years of service) and that would go into effect at a minimum retirement age of 55 years old. We need assistance to design the healthcare benefit plan and related documents to ensure compliance with all applicable laws, so we are seeking out the expertise of OneDigital. They will review our current retirement plans and then design a healthcare benefit plan that would then be presented to the council for consideration. There are two phases to the project: 1) data gathering, review, and plan design, and 2) certification of the results by an actuary. This agreement is for Phase 1. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1540-521200000 Requisition Total: $ 7,500 Vendor DBA: Digital Insurance, LLC dba OneDigital Financial Review: Bernadette Harvill, April 2, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, 3/24/21 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Actuarial Services – Early Retiree Health Benefit Plan 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 Digital Insurance, LLC dba OneDigital, a Delaware corporation, having its principal place of business in Georgia at 200 Galleria Parkway, Ste 1950, Atlanta GA 30339 (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: provide actuarial services to review the City of Milton’s current retirement plan and the development of an Early Retiree Health Benefit Plan (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in “Phase 1” of the Scope of Work provided in Exhibit “A”, attached hereto and incorporated herein by reference. “Phase 2” may be added by subsequent change order and if so added will become part of the Work. 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 May 31, 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 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 Chayes. 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 $.7,500.00 for Phase 1 (the "Maximum Contract Price"), except as outlined in Section 4 above. If Phase 2 is added to the Work, a price for Phase 2 may be negotiated and added by change order. The compensation for Work performed shall be based upon the number of hours expended at the hourly rate of $311.00 per hour, subject to the Maximum Contract Price. Consultant shall complete the Work and shall be entitled to no more than the Maximum Contract Price, even if the number of hours required exceeds the estimate, absent unreasonable delay or interference by the 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 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, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Consultant. A. Licenses. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; Cit•'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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness of 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 in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic, D. Consultant's _Representative, Meetings. _Charles T. Carr_ shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent 2 or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, 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. Em io ment 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 3 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.] 111(JUsCK ONE] X 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. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City, Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 19905 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. 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 - 4 of -interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License,• Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements 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. A reement 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] CONSULTANT: Digital Insurance, LLC dba OneDigital Signature: Print Name: Title: [CIRCLE MembeC!!!!rAmited Liability Company) V Signature: Print Name: Title: ( ssistant) Corporate fe etary (requ ed if corporation) CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney 7 By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT «A" Actuarial Services Proposal City of Milton February 23, 2021 Presented by: Jason Brady, Principal David Pittard, Managing Principal 40NELIGITAL HCALIM AN UFNFFITS PROPOSED SCOPE OF WORK PHASE 1 Project Overview: • Actuarial review of current situation and data • Development of model to be able to run plan designs, financial considerations, and sensitivity analysis Development of plan designs using model in Step 2 • Sensitivity testing of assumptions/results ■ Preparation of final deliverable (actuarial letter) Project includes: • Initial exploratory phone call with City of Milton to align objectives and ask questions • Initial presentation phone call to walk City of Milton through preliminary results • One set of revisions based on feedback from initial presentation phone call • Additional 1-2 hours of phone/Zoom calls with Actuary to explain final results, assumptions, and models • Peer review of all actuarial models, assumptions, and results Data Required: • Current plan designs • Current premium equivalents • Current employee contribution schedules • Large Claims (claims over $50k) for the past rolling 12 months including diagnosis and amount paid, broken out by med vs. rx that also includes unique identifier, relation of claimant and age • Current census containing the following fields: o Unique identifier o Department o DOB o Gender o Date Hired o Employee Type (fill time, part time, etc.) o Medical Coverage Tier o Medical Coverage Plan o Zip Code Project Timing: Completion within two (2) weeks of initial exploratory phone call PROPOSED FEE FOR PHASE 1: $7,500 Fee is based on an estimated 24 hours at $311 per hour. PHASE 2 Certification of results from Phase 1 by Actuary. PROPOSED FEE FOR PHASE 2: TBD 2 EXHIBIT "B" ONEDI-1 - AICOR� DATE 10212021 �.+ CERTIFICATE OF LIABILITY INSURANCE Q310�12021 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(les) 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 thls certificate does not confer rights to the certificate holder in lieu of such andorsement s . PRODUCER 314-746.470QALT Becky Stallons _ Huntleigh McGehee PRONE 314-748.4700 FAX 314«8&9-3700 8235 Forsyyth Boulevard, #1200 No, Extl: Arc No : Clayton, MO 63105 I s ons mr 8 .com _ IHSURER�] AFFORDING t:�YERAS3E _ _ _ 1rPu durance American Ins. Co. 10641 DVERAGES O�Fcf Ii-fL Rl It rvulwfserc: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R TYPE OF INSURANCE ODL UBR POLICY NUMBER irm POLICY EFF POLICY P.XP COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR L AGGREGATE LIMIT APPLIES PER: JECT POLICY ❑ PRO- ❑LOC AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY EAUUTTOpS�f(y�p AIR OS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS HERS COMPENSATION EMPLOYERS' LIABILITY Y I N PROPR I ETO BIPART NER/EXECUTIVE ;EWMI�ytl (t EXCLUDED? N / A If ves. describe under ary APL10011 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is regi . I r.n isenco. D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE DAMAGE TO RENTED MLE£e_[E>Loaalrcem�)_, MED EXP An one arson PERSONAL& DV INJURY GENERAL AGGREGATE PR¢DUCTS - COMPR?P AGO COMBINED SINGLE LIMIT BOAILY f14JURY Per BODIL I�NJJURY Pera Idw P racdilYoan AMAGE S EACH OCCURRENCE S AGGREGATE FEROTH- E . EACH ACCIDENT 5 _ E. L DISEASE - EA E IM PL 0 YE—E 5 _ rz.L. OISEWE-POLICY LIMt Ech Claim 5,000,000 Aggregate 5,000,000 !red) EVIOF-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Evidence of Insurance ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF Georgia COUNTY OF Fulton EXHIBIT "C" 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: 1275963 Federal Work Authorization User Identification Number 3129IN21 Date of Authorization Digital Insurance, LLC d OneDigital Name of Contractor Actuarial Services — Early Retiree Health Benefit Plan Name of Project City of Milton. Georgi Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on M&V-. 2A_, 20_Zj_ in Qyl (city), (state). Signature of Authorized Officer or Xgent Printed ane and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 T PL1BL S5i4N f [NOTARY SEAL] �+�• xiOry� Q=}d AP), pIJB��G Z � � L ly Commission Expires: NOTEPADINSURED'S NAME Digital Insurance LLC E&O Excess 1st Layer MPE9042756 2/26/2021-2/26/2022 Indian Harbor Insurance Co. $5,000,000 X8 $5,000,000 E&O Excess 2nd Layer ENN602979 2/26/2021-2/26/2022 Axis Surplus Ins. Co. $5,000,000 xs $10,000,00 ONEDI-1 OP ID: BL PAGE 2 Det. 03/02/2021 " N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 5, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a New Agreement Recognizing Atlanta Retirement Partners Recent Change from LPL Financial to OneDigital for Broker/Dealer and Registered Investment Advisor Services. MEETING DATE: Monday, April 12, 2021 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 X April 12, 2021 To: Honorable Mayor and City Council Members From: Sam Trager, Human Resources Director Date: Submitted April 6, 2021 for the April 12, 2021Regular City Council Meeting Agenda Item: Approval of a New Agreement Recognizing Atlanta Retirement Partners Recent Change from LPL Financial to OneDigital for Broker/Dealer and Registered Investment Advisor Services. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City has contracted in the past with Atlanta Retirement Partners (ARP) to provide financial consulting advise to the City and our employees related to our qualified retirement plans. Recently, ARP changed the relationship with their Broker/Dealer and Registered investment Advisor (the company that essentially holds their licenses) to OneDigital. They felt that they would be enhancing their capabilities by aligning investment advisory services with a leader in the financial and retirement industry, OneDigital. Procurement Summary: Purchasing method used: Professional Services Account Number: Requisition Total: There are no additional costs to the City. Financial Review: Bernadette Harvill, 4/2/2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, April 1, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment: Contract 1 City of Milton and OneDigital Retirement Plan Investment Advisory Agreement Supplement 1. Priority of Supplement: This Supplement is attached to the Retirement Plan Investment Advisory Agreement (“Agreement”) between the City of Milton, Georgia as plan sponsor (“Client”) and Resources Investment Advisors, LLC d/b/a OneDigital Investment Advisors (“OneDigital”). The provisions of the Supplement control over any contrary provisions found in the Agreement and any other document that is incorporated by reference into the Agreement, and this Supplement shall be deemed an amendment to the Agreement. 2. Replacement of Prior Agreement: The parties acknowledge that the Agreement is intended to replace an agreement between the Client, LPL Financial, LLC, and Atlanta Retirement Partners, LLC. OneDigital shall take the necessary steps to notify Voya of the change in advisors. To the extent that the individuals providing service to the Client under this Agreement also provided services to Client under the prior LPL/ARC agreement, this Agreement shall be interpreted to avoid duplicative or inconsistent obligations with the prior agreement such as duplicative payments owed to both LPL/ARC and OneDigital for the same services. 3. Term: Because any party may terminate the Agreement for convenience at any time, the parties agree and acknowledge that the Agreement is not a “multi-year purchasing contract” contemplated by O.C.G.A. § 36-60-13(a). 4. 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, OneDigital agrees that, during performance of the Agreement, OneDigital, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, OneDigital agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreement. 5. Sovereign Immunity; Indemnification: Nothing contained in this Agreement shall be construed to be a waiver of Client’s sovereign immunity or any individual’s qualified, good faith or official immunities. No provision of the Agreement shall be construed to impose a contractual duty of defense or indemnification upon the Client. 6. Compliance with the Georgia Open Records Act: 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 no confidentiality requirement in the Agreement shall impose any obligation inconsistent with the rights and duties created by that Act. 7. Ethics: Client and OneDigital 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, DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 2 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. Client and OneDigital 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 OneDigital or any higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 8. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit: Pursuant to O.C.G.A. § 13- 10-91, Client may not enter into a contract for the performance of services unless the contractor shall provide evidence on the forms, attached hereto as Exhibits “B” and “C” (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 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. OneDigital hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such affidavit to Client. Further, OneDigital 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 OneDigital employs or contract with any subcontractor(s) in connection with the Agreement, OneDigital 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 “C”, which subcontractor affidavit shall become part of the OneDigital/subcontractor agreement. If a subcontractor affidavit is obtained, OneDigital agrees to provide a completed copy to Client within five (5) business days of receipt from any subcontractor. OneDigital, 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. OneDigital agrees that the employee- number category designated below is applicable to it: ____ 500 or more employees ____ 100 or more employees ____ Fewer than 100 employees OneDigital hereby agrees that, in the event OneDigital 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, OneDigital 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. 9. Venue; No Arbitration: Any dispute concerning the Agreement shall be heard in the courts serving Client’s location and the parties consent to jurisdiction there. The Agreement shall be governed by State of Georgia law without regard to choice of law principles. DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 3 10. Notices: For the avoidance of doubt, and until delivery of a different notice address, the mailing address of OneDigital for purposes of notice is: _________________________________. 11. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and declares that he/she has obtained all necessary approval s of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of this Supplement. IN WITNESS WHEREOF Client and OneDigital have executed this Supplement, effective as of the effective date of the applicable Agreement. Client: CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ City Clerk Approved as to form: _______________________________ City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGE] DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 Resources Investment Advisors, LLC d/b/a OneDigital Investment Advisors: Signature: ___________________________________ Print Name: _____________________________ Title: Member/Manager Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 David Griffin 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). 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 RPIA 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: ______________________________ DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 David Griffin Atlanta David Griffin 4/2/2021 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 ________________________________ 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 authoriza tion are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor RPIA 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: ______________________________ DocuSign Envelope ID: 1230657C-817A-4925-ABDA-906A8778C705 Atlanta David Griffin 4/2/2021 Georgia (telephone) Retirement Plan Investment Advisory Agreement 1 This Retirement Plan Investment Advisory Agreement (“Agreement”) is effective as of the effective date stated on the Client Information Form (“Effective Date”) by and between the entity listed on the Client Information Form as the “Plan Sponsor” (“Client”) and Resources Investment Advisors, LLC, d/b/a “OneDigital Investment Advisors” (“OneDigital”), an SEC-registered investment advisory firm, with services provided through the Investment Adviser Representative designated on the Signature Page. I. PROVISION OF SERVICES BY RIA: In exchange for its receipt of the compensation specified in Schedule B, RIA agrees to perform those services specifically selected on Schedule A (“the Services”) on behalf of each retirement plan(s) listed on the Client Information Form (collectively referred to as “the Plan”) pursuant to the terms and conditions set forth in this Agreement. II. TERMS AND CONDITIONS 1. Limitations on Services Provided. Neither RIA nor any “person associated with” RIA, as that term is defined in Section 202(a)(17) of the Investment Advisers Act of 1940, shall: a. have any responsibility under this Agreement to perform any duties beyond those necessary to provide the Services. b. have the authority to take custody or possession of any of the Plan’s assets. c. act as or assume any duties as the Plan’s trustee or administrator, including without limitation, having final responsibility for making any decision regarding the Plan’s compliance with ERISA, any other applicable law, or the Plan’s governing documents. d. provide any advice or exercise any authority over the decision to include any of Client’s capital stock as an investment option under Plan. e. provide individualized investment advice to the Plan’s participants, unless specifically offered and selected as one of the Services on Schedule A or agreed upon in a separate agreement with the participant. f. provide legal or tax advice to Client or the Plan. g. take any action or render any advice with respect to the voting of any proxies, unless otherwise required by law. 2. Client’s Representations, Warranties and Disclosures. As a condition of RIA entering into this Agreement, Client hereby represents: a. Client understands the Plan and/or its participants are assuming the market risk involved in their investments and that: (i) investments fluctuate in value and may be greater or lesser than the original cost when sold; (ii) past investment performance does not guarantee any level of future investment performance; and (iii) RIA does not warrant or guarantee any level of performance by any of the investments offered under the Plan or that any investment strategy will be profitable over time. b. Client understands nothing in this Agreement shall be deemed to impose on RIA, its representatives, or its affiliates any obligation to provide the Services in the same manner or at the same time as they may provide similar services to any of their other clients. c. Client has the power and authority to enter into and perform this Agreement, and there are no authorizations, permits, certifications, licenses, filings, registrations, approvals, or consents that must be obtained by it from any third party, including any governmental authority, in connection with this Agreement. In addition, Client represents its engagement of RIA, as well as any instructions it provides to RIA with regard to the Plan, are consistent with applicable plan and trust documents. d. Client will provide RIA with copies of the Plan and the trust documents, including any and all amendments thereto, pursuant to which the Plan and trust will be administered, as well as copies of any subsequent amendments or restatements of those documents. Client represents and warrants these documents meet the qualification requirements as a tax-exempt entity pursuant to the Internal Revenue Code and all regulations thereunder. e. All information provided to RIA to enable it to perform its services shall be true, correct, and complete in all material respects. Client agrees to promptly notify RIA in writing of any material change in the information provided to RIA and to promptly provide any such additional information as may be reasonably requested. f. Client authorizes RIA to communicate with, and obtain information from, financial organizations, financial professionals, and other vendors working with Client or with RIA in providing the Services, pursuant to RIA’s Privacy Notice, which is included herein as Appendix I. Client authorizes RIA to disclose the fact Client is a customer of RIA in its response to requests for proposals or any other medium, so long as RIA does not disclose any confidential information Base Agreement, page 1 of 3 regarding the operation of the Plan, its holdings, or any information regarding the Plan’s individual participants. g. Client acknowledges it has made an independent determination the fees payable pursuant to this Agreement are reasonable and represents that, should any payment be made from the assets of a Plan governed by ERISA, Client has made a determination such a payment is not a settlor expense and can be made from Plan assets. 3. RIA’s Representations, Warranties and Disclosures. As a condition of Client entering into this Agreement, RIA hereby represents: a. RIA is properly registered or authorized to provide the Services in Client’s state of domicile and shall maintain such registration or authorization through the term of this Agreement. In addition, all personnel assigned by RIA to render the Services hereunder shall be appropriately licensed as required by law. b. RIA has the power and authority to enter into and perform this Agreement, and there are no authorizations, permits, certifications, licenses, filings, registrations, approvals, or consents that must be obtained by them from any third party, including any governmental authority, in connection with this Agreement. 4. Limits on Liability. a. It is agreed that, to the extent permitted under applicable law, no party (including its employees and agents) shall be liable for any exemplary or consequential damages arising pursuant to this Agreement. However, no other provision in this Agreement shall exempt or limit either party’s liability for actual damages caused by its own negligence, gross negligence, breach of fiduciary duty, breach of contract, or willful misconduct. b. RIA shall have no liability for any loss resulting from the insolvency of the Plan’s custodian or any acts of any other service provider. In addition, RIA shall have no liability for any loss resulting from decisions or policies instituted by the Plan prior to the Effective Date. c. Client shall indemnify RIA, and each of its current or future subsidiaries, affiliates, shareholders, directors, officers, employees, agents or other representatives, and hold each of them harmless from and against any and all claims, losses, expenses, liabilities, demands, obligations, costs, attorney fees, or damages of every kind and character without limitation arising out of, or connected with, any breach of Client’s representations and warranties under subsection II.2. In addition, Client shall provide the same indemnification for any action it takes, or fails to take, that did not arise from the Services provided by RIA under this Agreement or which was directly contrary to the recommendations made by RIA. d. RIA shall indemnify Client and each of its current or future subsidiaries, affiliates, shareholders, directors, officers, employees, agents or other representatives, and hold each of them harmless from and against any and all claims, losses, expenses, liabilities, demands, obligations, costs, attorney fees, or damages of every kind and character without limitation arising out of or connected with any breach of RIA’s representations and warranties under subsection II.3. 5. Termination. Except as set forth in subsection II.7., below, this Agreement shall remain effective until either party shall give the other at least thirty (30) days’ written notice of its intent to terminate. In the event this Agreement is terminated, Client will be required to pay a prorated portion of any unpaid compensation owed from the last billing period to the termination date. Client acknowledges that, upon termination of this Agreement, RIA will have no continuing duty to provide the Services and that the circumstances pursuant to which RIA provided the Services will change. As a result, Client agrees that, upon the termination of this Agreement, RIA will cease to have any responsibility for the ongoing operation of the Plan - regardless of whether the Plan continues to be operated consistent with the Services previously provided by RIA. 6. General Provisions. a. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the matters set forth herein, and each party acknowledges and agrees that no representations, warranties, inducements, or promises other than those set forth herein have been made by any party to the other. b. Amendments. No modifications, amendments or attempted waiver of any provisions of this Agreement shall be valid unless in writing and signed by both parties. c. ERISA §408(b)(2) Disclosures & Fiduciary Status. Client is a “responsible plan fiduciary” and, thus, RIA will be required to make certain disclosures to it pursuant to ERISA Reg. §2550.408b-2, including those made in this Agreement. RIA acknowledges that, for any actions it undertakes in providing investment advice to the Plan or its participants and beneficiaries for compensation, it will be deemed Base Agreement, page 2 of 3 to be acting in a fiduciary capacity pursuant to ERISA §3(21)(A)(ii) and shall be held to the requirements imposed on a plan fiduciary under ERISA, as well as those imposed upon an investment adviser under the Investment Advisers Act of 1940. RIA further represents it does not provide services as a fiduciary to any investment provider or entity that holds the Plan’s assets, nor does it perform recordkeeping or brokerage services to the Plan. d. Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which Client or Plan or any other party may have under ERISA, as well as federal or state securities laws. e. Nonassignability; Binding Effect. No assignment of this Agreement shall be made without the consent of both parties. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. f. Delivery of Notices. Any notice, advice or report provided between the parties under this Agreement will be delivered in person, by U.S. mail or overnight courier (postage prepaid), by electronic mail, or sent by facsimile transmission (with a hard copy sent by U.S. mail) to the address listed on the cover page of this Agreement or at such other address as RIA may designate in writing. g. Advice of Counsel. Each party represents and warrants that, in executing this Agreement, it has had the opportunity to obtain independent accounting, financial, investment, legal, tax, and other appropriate advice and that it has carefully read and fully understands the terms and consequences of this Agreement. Each party represents and warrants that its execution of this Agreement is free and voluntary. h. Severability. If any one or more of the provisions of this Agreement shall, for any reason, be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be enforced as if such illegal or invalid provision had not been contained herein. i. Interpretation. This Agreement shall be construed in accordance with its fair meaning as if prepared by all parties hereto and shall not be interpreted against either party on the basis that it was prepared by one party or the other. The captions, headings, and subheadings used in this Agreement are for convenience only and do not in any way affect, limit, amplify or modify the terms and provisions thereof. Words used herein in the singular shall include the plural, and words used in the plural shall include the singular, wherever the context so reasonably requires. 7. Receipt of Firm Brochure. Client hereby acknowledges delivery and receipt of RIA’s Form ADV. If Client did not receive this document at least forty-eight (48) hours prior to execution of this Agreement, it may cancel this Agreement by giving written notice to RIA within five (5) days after executing this Agreement. 8. Disclosure of Potential Conflicts. The Investment Adviser Representative is registered with RIA but employed by or contracted with a third-party financial services firm. As a result, the Investment Adviser Representative is acting as an independent contractor, and not as an employee, of RIA. However, RIA will be responsible for monitoring and supervising any investment advisory or management services the Investment Adviser Representative provides to RIA’s clients. The Investment Adviser Representative may also be affiliated with a broker-dealer as a registered representative. However, RIA’s investment adviser representatives are not permitted to receive any compensation from the broker-dealer or any investment product providers as a result of the Services including, without limitation, any investment products recommended or sold to the Plan. Therefore, the only compensation the Investment Advisor Representative may receive as a result of the Services is a portion of the advisory fee payable to RIA under this Agreement. RIA does not receive any direct or indirect compensation from product providers for the investment products it recommends, except to the extent those sources are used to pay the compensation due under this Agreement or to cover expenses incurred by RIA’s employees and agents to attend industry and educational events, as well as to learn about the provider’s products and to host client events. (RIA maintains a register of such payments and will make this information available to Client upon request.) Therefore, the only compensation RIA derives from its provision of Services under this Agreement are the fees specified herein, and RIA believes its investment recommendations are free from conflict. Base Agreement, page 3 of 3 APPENDIX I PRIVACY NOTICE RIA values the trust its retirement plan clients have placed in it and is committed to the responsible management, use, and protection of information it acquires regarding the plan, its sponsor, and the plan’s participants. As you read this document, please note that federal privacy laws only apply to individuals who have purchased a financial product or service for personal, family, or household purposes. As a result, the laws do not apply to retirement plans (including the participants and beneficiaries of such plans) or other entities. However, it is the intent of RIA to maintain the confidentiality of any nonpublic, personal information of its retirement plan clients (including their participants and beneficiaries) as if that information was protected by federal privacy laws, and we will only disclose such information pursuant to the exceptions set forth below, unless specifically requested by the client. Information We Collect From You RIA collects personal information about retirement plan participants and beneficiaries to help it provide the Services; offer new products or services; and fulfill legal and regulatory requirements. RIA collects information about its customers from the following sources: • information provided to us, our affiliates, or our investment advisor representatives, such as from Client in the course of RIA’s provision of the Services to the plan or from plan participants in connection our investment education or financial wellness services. • information provided by other unaffiliated third parties, such as from the plan’s recordkeeper or custodian. • information gleaned from public sources, such as the plan’s Form 5500 filing. This information may include “nonpublic, personal information,” which means information that is not readily known or accessible in the public realm, such as a participant’s social security number, birth date, net worth, assets, and income. Sharing Information RIA will not disclose nonpublic personal information related to the Client or any of the plan’s participants or beneficiaries without prior consent, unless the disclosure is needed to: • provide the Services, including: providing advice to Client regarding the utilization of the plan’s investment options and/or effectiveness of the plan’s design in helping participants reach their retirement goals; providing investment education or financial wellness services to the plan’s participants; providing concierge service to Client in working with the plan’s vendors; • provide Client or the plan’s participants with marketing materials regarding RIA’s products and/or services, as well as those offered pursuant to joint agreements with our affiliates or non-affiliated third parties, so long as all parties offering the products and/or services have agreed, in writing, to protect the confidentiality of the Client’s information and to not use it for any other purpose; • enforce any of RIA’s rights, including the collection of any fees or other payments due; • provide any of RIA’s affiliates with information regarding its operations, or as reasonably required pursuant to the proposed or actual sale, merger, transfer, or exchange of all, or a portion of, its business; • comply with the request or requirements of regulatory and/or law enforcement organizations; • respond to a subpoena or discovery request; or • provide disclosures as otherwise permitted or required by law. RIA may provide such information to RIA’s affiliates and/or unaffiliated financial or non-financial services providers as necessary pursuant to the exceptions listed above. However, RIA will not sell, share, or disclose any nonpublic personal information to unaffiliated third-party marketing companies. Safeguarding Information RIA recognizes the need to prevent unauthorized access to the information it collects, including information held in electronic format. As a result, RIA limits access to customers’ confidential or nonpublic personal information only to personnel who need the information to provide the Services. RIA maintains physical, electronic, and procedural safeguards regarding its customers’ information to ensure it complies with this policy, industry practices, and federal and state regulations, including after this Agreement is terminated. Privacy Notice, page 1 of 1 SCHEDULE A SCHEDULE OF SERVICES TO BE PROVIDED (SERVICES TO PLAN FIDUCIARIES) Check each Service to be provided pursuant to this Agreement: Preparation of Investment Policy Statement. RIA will help draft an investment policy statement (“IPS”) for Client to review, amend, and adopt as it deems appropriate in consideration of the Plan’s investment objectives, policies, and constraints. The IPS will outline the investment policies and objectives for the Plan as well as considerations for meeting those objectives. Investment Advice to the Plan. RIA will recommend, for adoption by the Plan, the specific investments to be held by the Plan or, in a participant-directed plan to be offered as investment options under the Plan, consistent with the policies outlined in the IPS. For participant-directed plans, RIA will recommend a “broad range” of investment options intended to achieve compliance with ERISA §404(c). RIA will also assist the Plan in implementing any investment decisions it adopts. Performance Monitoring and Reporting of Investments. RIA will monitor Plan’s investments according to the guidelines outlined in the IPS and, when applicable, the continued compliance of the Plan’s investments with the “broad range” requirement under ERISA §404(c). RIA will also prepare performance reports based upon information derived from statements provided by Client and/or the Plan’s recordkeeper. Advice on Qualified Default Investment Alternative. If Client determines the Plan should have a qualified default investment alternative (“QDIA”) for participants who are automatically enrolled in the Plan or who otherwise fail to make an investment election, RIA will recommend, for adoption by the Plan, the investment(s) to serve as the QDIA. Education Services to Plan Fiduciaries. At times mutually agreed to by the parties, RIA will provide educational training, including guidance as to fiduciary responsibilities, for the Plan’s fiduciaries, including members of the committee to whom investment authority has been delegated at such times and under such terms as the parties may agree from time-to-time. Counseling Services to Plan Fiduciaries on Increasing Participant Retirement Readiness. RIA will periodically audit the Plan’s behavioral health. This may include, without limitation, a review of the Client’s payroll demographics, survey of the Plan’s participation and deferral rates, and analysis of the investment choices being made by the Plan’s participants. RIA will then counsel the Plan’s fiduciaries on strategies to optimize participants’ use of the Plan to meet their retirement needs. However, Client understands this does not include the implementation of any changes in the Plan’s design, as such services may be considered a “settlor expense” that cannot be paid from Plan assets. Participant Investment Education Services. RIA will assist Client in meeting its duties under ERISA 404(c) by educating the Plan’s participants regarding general investment principles and the investment alternatives available under the Plan at such times and under such terms as the parties may agree from time-to-time. Participant Enrollment Services. RIA will assist Client in enrolling participants in the Plan, including conducting enrollment meetings designed to increase retirement plan participation among employees at such times and under such terms as the parties may agree from time-to-time. Concierge Services. RIA will act as the Plan’s liaison with its vendors to help coordinate communications regarding issues Client may experience with its management of the Plan. However, RIA will not assume any responsibility or liability for the actual management or administration of the Plan, including any responsibility for ensuring Client or a vendor completes any duty or task assigned to it. Request for Proposals/Plan Vendor Search. RIA will manage the preparation, distribution, evaluation of RFPs of potential Plan vendors for selection by the Plan, as well as interviewing the finalists and providing support services for the conversion to the selected vendor. Benchmarking Services. RIA will provide Client with comparisons of Plan data (e.g., regarding fees, services, participant enrollment and contributions, etc.) to data from the Plan’s prior years and/or a benchmark of similar plans. Assistance in Identifying Plan Fees. RIA will assist Client in identifying the fees and other costs borne by the Plan for items specified by Client, including investment management, recordkeeping, participant education, participant communications, and/or other services provided to the Plan. Additional Services. Schedule A, page 1 of 2 Schedule A, page 2 of 2 SCHEDULE B FEE SCHEDULE 1. Advisory Fee. In exchange for its provision of the Services designated on Schedule A, the parties agree RIA shall be entitled to an advisory fee equal to: Service Type Fee Type Fee Amount Frequency Paid By Ongoing Services (applicable to all Services except those designated as a Project-Based Service, below.) Percent of Plan Assets (1) Flat Fee Tiered Schedule (1)(2) Other 0.25% Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) Project-Based Service Flat Fee Other Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) Project- Based Service Flat Fee Other Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) (1) The value of total assets within the Plan or the participant’s account will be as documented by the Plan’s custodian as of the date that corresponds to the “Frequency” column listed above for that payment period. Client understands and agrees that, if the advisory fee is charged as a percentage of Plan or participant assets, the percentage is applicable to the Plan assets for that payment period, divided by the applicable ratio for a 12-month period. For example, if the payment period is “Quarterly,” the advisory fee for each complete payment period will be calculated as: (Plan assets x applicable percentage) / 4 (2) Tiered fee for service based upon the following percentage of the total assets within the Plan: Value of Plan Assets Fee $0 - $ bps $ - $ bps $ - $ bps $ - $ bps 2. Additional Fees. Client and/or the participants in the Plan may incur certain charges imposed by third parties in addition to the advisory fees described herein. Such charges include, but are not limited to, custodial fees; brokerage commissions; transaction fees; charges imposed directly by a mutual fund, index fund, or exchange traded fund selected as an investment; wire transfer fees; and other fees and taxes on brokerage accounts and securities transactions. Schedule B, page 1 of 1 SCHEDULE A-1 SCHEDULE OF SERVICES TO BE PROVIDED (INDIVIDUALIZED PARTICIPANT INVESTMENT ADVICE) Authorization to Provide Individualized Investment Advice for Plan Participants. Client hereby authorizes RIA to offer individualized advice or discretionary management of the investments in participants’ account, as well as authorizing RIA to collect its management fees from the participant’s plan assets, if applicable. (Pursuant to Department of Labor Field Assistance Bulletin 2007-1, a plan sponsor or other fiduciary that prudently selects and monitors an investment adviser will not be liable for the advice furnished by the adviser to the plan’s participants and beneficiaries, whether or not the advice is provided pursuant to the statutory exemption outlined in §408(b)(14) of ERISA.) SCHEDULE B-1 FEE SCHEDULE (INDIVIDUALIZED PARTICIPANT INVESTMENT ADVICE) 1. Advisory Fee. In exchange for its provision of the Services designated on Schedule A-1, the parties agree RIA shall be entitled to a fee equal to: Service Type Fee Type Fee Amount Frequency Paid By Individualized Participant Advice Services Percent of Plan Assets (1) Percent of Participant’s Assets (1) Flat Fee Included in Plan Investment Services Annually In Advance Quarterly Arrears Monthly Client Custodian (from plan assets) Participant (1) The value of total assets within the Plan or the participant’s account will be as documented by the Plan’s custodian as of the date that corresponds to the “Frequency” column listed above for that payment period. Client understands and agrees that, if the advisory fee is charged as a percentage of Plan or participant assets, the percentage is applicable to the total assets for that payment period, divided by the applicable ratio for a 12-month period. For example, if the payment period is “Quarterly,” the advisory fee for each complete payment period will be calculated as: (Total assets x applicable percentage) / 4 2. Additional Fees. Client and/or the participants in the Plan may incur certain charges imposed by third parties in addition to the advisory fees described herein. Such charges include, but are not limited to, custodial fees; brokerage commissions; transaction fees; charges imposed directly by a mutual fund, index fund, or exchange traded fund selected as an investment; wire transfer fees; and other fees and taxes on brokerage accounts and securities transactions. Schedule A-1 and B-1, page 1 of 1 CLIENT INFORMATION FORM Effective Date This Agreement shall be effective as to the Plan(s) listed on this Client Information Form beginning on March 1, 2021 . (If the Effective Date is not the first day of the initial payment period, a pro-rata fee will be charged for that initial payment period.) Information Regarding the Plan Sponsor City of Milton Plan Sponsor (“Client”) 2006 Heritage Walk Milton GA 30004 Address City State Zip Code Phone Number Fax Number Website 51-0608862 Federal Tax ID Number Contact Person-Phone Number/Extension Information Regarding the Plan Sponsor’s Retirement Plan(s) City of Milton 401(a) Plan 401(a) Plan 1 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) 51-0608862 $10,865,356 Voya 644FB7 Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. Plan 2 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. Plan 3 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. (Additional retirement plans may be added by endorsement, if necessary.) Billing Contact and Address Company or Individual: Sam Trager Contact (If Company): Relationship: Plan Sponsor Investment Provider Custodian/Recordkeeper Other (explain) Address: City State Zip Code 2006 Heritage Walk Milton, GA 3004 Name of Company/Individual to contact for asset value if applicable Name: Shawn Slemons Phone: 404-661-6777 Client Information Form, page 1 of 1 SIGNATURE PAGE By their signatures, below, the parties hereby indicate their acceptance of the terms and conditions set forth in this Agreement, including Schedules A and B and the Client Information Form. Each person signing this Agreement on behalf of Client represents and warrants: (i) he or she is a responsible plan fiduciary with full authority to act on behalf of Client and Plan; (ii) he or she has the power and authority to enter into a relationship with RIA on the Plan’s behalf; (iii) he or she will inform RIA, in writing, of any amendments to the Plan or any other event which could alter the representations and warranties stated herein; and (iv) that all of the information it has provided as a part of this Agreement is true, correct, and complete in all respects. For Client: Signature of Responsible Plan Fiduciary or Trustee: Printed Name: Date: Signature of Responsible Plan Fiduciary or Trustee: Printed Name: Date: For RIA: Signature of Investment Advisor Representative: Printed Name: Date: OFFICE USE ONLY: ADV to Client: ______/______/______ Copy of Agreement to Client: ____/____/____ Firm: Advisor Code: Notes: Signature Page, page 1 of 1 (telephone) Retirement Plan Investment Advisory Agreement 1 This Retirement Plan Investment Advisory Agreement (“Agreement”) is effective as of the effective date stated on the Client Information Form (“Effective Date”) by and between the entity listed on the Client Information Form as the “Plan Sponsor” (“Client”) and Resources Investment Advisors, LLC, d/b/a “OneDigital Investment Advisors” (“OneDigital”), an SEC-registered investment advisory firm, with services provided through the Investment Adviser Representative designated on the Signature Page. I. PROVISION OF SERVICES BY RIA: In exchange for its receipt of the compensation specified in Schedule B, RIA agrees to perform those services specifically selected on Schedule A (“the Services”) on behalf of each retirement plan(s) listed on the Client Information Form (collectively referred to as “the Plan”) pursuant to the terms and conditions set forth in this Agreement. II. TERMS AND CONDITIONS 1. Limitations on Services Provided. Neither RIA nor any “person associated with” RIA, as that term is defined in Section 202(a)(17) of the Investment Advisers Act of 1940, shall: a. have any responsibility under this Agreement to perform any duties beyond those necessary to provide the Services. b. have the authority to take custody or possession of any of the Plan’s assets. c. act as or assume any duties as the Plan’s trustee or administrator, including without limitation, having final responsibility for making any decision regarding the Plan’s compliance with ERISA, any other applicable law, or the Plan’s governing documents. d. provide any advice or exercise any authority over the decision to include any of Client’s capital stock as an investment option under Plan. e. provide individualized investment advice to the Plan’s participants, unless specifically offered and selected as one of the Services on Schedule A or agreed upon in a separate agreement with the participant. f. provide legal or tax advice to Client or the Plan. g. take any action or render any advice with respect to the voting of any proxies, unless otherwise required by law. 2. Client’s Representations, Warranties and Disclosures. As a condition of RIA entering into this Agreement, Client hereby represents: a. Client understands the Plan and/or its participants are assuming the market risk involved in their investments and that: (i) investments fluctuate in value and may be greater or lesser than the original cost when sold; (ii) past investment performance does not guarantee any level of future investment performance; and (iii) RIA does not warrant or guarantee any level of performance by any of the investments offered under the Plan or that any investment strategy will be profitable over time. b. Client understands nothing in this Agreement shall be deemed to impose on RIA, its representatives, or its affiliates any obligation to provide the Services in the same manner or at the same time as they may provide similar services to any of their other clients. c. Client has the power and authority to enter into and perform this Agreement, and there are no authorizations, permits, certifications, licenses, filings, registrations, approvals, or consents that must be obtained by it from any third party, including any governmental authority, in connection with this Agreement. In addition, Client represents its engagement of RIA, as well as any instructions it provides to RIA with regard to the Plan, are consistent with applicable plan and trust documents. d. Client will provide RIA with copies of the Plan and the trust documents, including any and all amendments thereto, pursuant to which the Plan and trust will be administered, as well as copies of any subsequent amendments or restatements of those documents. Client represents and warrants these documents meet the qualification requirements as a tax-exempt entity pursuant to the Internal Revenue Code and all regulations thereunder. e. All information provided to RIA to enable it to perform its services shall be true, correct, and complete in all material respects. Client agrees to promptly notify RIA in writing of any material change in the information provided to RIA and to promptly provide any such additional information as may be reasonably requested. f. Client authorizes RIA to communicate with, and obtain information from, financial organizations, financial professionals, and other vendors working with Client or with RIA in providing the Services, pursuant to RIA’s Privacy Notice, which is included herein as Appendix I. Client authorizes RIA to disclose the fact Client is a customer of RIA in its response to requests for proposals or any other medium, so long as RIA does not disclose any confidential information Base Agreement, page 1 of 3 regarding the operation of the Plan, its holdings, or any information regarding the Plan’s individual participants. g. Client acknowledges it has made an independent determination the fees payable pursuant to this Agreement are reasonable and represents that, should any payment be made from the assets of a Plan governed by ERISA, Client has made a determination such a payment is not a settlor expense and can be made from Plan assets. 3. RIA’s Representations, Warranties and Disclosures. As a condition of Client entering into this Agreement, RIA hereby represents: a. RIA is properly registered or authorized to provide the Services in Client’s state of domicile and shall maintain such registration or authorization through the term of this Agreement. In addition, all personnel assigned by RIA to render the Services hereunder shall be appropriately licensed as required by law. b. RIA has the power and authority to enter into and perform this Agreement, and there are no authorizations, permits, certifications, licenses, filings, registrations, approvals, or consents that must be obtained by them from any third party, including any governmental authority, in connection with this Agreement. 4. Limits on Liability. a. It is agreed that, to the extent permitted under applicable law, no party (including its employees and agents) shall be liable for any exemplary or consequential damages arising pursuant to this Agreement. However, no other provision in this Agreement shall exempt or limit either party’s liability for actual damages caused by its own negligence, gross negligence, breach of fiduciary duty, breach of contract, or willful misconduct. b. RIA shall have no liability for any loss resulting from the insolvency of the Plan’s custodian or any acts of any other service provider. In addition, RIA shall have no liability for any loss resulting from decisions or policies instituted by the Plan prior to the Effective Date. c. Client shall indemnify RIA, and each of its current or future subsidiaries, affiliates, shareholders, directors, officers, employees, agents or other representatives, and hold each of them harmless from and against any and all claims, losses, expenses, liabilities, demands, obligations, costs, attorney fees, or damages of every kind and character without limitation arising out of, or connected with, any breach of Client’s representations and warranties under subsection II.2. In addition, Client shall provide the same indemnification for any action it takes, or fails to take, that did not arise from the Services provided by RIA under this Agreement or which was directly contrary to the recommendations made by RIA. d. RIA shall indemnify Client and each of its current or future subsidiaries, affiliates, shareholders, directors, officers, employees, agents or other representatives, and hold each of them harmless from and against any and all claims, losses, expenses, liabilities, demands, obligations, costs, attorney fees, or damages of every kind and character without limitation arising out of or connected with any breach of RIA’s representations and warranties under subsection II.3. 5. Termination. Except as set forth in subsection II.7., below, this Agreement shall remain effective until either party shall give the other at least thirty (30) days’ written notice of its intent to terminate. In the event this Agreement is terminated, Client will be required to pay a prorated portion of any unpaid compensation owed from the last billing period to the termination date. Client acknowledges that, upon termination of this Agreement, RIA will have no continuing duty to provide the Services and that the circumstances pursuant to which RIA provided the Services will change. As a result, Client agrees that, upon the termination of this Agreement, RIA will cease to have any responsibility for the ongoing operation of the Plan - regardless of whether the Plan continues to be operated consistent with the Services previously provided by RIA. 6. General Provisions. a. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the matters set forth herein, and each party acknowledges and agrees that no representations, warranties, inducements, or promises other than those set forth herein have been made by any party to the other. b. Amendments. No modifications, amendments or attempted waiver of any provisions of this Agreement shall be valid unless in writing and signed by both parties. c. ERISA §408(b)(2) Disclosures & Fiduciary Status. Client is a “responsible plan fiduciary” and, thus, RIA will be required to make certain disclosures to it pursuant to ERISA Reg. §2550.408b-2, including those made in this Agreement. RIA acknowledges that, for any actions it undertakes in providing investment advice to the Plan or its participants and beneficiaries for compensation, it will be deemed Base Agreement, page 2 of 3 to be acting in a fiduciary capacity pursuant to ERISA §3(21)(A)(ii) and shall be held to the requirements imposed on a plan fiduciary under ERISA, as well as those imposed upon an investment adviser under the Investment Advisers Act of 1940. RIA further represents it does not provide services as a fiduciary to any investment provider or entity that holds the Plan’s assets, nor does it perform recordkeeping or brokerage services to the Plan. d. Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which Client or Plan or any other party may have under ERISA, as well as federal or state securities laws. e. Nonassignability; Binding Effect. No assignment of this Agreement shall be made without the consent of both parties. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. f. Delivery of Notices. Any notice, advice or report provided between the parties under this Agreement will be delivered in person, by U.S. mail or overnight courier (postage prepaid), by electronic mail, or sent by facsimile transmission (with a hard copy sent by U.S. mail) to the address listed on the cover page of this Agreement or at such other address as RIA may designate in writing. g. Advice of Counsel. Each party represents and warrants that, in executing this Agreement, it has had the opportunity to obtain independent accounting, financial, investment, legal, tax, and other appropriate advice and that it has carefully read and fully understands the terms and consequences of this Agreement. Each party represents and warrants that its execution of this Agreement is free and voluntary. h. Severability. If any one or more of the provisions of this Agreement shall, for any reason, be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be enforced as if such illegal or invalid provision had not been contained herein. i. Interpretation. This Agreement shall be construed in accordance with its fair meaning as if prepared by all parties hereto and shall not be interpreted against either party on the basis that it was prepared by one party or the other. The captions, headings, and subheadings used in this Agreement are for convenience only and do not in any way affect, limit, amplify or modify the terms and provisions thereof. Words used herein in the singular shall include the plural, and words used in the plural shall include the singular, wherever the context so reasonably requires. 7. Receipt of Firm Brochure. Client hereby acknowledges delivery and receipt of RIA’s Form ADV. If Client did not receive this document at least forty-eight (48) hours prior to execution of this Agreement, it may cancel this Agreement by giving written notice to RIA within five (5) days after executing this Agreement. 8. Disclosure of Potential Conflicts. The Investment Adviser Representative is registered with RIA but employed by or contracted with a third-party financial services firm. As a result, the Investment Adviser Representative is acting as an independent contractor, and not as an employee, of RIA. However, RIA will be responsible for monitoring and supervising any investment advisory or management services the Investment Adviser Representative provides to RIA’s clients. The Investment Adviser Representative may also be affiliated with a broker-dealer as a registered representative. However, RIA’s investment adviser representatives are not permitted to receive any compensation from the broker-dealer or any investment product providers as a result of the Services including, without limitation, any investment products recommended or sold to the Plan. Therefore, the only compensation the Investment Advisor Representative may receive as a result of the Services is a portion of the advisory fee payable to RIA under this Agreement. RIA does not receive any direct or indirect compensation from product providers for the investment products it recommends, except to the extent those sources are used to pay the compensation due under this Agreement or to cover expenses incurred by RIA’s employees and agents to attend industry and educational events, as well as to learn about the provider’s products and to host client events. (RIA maintains a register of such payments and will make this information available to Client upon request.) Therefore, the only compensation RIA derives from its provision of Services under this Agreement are the fees specified herein, and RIA believes its investment recommendations are free from conflict. Base Agreement, page 3 of 3 APPENDIX I PRIVACY NOTICE RIA values the trust its retirement plan clients have placed in it and is committed to the responsible management, use, and protection of information it acquires regarding the plan, its sponsor, and the plan’s participants. As you read this document, please note that federal privacy laws only apply to individuals who have purchased a financial product or service for personal, family, or household purposes. As a result, the laws do not apply to retirement plans (including the participants and beneficiaries of such plans) or other entities. However, it is the intent of RIA to maintain the confidentiality of any nonpublic, personal information of its retirement plan clients (including their participants and beneficiaries) as if that information was protected by federal privacy laws, and we will only disclose such information pursuant to the exceptions set forth below, unless specifically requested by the client. Information We Collect From You RIA collects personal information about retirement plan participants and beneficiaries to help it provide the Services; offer new products or services; and fulfill legal and regulatory requirements. RIA collects information about its customers from the following sources: • information provided to us, our affiliates, or our investment advisor representatives, such as from Client in the course of RIA’s provision of the Services to the plan or from plan participants in connection our investment education or financial wellness services. • information provided by other unaffiliated third parties, such as from the plan’s recordkeeper or custodian. • information gleaned from public sources, such as the plan’s Form 5500 filing. This information may include “nonpublic, personal information,” which means information that is not readily known or accessible in the public realm, such as a participant’s social security number, birth date, net worth, assets, and income. Sharing Information RIA will not disclose nonpublic personal information related to the Client or any of the plan’s participants or beneficiaries without prior consent, unless the disclosure is needed to: • provide the Services, including: providing advice to Client regarding the utilization of the plan’s investment options and/or effectiveness of the plan’s design in helping participants reach their retirement goals; providing investment education or financial wellness services to the plan’s participants; providing concierge service to Client in working with the plan’s vendors; • provide Client or the plan’s participants with marketing materials regarding RIA’s products and/or services, as well as those offered pursuant to joint agreements with our affiliates or non-affiliated third parties, so long as all parties offering the products and/or services have agreed, in writing, to protect the confidentiality of the Client’s information and to not use it for any other purpose; • enforce any of RIA’s rights, including the collection of any fees or other payments due; • provide any of RIA’s affiliates with information regarding its operations, or as reasonably required pursuant to the proposed or actual sale, merger, transfer, or exchange of all, or a portion of, its business; • comply with the request or requirements of regulatory and/or law enforcement organizations; • respond to a subpoena or discovery request; or • provide disclosures as otherwise permitted or required by law. RIA may provide such information to RIA’s affiliates and/or unaffiliated financial or non-financial services providers as necessary pursuant to the exceptions listed above. However, RIA will not sell, share, or disclose any nonpublic personal information to unaffiliated third-party marketing companies. Safeguarding Information RIA recognizes the need to prevent unauthorized access to the information it collects, including information held in electronic format. As a result, RIA limits access to customers’ confidential or nonpublic personal information only to personnel who need the information to provide the Services. RIA maintains physical, electronic, and procedural safeguards regarding its customers’ information to ensure it complies with this policy, industry practices, and federal and state regulations, including after this Agreement is terminated. Privacy Notice, page 1 of 1 SCHEDULE A SCHEDULE OF SERVICES TO BE PROVIDED (SERVICES TO PLAN FIDUCIARIES) Check each Service to be provided pursuant to this Agreement: Preparation of Investment Policy Statement. RIA will help draft an investment policy statement (“IPS”) for Client to review, amend, and adopt as it deems appropriate in consideration of the Plan’s investment objectives, policies, and constraints. The IPS will outline the investment policies and objectives for the Plan as well as considerations for meeting those objectives. Investment Advice to the Plan. RIA will recommend, for adoption by the Plan, the specific investments to be held by the Plan or, in a participant-directed plan to be offered as investment options under the Plan, consistent with the policies outlined in the IPS. For participant-directed plans, RIA will recommend a “broad range” of investment options intended to achieve compliance with ERISA §404(c). RIA will also assist the Plan in implementing any investment decisions it adopts. Performance Monitoring and Reporting of Investments. RIA will monitor Plan’s investments according to the guidelines outlined in the IPS and, when applicable, the continued compliance of the Plan’s investments with the “broad range” requirement under ERISA §404(c). RIA will also prepare performance reports based upon information derived from statements provided by Client and/or the Plan’s recordkeeper. Advice on Qualified Default Investment Alternative. If Client determines the Plan should have a qualified default investment alternative (“QDIA”) for participants who are automatically enrolled in the Plan or who otherwise fail to make an investment election, RIA will recommend, for adoption by the Plan, the investment(s) to serve as the QDIA. Education Services to Plan Fiduciaries. At times mutually agreed to by the parties, RIA will provide educational training, including guidance as to fiduciary responsibilities, for the Plan’s fiduciaries, including members of the committee to whom investment authority has been delegated at such times and under such terms as the parties may agree from time-to-time. Counseling Services to Plan Fiduciaries on Increasing Participant Retirement Readiness. RIA will periodically audit the Plan’s behavioral health. This may include, without limitation, a review of the Client’s payroll demographics, survey of the Plan’s participation and deferral rates, and analysis of the investment choices being made by the Plan’s participants. RIA will then counsel the Plan’s fiduciaries on strategies to optimize participants’ use of the Plan to meet their retirement needs. However, Client understands this does not include the implementation of any changes in the Plan’s design, as such services may be considered a “settlor expense” that cannot be paid from Plan assets. Participant Investment Education Services. RIA will assist Client in meeting its duties under ERISA 404(c) by educating the Plan’s participants regarding general investment principles and the investment alternatives available under the Plan at such times and under such terms as the parties may agree from time-to-time. Participant Enrollment Services. RIA will assist Client in enrolling participants in the Plan, including conducting enrollment meetings designed to increase retirement plan participation among employees at such times and under such terms as the parties may agree from time-to-time. Concierge Services. RIA will act as the Plan’s liaison with its vendors to help coordinate communications regarding issues Client may experience with its management of the Plan. However, RIA will not assume any responsibility or liability for the actual management or administration of the Plan, including any responsibility for ensuring Client or a vendor completes any duty or task assigned to it. Request for Proposals/Plan Vendor Search. RIA will manage the preparation, distribution, evaluation of RFPs of potential Plan vendors for selection by the Plan, as well as interviewing the finalists and providing support services for the conversion to the selected vendor. Benchmarking Services. RIA will provide Client with comparisons of Plan data (e.g., regarding fees, services, participant enrollment and contributions, etc.) to data from the Plan’s prior years and/or a benchmark of similar plans. Assistance in Identifying Plan Fees. RIA will assist Client in identifying the fees and other costs borne by the Plan for items specified by Client, including investment management, recordkeeping, participant education, participant communications, and/or other services provided to the Plan. Additional Services. Schedule A, page 1 of 2 Schedule A, page 2 of 2 SCHEDULE B FEE SCHEDULE 1. Advisory Fee. In exchange for its provision of the Services designated on Schedule A, the parties agree RIA shall be entitled to an advisory fee equal to: Service Type Fee Type Fee Amount Frequency Paid By Ongoing Services (applicable to all Services except those designated as a Project-Based Service, below.) Percent of Plan Assets (1) Flat Fee Tiered Schedule (1)(2) Other 0.25% Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) Project-Based Service Flat Fee Other Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) Project- Based Service Flat Fee Other Annually In Advance Quarterly Arrears Monthly One Time Fee Client Custodian (from plan assets) (1) The value of total assets within the Plan or the participant’s account will be as documented by the Plan’s custodian as of the date that corresponds to the “Frequency” column listed above for that payment period. Client understands and agrees that, if the advisory fee is charged as a percentage of Plan or participant assets, the percentage is applicable to the Plan assets for that payment period, divided by the applicable ratio for a 12-month period. For example, if the payment period is “Quarterly,” the advisory fee for each complete payment period will be calculated as: (Plan assets x applicable percentage) / 4 (2) Tiered fee for service based upon the following percentage of the total assets within the Plan: Value of Plan Assets Fee $0 - $ bps $ - $ bps $ - $ bps $ - $ bps 2. Additional Fees. Client and/or the participants in the Plan may incur certain charges imposed by third parties in addition to the advisory fees described herein. Such charges include, but are not limited to, custodial fees; brokerage commissions; transaction fees; charges imposed directly by a mutual fund, index fund, or exchange traded fund selected as an investment; wire transfer fees; and other fees and taxes on brokerage accounts and securities transactions. Schedule B, page 1 of 1 SCHEDULE A-1 SCHEDULE OF SERVICES TO BE PROVIDED (INDIVIDUALIZED PARTICIPANT INVESTMENT ADVICE) Authorization to Provide Individualized Investment Advice for Plan Participants. Client hereby authorizes RIA to offer individualized advice or discretionary management of the investments in participants’ account, as well as authorizing RIA to collect its management fees from the participant’s plan assets, if applicable. (Pursuant to Department of Labor Field Assistance Bulletin 2007-1, a plan sponsor or other fiduciary that prudently selects and monitors an investment adviser will not be liable for the advice furnished by the adviser to the plan’s participants and beneficiaries, whether or not the advice is provided pursuant to the statutory exemption outlined in §408(b)(14) of ERISA.) SCHEDULE B-1 FEE SCHEDULE (INDIVIDUALIZED PARTICIPANT INVESTMENT ADVICE) 1. Advisory Fee. In exchange for its provision of the Services designated on Schedule A-1, the parties agree RIA shall be entitled to a fee equal to: Service Type Fee Type Fee Amount Frequency Paid By Individualized Participant Advice Services Percent of Plan Assets (1) Percent of Participant’s Assets (1) Flat Fee Included in Plan Investment Services Annually In Advance Quarterly Arrears Monthly Client Custodian (from plan assets) Participant (1) The value of total assets within the Plan or the participant’s account will be as documented by the Plan’s custodian as of the date that corresponds to the “Frequency” column listed above for that payment period. Client understands and agrees that, if the advisory fee is charged as a percentage of Plan or participant assets, the percentage is applicable to the total assets for that payment period, divided by the applicable ratio for a 12-month period. For example, if the payment period is “Quarterly,” the advisory fee for each complete payment period will be calculated as: (Total assets x applicable percentage) / 4 2. Additional Fees. Client and/or the participants in the Plan may incur certain charges imposed by third parties in addition to the advisory fees described herein. Such charges include, but are not limited to, custodial fees; brokerage commissions; transaction fees; charges imposed directly by a mutual fund, index fund, or exchange traded fund selected as an investment; wire transfer fees; and other fees and taxes on brokerage accounts and securities transactions. Schedule A-1 and B-1, page 1 of 1 CLIENT INFORMATION FORM Effective Date This Agreement shall be effective as to the Plan(s) listed on this Client Information Form beginning on , 20 . (If the Effective Date is not the first day of the initial payment period, a pro-rata fee will be charged for that initial payment period.) Information Regarding the Plan Sponsor City of Milton Plan Sponsor (“Client”) 2006 Heritage Walk Milton GA 30004 Address City State Zip Code Phone Number Fax Number Website 51-0608862 Sam Trager 678-242-2516 Federal Tax ID Number Contact Person-Phone Number/Extension Information Regarding the Plan Sponsor’s Retirement Plan(s) City of Milton 457(b) Plan 457(b) Plan 1 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) 51-0608862 $4,499,398 Voya 644FB8 Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. Plan 2 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. Plan 3 Name Plan Type (401(k), 403(b), Profit Sharing Plan, etc.) Federal Tax ID Number Number of Participants (approx.) Value of Plan Assets (approx.) Record Keeper and Plan No. (Additional retirement plans may be added by endorsement, if necessary.) Billing Contact and Address Company or Individual: Sam Trager Contact (If Company): Relationship: Plan Sponsor Investment Provider Custodian/Recordkeeper Other (explain) Address: City State Zip Code 2006 Heritage Walk Milton, GA 30004 Name of Company/Individual to contact for asset value if applicable Name: Shawn Slemon Phone: 404-661-6777 Client Information Form, page 1 of 1 SIGNATURE PAGE By their signatures, below, the parties hereby indicate their acceptance of the terms and conditions set forth in this Agreement, including Schedules A and B and the Client Information Form. Each person signing this Agreement on behalf of Client represents and warrants: (i) he or she is a responsible plan fiduciary with full authority to act on behalf of Client and Plan; (ii) he or she has the power and authority to enter into a relationship with RIA on the Plan’s behalf; (iii) he or she will inform RIA, in writing, of any amendments to the Plan or any other event which could alter the representations and warranties stated herein; and (iv) that all of the information it has provided as a part of this Agreement is true, correct, and complete in all respects. For Client: Signature of Responsible Plan Fiduciary or Trustee: Printed Name: Date: Signature of Responsible Plan Fiduciary or Trustee: Printed Name: Date: For RIA: Signature of Investment Advisor Representative: Printed Name: Date: OFFICE USE ONLY: ADV to Client: ______/______/______ Copy of Agreement to Client: ____/____/____ Firm: Advisor Code: Notes: Signature Page, page 1 of 1 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #1 between the City of Milton and CPS HR Consulting Extending Professional Services Agreement for the Completion of the Employee Engagement Survey Until 9/30/2021. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted April 6, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Approval of Change Order #1 between the City of Milton and CPS HR Consulting Extending Professional Services Agreement for the Completion of the Employee Engagement Survey Until 9/30/2021. _____________________________________________________________________________________ Project Description: CPS HR Consulting will coordinate an employee engagement survey for all our employees. Council originally approved a Professional Services Agreement with CPS HR Consulting to conduct an employee engagement survey on March 2,2020. Due to COVID, we did not conduct the study, feeling COVID would have a large impact on results. Conducting an employee engagement survey is part of the Strategic Plan. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1540-521200000 Requisition Total: $ 10,500 Vendor DBA: CPS HR Consulting Financial Review: Bernadette Harvill, April 2, 2021 Legal Review: Sam Van Valkenburg, Jarrard and Davis, LLP - March 15, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Change Order 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT Employee Engagement Survey WHEREAS, the City of Milton, Georgia and Cooperative Personnel Services dba CPS HR Consulting (“the Consultant”) have entered into a Professional Services Agreement (the “Agreement”) dated March 2, 2020, incorporated herein by reference, for the administration of an employment engagement survey process; and WHEREAS, the Parties desire to change the timing pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Professional Services Agreement as follows: 1. Section 3 is amended by replacing the text “and the Work shall be completed, and the Agreementshall terminate, on or before September 30, 2020” with the following: “and the Work shall becompleted, and the Agreement shall terminate on or before September 30, 2021”. 2. Any Work performed between the October 1, 2020 and the date of complete execution of thisAmendment is hereby ratified. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 CONTRACTOR: Cooperative Personnel Services dba CPS HR Consulting By: ________________________________________ Print Name: _________________________________ Title: ______________________________________ Attest/Witness: Signature: ____________________________________ Print Name: ___________________________________ Title: ________________________________________ CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney Sandy MacDonald-Hopp Chief Financial Officer Dimple Patel Contracts Coordinator CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 5, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Approval of an Application to the Georgia Department of Transportation for Funding through the FY 21 Local Maintenance and Improvement Grant Safety Action Plan. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 5, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Consideration of the Approval of an Application to the Georgia Department of Transportation for Funding through the FY 21 Local Maintenance and Improvement Grant Safety Action Plan _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: To invest in improving the safety of local road systems, the Georgia Department of Transportation (GDOT) is providing $2 Million for District Seven to supplement budget for safety improvements. This Local Maintenance and Improvement Grant (LMIG) Safety Action Plan (SAP) program focuses on low-cost safety improvements that can be implemented on Off-System routes likely to reduce the frequency and severity of crashes. The City of Milton has been selected as an eligible participant to apply for funding through the FY 2021 LMIG SAP using crash data compiled from accident reports throughout GDOT’s District Seven. To aid in project selection, GDOT Traffic Operations provided data driven crash summary reports listing roadways that could be submitted for proposed projects. The eligible project contract items that may be included on the application include signing and pavement markings for the roadways. Funding and Fiscal Impact: The funding will be up to $350,000 of GDOT funding with a required 30% local match of up to $150,000. If awarded, the local match portion could come from funding designated for similar improvements through restriping existing roads, sign materials or pavement management programs. Alternatives: Do not pursue this grant funding Legal Review: N/A Concurrent Review: Steven Krokoff, City Manager Attachment(s): Roadway List and Application Revised 6/1/2020 10/18/2013 Page 1 GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL MAINTENANCE & IMPROVEMENT GRANT (LMIG) APPLICATION FOR FISCAL YEAR 20___ TYPE OR PRINT LEGIBLY. ALL SECTIONS MUST BE COMPLETED . LOCAL GOVERNMENT INFORMATION Date of Application: Name of local government: Address: Contact Person and Title: Contact Person’s Phone Number: Contact Person’s Fax Number: Contact Person’s Email: Is the Priority List attached? LOCAL GOVERNMENT AFFIDAVIT AND CERTIFICATION I, (Name), the (Title), on behalf of (Local Government), who being duly sworn do swear that the information given herein is true to the best of his/her knowledge and be lief. Local Government swears and certifies that it has read and understands the LMIG General Guidelines and Rules and that it has complied with and will comply with the same. Local government further swears and certifies that it has read and understands the regulations for the Georgia Planning Act of 1989 (O.C.G.A. § 45-12-200, et seq.), Service Delivery Strategy Act (O.C.G.A. § 36-70-20, et seq.), and the Local Government Budgets and Audits Act (O.C.G.A. 36-81-7 et seq.) and will comply in full with said provisions. Local government further swears and certifies that the roads or sections of roads described and shown on the local government’s Project List are dedicated public roads and are part of the Public Road System in said county/city. Local government further swears and certifies that it complied with federal and/or state environmental protection laws and at the completion of the project(s), it met the match requirements as stated in the Transportation Investment ACT (TIA). Further, the local government shall be responsible for any claim, damage, loss or expense that is attributable to negligent acts, errors, or omissions related to the designs, drawings, specifications, work and other services furnished by or on behalf of the local government pursuant to this Application (“Loss”). To the extent provided by law, the local government further agrees to hold harmless and indemnify the DEPARTMENT and the State of Georgia from all suits or claims that may arise from said Loss. Revised 6/1/2020 10/18/2013 Page 2 GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL MAINTENANCE & IMPROVEMENT GRANT (LMIG) APPLICATION FOR FISCAL YEAR 20___ LOCAL GOVERNMENT AFFIDAVIT AND CERTIFICATION If the local government fails to comply with these General Guidelines and Rules, or fails to comply with its Application and Certification, or fails to cooperate with the auditor(s) or fails to maintain and retain sufficient records, the DEPARTMENT may, at its discretion, prohibit the local government from participating in the LMIG program in the future and may pursue any available legal remedy to obtain reimbursement of the LMIG funds. Furthermore, if in the estimation of the DEPARTMENT, a roadway or bridge shows evidence of failure(s) due to poor workmanship, the use of substandard materials, or the failure to follow the required design and construction guidelines as set forth herein, the Department may pursue any available legal remedy to obtain reimbursement of the allocated LMIG funds or prohibit local government from participating in the LMIG program until such time as corrections are made to address the deficiencies or reimbursement is made. All projects identified on the Project list shall be constructed in accordance with the Department’s Standard Specificati ons of Transportation Systems (Current Edition), Supplemental Specifications (Current Edition), and Special Provisions. Local Government: E-Verify Number (Signature) Sworn to and subscribed before me, (Print) This day of , 20 . Mayor / Commission Chairperson In the presence of: (Date) LOCAL GOVERNMENT SEAL: NOTARY PUBLIC My Commission Expires: NOTARY SEAL: CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the 100th Anniverary of the Georgia Society of the Sons of the American Revolution. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X Proclamation 100TH ANNIVERSARY GEORGIA SOCIETY NATIONAL SOCIETY SONS OF THE AMERICAN REVOLUTION WHEREAS, the Sons of the American Revolution was conceived as a fraternal and civic society composed of lineal descendants of individuals who wintered at Valley Forge; signed the Declaration of Independence; fought during the American Revolution; served in the Continental Congress; or supported the cause of American Independence; and WHEREAS, 16 Presidents have been proud members of the Sons of the American Revolution; and WHEREAS, the Sons of the American Revolution is devoted to perpetuate the memory of the individuals who, by their services or sacrifices during the American Revolutionary War, achieved independence for the United States; and inspiring citizens to revere the principles that their forefathers incorporated into the Government of the United States; and encouraging the development of historical research about the American Revolutionary War; and WHEREAS, over 2,000 members of the Georgia Society Sons of the American Revolution are organized in 35 chapters throughout the state, whose ancestors helped the original 13 colonies to win independence for our country; and WHEREAS, The Piedmont Chapter, Georgia Society of the Sons of the American Revolution serves the communities of Alpharetta, Milton, East Cobb and Roswell with Patriotic, Historical and Educational activities; and WHEREAS, on March 14, 2021 the Georgia Society, Sons of the American Revolution celebrated their 100th anniversary; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton express our appreciation and gratitude of the members of the Piedmont Chapter, Georgia Society Sons of the American Revolution for their effort to protect the legacy of our nation’s founders and to promote patriotism. Given under my hand and Seal of the City of Milton, Georgia on this _____ day of April 2021. ____________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: An Ordinance to Revise and Update Regulations Related to Door- to-Door Sales. MEETING DATE: Monday, April 12, 2021 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 X April 12, 2021 To: Honorable Mayor and City Council Members From: Rich Austin, Police Chief Date: Submitted on March 24, 2021 for the April 12, 2021 (First Presentation) and April 26, 2021 (Unfinished Business) Regular City Council Meeting Agenda Item: An Ordinance to Revise and Update Regulations Related to Door- to-Door Sales. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is a proposed revision and update to Chapter 36 Article II of the City’s Code relating to door-to-door sales. The purpose of this update is to define charitable organizations and nonprofit organizations, require that charitable organizations register with the Secretary of State pursuant to Georgia statute O.C.G.A. § 43-17-5, and amend the exceptions to these requirements to comply with state statutes. Funding and Fiscal Impact: None. Alternatives: The City Council has the discretion to decide whether or not to revise and update the ordinance. Legal Review: Ken Jarrard, Jarrard and Davis March 23, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision 1 STATE OF GEORGIA ORDINANCE NO. _____ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE II OF CHAPTER 36, DOOR TO DOOR SALES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Article II of Chapter 36 of the City of Milton Code of Ordinances regulates the door-to-door solicitation in the City of Milton and imposes various requirements and regulations on individuals seeking to solicit within the City; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing regulations; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Article II of Chapter 36 of the City of Milton Code of Ordinances is hereby replaced in its entirety by the text attached hereto as Exhibit A. SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. SO ORDAINED this the _____ day of _________________, 2021, the public’s health, safety, and welfare demanding it. Approved: Joe Lockwood, Mayor Attest: Tammy Lowit, City Clerk Exhibit A ARTICLE II. - DOOR-TO-DOOR SALES DIVISION 1. - GENERALLY Sec. 36-19. - Definitions. For the purpose of this article, the following words as used herein shall be considered to have the meaning herein ascribed thereto: Bona fide charitable organization means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in this Section. Handbill means any printed or written material, any leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature pertaining to any speech, whether commercial or noncommercial. Moral turpitude means, in relation to a criminal offense, a crime that is contrary to justice, honesty, modesty, good morals or a person's duty to other people. Misdemeanors that are crimes of moral turpitude for the purpose of this article include, but are not limited to, theft, bad checks, shoplifting, making terroristic threats, giving a false name to a police officer, false swearing, forgery, fraud and extortion. Nonprofit corporation shall mean a duly formed corporation, registered with the Georgia Secretary of State, that has been approved as a tax-exempt, charitable organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended. Religious organization means an entity which conducts regular worship services; or is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, Return of Organization Exempt From Income Tax, under any circumstances. Residence includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. Soliciting includes any one or more of the following activities: 1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; 2) Seeking to obtain prospective customers for the application or purchase of insurance of any type, kind or publication; or 3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. 3 Solicitor includes any person who solicits orders or appointments on behalf of a firm, corporation, company, association, partnership or individual for any goods, wares, services, or merchandise or other things of value, from house to house. Any person who obtains orders or appointments for merchandise, services, or other things of value shall be deemed a solicitor. The term solicitor shall not mean an individual or field sales representative working for or on behalf of a bona fide charitable organization or nonprofit organization corporation. However, all bona fide charitable organizations shall be registered with the Georgia Secretary of State, in accord with O.C.G.A. § 43-17-5, except as otherwise exempted pursuant to O.C.G.A. § 43- 17-9. or students or parents of students (i.e., PTA, booster club organizations) participating in approved school-sponsored fund raisers. Secs. 36-20—36-38. - Reserved DIVISION 2. - PERMIT Sec. 36-39. - General provisions. (a) Required. It shall be unlawful for any person to engage in the business of soliciting, calling on residences door-to-door without first having obtained a permit in accordance with the provisions contained in this article. (b) Exceptions. The requirement of subsection (a) of this section is meant to apply to door-to- door solicitations for commercial transactions for profit only. The requirement of subsection (a) of this section does not apply to the following: 1) It is not meant to regulate solicitation for charitable, political, or other nonprofit purposes; provided that all sales proceeds are the property of and used by the nonprofit organization. 2) It does not apply to officers or employees of the city, county, state, or federal government, or any subdivision thereof, when on official business. 1) Bona fide charitable organizations or nonprofit corporations, but such entities must comply with O.C.G.A. § 43-17-5 to qualify for this exemption; 2) Entities or persons identified in O.C.G.A. § 43-17-9. (c) Display. Each person shall at all times while soliciting in the city carry upon his or her person the permit so issued and the same shall be exhibited by such solicitor whenever he or she is requested to do so by any police officer or by any person solicited. (d) Contents. Each permit issued shall contain: 1) The name of the solicitor; 4 2) The name and address of the person whom the solicitor is employed by or represents; 3) A photograph of the solicitor (such photograph shall be provided by the solicitor and shall be at least two inches by two inches in size); and 4) Physical description. (e) Expiration. The permit shall state the expiration date thereof. In no event shall a permit be valid for more than six months. Sec. 36-40. - Application. (a) Required; fee; contents. Application for a permit shall be made upon a form provided by the city, and shall be accompanied by the permit fee as established from time to time by the city council, as cost for investigation and regulation under this article. This fee shall be used for payment of the cost of such registration, investigation and regulation of persons subject to this article. The city police department shall have applications available on request. The applicant shall truthfully state in full the information requested on the application, to wit: 1) Name and address of present place of residence and length of residence at such address, also business address if other than present address; 2) Address of place of residence during the past three years if other than present address; 3) Age of applicant; 4) Physical description of the applicant; 5) Name and address of the person whom the applicant is employed by or represents; and the length of time of such employment or representation; 6) Name and address of employer during the past three years if other than the present employer; 7) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; 8) Proposed route, including streets to be included on each day, which applicant intends to follow; 9) The date, or approximate date, of the latest previous application for permit under this article, if any; 10) Whether the applicant has ever been convicted of a felony, a crime of moral turpitude, or any other violation of any state or federal law; 11) Names of magazines, books, or journals to be sold; 5 12) Names of the three most recent communities where the applicant has solicited house to house; 13) Proposed method of operation; 14) Description and license plate number of vehicle intended to be operated by applicant; 15) Signature of applicant; and 16) Social security number and date of birth of applicant. (b) Oath. All statements made by the applicant upon the application or in connection therewith shall be under oath. (c) Criminal Record. Upon application, the city’s police department shall have a complete and exhaustive search made relative to any criminal or arrest record of the applicant based upon information provided by the applicant and/or the applicant’s government-issued identification. The presence of an arrest record shall be used for investigative purposes only and shall give rise to no presumption or inference of guilt. (d) Procedure upon filing solicitation application. The city police department shall review the application to determine its compliance with the terms of this article within seven (7) business days after receipt of the same. Thereafter, the city police department shall either issue a permit to the applicant or notify the applicant that the application has been denied. Any denial of an application shall be provided to the applicant in writing, and shall specifically note the specific reasons for denial. Such notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. (e) Records. The city manager shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this article, and of the denial of applications. Applications for permits shall be numbered in consecutive order as filed, and every permit issued shall be identified with the duplicate number of the application upon which it was issued. (f) Denial of a Permit. An application for a permit may be denied only for the following reasons: 1) The applicant failed to fully complete the application or failed to provide all required information; 2) The applicant gave fraudulent or untruthful information in the original application or renewal process; 3) The applicant has been convicted of or plead guilty or nolo contendere to a felony; 4) Within five years of the date of the application, the applicant has been convicted of or plead guilty or nolo contendere to a crime of moral turpitude; 6 5) Within five years of the date of the application, the applicant has been convicted or plead guilty or nolo contendere to a crime involving: a. Illegal gambling; b. Illegal possession or sale of controlled substances; c. Keeping a place of prostitution; d. Pandering; e. Pimping; f. Public indecency; g. Prostitution; h. Solicitation of sodomy; or i. Any sexual related crime. 6) The applicant has been convicted of a violation of any of the provisions of this article; or 7) The applicant has previously had a permit issued hereunder revoked as herein provided. (g) Term; renewal. A permit issued under this article shall be valid for a six-month period from the date the permit is issued. The permit may be renewed by filing a renewal application upon forms prescribed by the city, and paying a renewal fee to cover the expense of updating the investigative report. Sec. 36-41. - Revocation. (a) Any permit issued hereunder shall be revoked by the city manager if the holder of the permit is convicted of a violation of any of the provisions of this article or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. (b) Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application or at the applicant's last known address. (c) Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the city manager's office. Sec. 36-42.- Appeals by solicitors 7 (a) A solicitor shall have the right to file an appeal to the city council for the denial of a permit or the revocation of a permit under this article. (b) If any solicitor or his company is dissatisfied with the decision of the city council upon appeal, he or she shall have the right to appeal as provided by the laws of the state. Secs. 36-43—36-60. - Reserved. DIVISION 3. - REGULATIONS Sec. 36-61. - Routes. To the extent practical, each solicitor shall identify the streets and routes which he or she will follow on each day he or she is engaged in the business of soliciting. If changes in routes are made, then such changes must be immediately reported to the city manager's office. Sec. 36-62. - Prohibited acts. (a) Fraud, misrepresentation, etc. Any licensed solicitor who shall be guilty of any fraud, cheating or misrepresentation, whether himself or herself or through an employee, while acting as a solicitor in the city, shall be deemed guilty of a violation of this article. (b) Creating nuisance. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting if the occupant of said residence has made it clear, by written sign or otherwise, that solicitors are not invited. No person shall enter a home without the express invitation of the occupant or owner. If a "no soliciting" sign is posted, no soliciting shall occur. (c) Prolonged stay after request to leave. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant or when the occupant indicates that he or she is not interested in purchasing the solicitor's product. (d) Entry on Private Property, Generally. If a "no soliciting" sign is posted, no handbills shall be left on the property. Irrespective of whether an individual is a solicitor, any person who distributes handbills on property containing a “no-soliciting” sign shall be in violation of this ordinance and subject to citation. (e) Solicitation outside prescribed times. It shall be unlawful to engage in soliciting between the hours of 30 minutes after sunset and 9:00 a.m. on any day. 8 Sec. 36-63.-Penalties. In addition to section 36-41 of this article, any person who violates any provision of this article shall be subject to citation and prosecution in municipal court, with a fine of up to $1,000.00 and/or imprisonment in jail for a period not to exceed 60 days or both. Secs. 36-64—36-81. - Reserved. CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Zoning Text Amendment – RZ21-03 - Sec. 64-1609 – Swimming pool, private (As it relates to location of swimming pools on flag lots.) MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X To: Honorable Mayor and City Council Members From: Robyn MacDonald, Zoning Manager Date: Submitted on March 8, 2021 for the April 12, 2021 Council Meeting (March 15, 2021- First Presentation) Agenda: Consideration of Zoning Text Amendment – RZ21-03 - Sec. 64-1609 – Swimming pool, private (As it relates to location of swimming pools on flag lots.) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as presented. Executive Summary: RZ21-03 There have been instances where a property owner has a flag lot and wants to construct a pool where it is technically in the front yard but it is located at the back of their house. This proposed text amendment would allow Staff to approve the location of a pool “behind” the house but is technically in the front yard setback. This item was presented at the CZIM meeting on December 29, 2020 with no one in attendance or participating via Zoom. In addition, the Planning Commission was presented the proposed text amendment on January 27, 2021, in which the Planning Commission recommended it to be deferred to the February 24, 2021 meeting. After further discussion with Staff and deliberation on February 24, it was voted unanimously 6-0 to recommend approval of the proposed amendment. Funding and Fiscal Impact: There are none. Page 2 of 2 Alternatives: The Mayor and City Council may choose not to approve the proposed text amendment or to make changes from Staff’s recommendation. Legal Review: Paul Frickey, Jarrard & Davis (January 2021 and March 8, 2021) Concurrent Review: Steve Krokoff, City Manager Attachments: Ordinance for Sec. 64-1609 – Swimming pool, private. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ21-03 AN ORDINANCE TO AMEND SEC. 64-1609 OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) – SWIMMING POOL, PRIVATE (AS IT RELATES TO LOCATION OF SWIMMING POOLS ON FLAG LOTS) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 12, 2021 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-1609 – Swimming pool, private 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 12th day of April, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk RZ21-03– Text Amendment prepared for the April 12, 2021 (First Presentation on March 15, 2021) City of Milton Mayor and Council Meeting Page 1 of 1 Sec. 64-1609. - Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2012 International Residential Code, Section AG105 or the 2012 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district. In addition, swimming pools may also be allowed at the back of the house on a double frontage single-family residential lot. In a flag lot, swimming pools shall be allowed in the front yard, provided such alternative location is approved by the department, which shall approve the location if the purpose of the zoning ordinance is maintained with the proposed location. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the pool. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single-family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64-237. d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way. (Ord. No. 14-06-209, § 1, 6-16-2014; Ord. No. 15-08-256 , § 1, 8-17-2015) CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2, Section 2-54 of the Code of the City of Milton, Georgia to Clarify the Council Meeting Agenda Setting Process. (First presentation at March 15, 2021 City Council Meeting) MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted March 9, 2021 for the March 15, 2021 and April 12, 2021 Regular City Council Meetings Agenda Item: Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2, Section 2-54 of the Code of the City of Milton, Georgia to Clarify the Council Meeting Agenda Setting Process _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In the two February 2021 council meetings, revisions to the City’s Charter were approved that removed language in Section 3.22(b) determining how items are added to the council agendas. Since something this granular seems more worthy of being in an Ordinance, we are bringing forward an amendment for consideration to Chapter 2, Article II, Sec. 2-54 that captures the process. Here is the new proposed language: Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting, with the mayor, city manager, city attorney, or the joint request by two council members able to add an item to the agenda. Council agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. Funding and Fiscal Impact: N/A Alternatives: None Legal Review: Ken Jarrard, Jarrard & Davis (2/9/21) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Amendment STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2, ARTICLE II, SECTION 2-54 OF THE CODE OF THE CITY OF MILTON, GEORGIA TO CLARIFY THE CITY COUNCIL MEETING AGENDA SETTING PROCESS WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Section 2-54 of the City’s Code of Ordinances governs the City Council Meeting agendas; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend Section 2-54 of the City’s Code of Ordinances to clarify the City Council agenda setting process; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 2-54 of the City of Milton Code of Ordinances is hereby amended to read as follows: • Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting, with the mayor, city manager, city attorney, or the joint request by two council members able to add an item to the agenda. Council agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the ___________ day of __________, 2021, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ City Clerk (Seal) CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 7, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Members to the City of Milton Board of Zoning Appeals Advisory Board by Appointing a Board Member At-Large. MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS ADVISORY BOARD BY APPOINTING A BOARD MEMBER AT-LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on April 12, 2021 at 6:00 p.m. as follows: SECTION 1. That Stephanie Butler (At-Large) is hereby appointed commencing April 12, 2021 and ending on December 31, 2021; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this ______ day of ______________ 2021. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 8 (0.177 Acres of Fee Simple Right of Way; 0.165 acres of Temporary Construction Easement; and One Temporary Driveway Easement; Owner: Alireza D. Lavassani; Mortgage Electronic Registration Systems, Inc. as Nominee for SunTrust Mortgage, Inc., and SunTrust Bank n/k/a Truist) MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 2, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 8 (0.177 Acres of Fee Simple Right of Way; 0.165 acres of Temporary Construction Easement; and One Temporary Driveway Easement; Owner: Alireza D. Lavassani; Mortgage Electronic Registration Systems, Inc. as Nominee for SunTrust Mortgage, Inc., and SunTrust Bank n/k/a Truist) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road and Bethany Bend/Way. The City has made a fair and reasonable offer to acquire the right of way and easements necessary for the construction of the intersection improvements on Parcel 8 and has reached agreement with the owner, but the parties have been unable to secure necessary approval from owner’s lender to allow closing. Construction bids have been received and the timeline to secure the land needed is critical. To move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 8. Funding and Fiscal Impact: The appraised value of the right of way is $152,800 Alternatives: The project constraints require impacts to this parcel and any further design changes would delay the project and increase the project costs. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (3/9/21) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Condemnation Resolution Hopewell Road at Bethany Bend parcel 8 RESOLUTION A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution , municipalities may acquire real property in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of the City of Milton, Georgia, a municipal corporation of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3- 1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of the City of Milton, Georgia, said property now or formerly vested in Alireza D. Lavassani, Mortgage Electronic Registration Systems, Inc. as nominee for SunTrust Mortgage, Inc., and SunTrust Bank n/k/a Truist, their successors or assigns. It is further resolved that payment of just and adequate compensation therefor be made to the person or persons entitled to such payment. The Mayor may sign any documents and/or pleadings required for proper filing under the aforementioned code sections including a Declaration of Taking and Order of the City Council. RESOLVED this ___ day of _______________, 2021. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ____________________________ Tammy Lowit, City Clerk (Seal) 16,/'iM01 ’ I31HH.W IIHVlimwimtm i ihihW) mwm mm :i imimvn nil irirmu llllnwl Min imi 1 mW.I mitiliKl 'MUM! 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I Rd N REQD RIW 1325. 04 SFREQD RIW 0.030 ACRESREMAINDER O +/-0. 970 ACRES PARCEL 8 ALI REZA 0. LAVASSAN I TRACT 2 REQ'O RIW DE8000! PNT OFFSET/ STATION/ ALIGNMENT DIST BEARING ------------------------------------------------------------- 0£80014 41. 22 L 303+/ !. 00 Hopewe! I Rd N 20. 78 S 65'07'24. O' w0£800/3 62.00 L 303+/ I. 00 Hopewell Rd N I 2. 73 S 45'44'45. O' W 0£80023 74. 01 L 303+06. 54 Hopewel I Rd N I I 6. 04 S 66'46'54. 2' W DE800!5 190. 00 L 303+/0. 00 Hopewell Rd N 48. 91 N /4'08' 38. 4' w0£80016 /80. 00 L 303+65. 00 Hopewel I Rd N 29. 19 N 62'00'54. 2' w0£80020 196. 50 L 303+92. 73 Hopewell Rd N 7./0 N I '23' I 5. 3" W 21 193. 28 L 304+00. 06 Hop ewe I I Rd N 42. 82 N 88'36'08. 3" E DE/OIi i I 55. 00 L 303+ 78. 23 Hopewe I I Rd N I 25. 57 N 88'36'08. 3' E 37 41.20 L 303+2/. /8 Hop ewe! I Rd N 9. 89 S 24'57'20. 4" E 0£800/4 41.22 L 303+/ I. 00 Hopewe I I Rd N REDD R/W 6411. 89 SF REDD R/W 0. 147 ACRES PARCEL 8 AL/REZA D. LAVASSAN! TRACT I RED'D TEMP. EASM'T. PNT DE60003 DE60002 DE8000! DE80003 DE80002 DE80004 DE80005 DE80006 ARC LENGTH CHORD BEAR LNTH CHORD RADIUS DEGREE DE80000 DE60003 REDD EASMT REDD EASMT OFFSET/ DIST 7 4. 6 I L 16. 7087. 00 L 33. 4372. 00 L 73. 09 7 4. 00 L 20. 9476. 00 L36. 6363. 00 L 13.41 52. 00 L/0. 71 41. 29 LI 3 I. 09 STATION/ BEARING ALIGNMENT 300+82. 50 Hopewel I N 63. 50 '55. 4" W 300+94. 37 Hopewe! I N 9'49'55. I" E 30/+26. 00 Hopewe! I N 20'34'27. 6 ° W 302+03. 00 Hopewel I N 26. 28' I 3. I " W 302+25. 00 Hopewe! I N /'22'06. 4" W 302+6/. 00 Hopewell N 32'03'00. 6" E 302+69. 00 Hopewe! I N 66'48'22. /0 E 302+69. 00 Hopewel I Rd N Rd N Rd N Rd N Rd N Rd N Rd N Rd N S 20'25'25. 8' EI 31. 05 1403.22 4'04'59. 4' 4/. 44 L 59. 517 4. 61 L 4938. 26 0. ! /3 30 I+ 34. 00S 17 '07 '05. 6" 300+82. 50 SF ACRES Hop ewe 11 Rd N w Hop ewe 11 Rd N I x, \FY 18\1180032\04. DRAWi NGS\Bel hony Bend\DGN\1180032_60-toDI es. dgn GRWPLN I P. t. No. I MILOOI 0£80002 PARCEL 8 AL/REZA D. LAVASSAN! TRACT 2 REO'D TEMP. EASM'T. DE80003 PARCEL 10 GREEN IMPLEMENTATION GROUP REQ'D PERM. EASM'T. DE/0/00 PNT DE80023 DE800l2 DE800!8 DE800l9 DE80020 DE800l6 DE800!5 DE80023 REDD EASMT REDD EASMT OFFSET/ DIST 7 4. 0 I L 12. 7486. 00 LI 17. 17 203. 00 L69. ! I203. 82 L/6. 47 I 96. 50 L 29. 19I 80. 00 L 48. 91I 90. 00 L I I 6. 047 4. 0 I L 2276. 20 a 0.052 STATION/ BEARING AL I GNMENT 303+06. 54 Hopewel I Rd N S 45'42'40. O" W 303+02. 00 Hopewel I Rd N S 62'32'44. I" W 302+95. 00 Hopewe! I Rd N N 26'32'00. O' W 303+75. 58 Hopewel I Rd N N I . 24' 08. I" W 303+92. 73 Hopewe! I Rd N S 62'00'54.2" E 303+65. 00 Hopewel I Rd N S /4'08'38. 4" E 303+/0. 00 Hopewe! I Rd N N 66'46'54. 2' E 303+06. 54 Hopewe! I Rd N SF ACRES PNT 37 DE/01 II DE/0114 DE/0113 ARC LENGTH CHORD BEAR LNTH CHORD RADIUS DEGREE 37 REDD EASMT REDD EASMT OFFSET/ DIST 41.20 L125. 57I 55. 00 L 75. 2280. 00 L39. 4741.! I L42. 56 STATION/ BEARING ALIGNMENT 303+2I. 18 Hopewel I Rd N S 88'36'08. 3' W 303+78. 23 Hopewell N 66'54'4I. 8' E 303+72. 00 Hopewell N 72'35'54. 8" E 303+65. 00 Hopewel I Rd N Rd N Rd N S 26'02' /4. 6' E42. 56 1403. 22 4'04'59. 4" 41.20 L2580. 30 0. 059 303+2I. 18 SF ACRES Hop ewe I I Rd N PARCEL 10 GREEN IMPLEMENTATION GROUP REO'D TEMP. EASM'T. DE/010/ PARCEL 8 AL/REZA D. LAVASSAN! REO'D DRWY. EASM'T. DE80004 PNT OFFSET/ DE800!4 41. 22 L ARC LENGTH · 40. 79 STATION/ 303+ I I. 00 CHORD BEAR· S 23'56' /3. O' E LNTH CHORD 40. 79RADIUS· 1403. 22 DEGREE· 4"04'59. 4" DE80006 41. 29 L DE80005 52. 00 L DE80004 63. 00 L DE80002 76. 00 L DE8002! 94. 00 L DE80022 /06. 00 L DE80009 139. 00 LDE800!0 /09. 00 L DE800 I I 98. 00 L DE800!2 86. 00 L DE800!3 62. 00 L DE800l4 41. 22 L 302+69. 00302+69. 00302+6/. 00302+25. 0030/+68. 50 30/+43. 00 301+69. 00302+37. 00302+79. 00303+02. 00 303+ I I. 00303+ I I. 00 PARCEL 9 MONOLETO J. & MELISSA L. HOSEA PNT OFFSET/ DIST DE90000 50. 00 RARC LENGTH· 22. 75 STATION/ BEARING 303+25. 96 CHORD BEAR· N 57'00'! I. O" WLNTH CHORD 2/. 55 RADIUS 20. 00DEGREE 286'29'22. 3' 78 38. 85 R ARC LENGTH· /6/. 96 CHORD BEAR· N 29' l2'07. 6" W LNTH CHORD 161. 88RADIUS 1483. 22 DEGREE 3'5!'46. 5' 79 39. 27 R7.95 303+43. 84 305 +O I. 50N 89'46'35. 3' E ALIGNMENT Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N Hopewe I I Rd N RED' D TEMP. EASM' T. AL I GNMENT Hopewell Rd N Hop ewe I I Rd N Hop ewe I I Rd N DE I /000 46. 00 RI 42. 58 304+97. 38 Hopewell Rd N DE9000/ DE90000 REOD EASMT REOD EASMT 56. 00 R35. 81 50. 00 R I 98 I. 48 0.045 S 33'36'34. O' E 303+60. 00 Hopewell Rd N ES 16 °30'44. 7" 303+25. 96 SF ACRES DATE Hopewell Rd N REVISIONS DE90000 PNT OFFSET/ DE /0 I I 3 41. I I L DE/0114 80. 00 L DE/011/ /55.00 L 21 193. 28 LDE/0109 190. 00 LDE/0112 I 15. 00 L DE/0115 84. 00 L DE/0116 69. 00 LDE/0117 75. 50 L DE/0118 /05. 50 L DE /0 I I 9 122. 00 LDE IO I 20 I 02. 04 L38 40.56 L ARC LENGTH 182. 72 STATION/ 303+65. 00303+72. 00303+78. 23 304+00. 06 304+05. 00303+90. 00303+77. 00305+25. 00305+5I. 00305+ 56. 50 305+65. 50 305+96. 95 305+53. 09 CHORD BEAR S 30"38' /2. O" E LNTH CHORD 182. 59 RADIUS 1403. 22 DEGREE 4'04'59. 4' DE/0113 41. ! I L 303+65. 00 REDD EASMT AREA 9389. 63 SF PARCEL /0 GREEN IMPLEMENTATION GROUP PNT OFFSET/ STATION/ ALIGNMENT Hopewel I Rd N Hop ewe 11 Rd N Hop ewe 11 Rd N Hopewe/ I Rd N Hop ewe 11 Rd N Hop ewe 11 Rd N Hopewe/ I Rd N Hopewe/ I Rd N Hopewel I Rd N Hop ewe 11 Rd N Hop ewe 11 Rd N Hopewe/ I Rd N Hopewel I Rd N Hop ewe 11 Rd N REO'D DRWY. EASM'T. ALIGNMENT ------------------------------------------------------------- DE/0115 84. 00 LDE/0/21 93. 00 LDE/0122 93.00 LDE/0123 83.03 LDE/0/ 15 84. 00 L 303+77. 00 303+8/. 41 303+94. 00 303+94. 00 303+77. 00 Hop ewe I I Rd N Hop ewe I I Rd N Hop ewe I I Rd N Hop ewe I I Rd N Hop ewe I I Rd N CITY OF MILTON PUBLIC WORKS DEPARTMENT PON> 115121 PARCEL 8: CHANGED PERUANENT EASE/JENT TABLE DEBOOOI TO RIGHT OF WAY RIGHT OF WAY MAP AND PERU ANENT EASEMENT TABLE DEBOOOJ TO TEMPORARY EASEUENT PROJECT NO: MI LOO 1 .Aralllt•ota ■ Engln••n • Plannera COUNTY: FU LTON DE/0102 1-----+---------------------------iLAND LOT NO: DRAWING No. ESTABLISHED 2(X)6 1-----+-----------------------------iLAND DISTRICT: 10GMO: 823 l-----+---------------------------1DATE :07115119 60-0011 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project, Parcels 3 and 6 (0.065 acres of fee simple right of way; 0.062 acres of temporary construction easement, and two temporary driveway easements; Owner: Pamela Ford Jackson, as Trustee of the PFAJ Revocable Trust Dated February 7, 2019) MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 2, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project, Parcels 3 and 6 (0.065 acres of fee simple right of way; 0.062 acres of temporary construction easement, and two temporary driveway easements; Owner: Pamela Ford Jackson, as Trustee of the PFAJ Revocable Trust Dated February 7, 2019) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road and Bethany Bend/Way. The City has made a fair and reasonable offer to acquire the right of way and easements necessary for the construction of the intersection improvements on Parcel 3 and 6 but has been unable to come to an acceptable resolution with the property owner. Negotiations are continuing but the construction bids have been received and the timeline to secure the land needed is critical. To move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcels 3 and 6. Funding and Fiscal Impact: The appraised value of the rights needed is $26,000 Alternatives: The project constraints require impacts to this parcel and any further design changes would delay the project and increase the project costs. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (3/9/21) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Condemnation Resolution Hopewell Road at Bethany Bend parcels 3 & 6 RESOLUTION A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution , municipalities may acquire real property in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of the City of Milton, Georgia, a municipal corporation of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3- 1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of the City of Milton, Georgia, said property now or formerly vested in Pamela Ford Allen Jackson, as Trustee of the PFAJ Revocable Trust dated February 7, 2019, her successors or assigns. It is further resolved that payment of just and adequate compensation therefor be made to the person or persons entitled to such payment. The Mayor may sign any documents and/or pleadings required for proper filing under the aforementioned code sections including a Declaration of Taking and Order of the City Council. RESOLVED this ___ day of _______________, 2021. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ____________________________ Tammy Lowit, City Clerk (Seal) MpTCN i0004 SEEES STA, 107150-00 SHEET fi0- --------- i--------------- M 0 a a ti I N 00.e01 Lei CZ) x Y c� - '--'--�0 q O oqd a"Co m Q lwtia a y d^->4 �ati '� iptiw V C Nbq LO C.3 p4] Q 1 't4 Q p Nqa pp W O 1 h] ago ovjwc W b O y 1.-1 00#00t 1 ¢ cg 4 ` �' a d O O N � ch �- ti o w -, I+O Ue3i} LL: o N � � U d O Lr) y y 7 4 '• k V I Qpm M�Ca- q _ W v i b ti T v q Q� N vc, . 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K ^ y~j � Pp2 P0200200200 b OO V1O V10P H � �� ; POD10000pFCmv ' � IA � p p WKO W r 000)00000 000000 v � i ^ O JVIJb�Nmp Jtp Ij li Noi V)m � O r � i J�Jpa;�mNmN2bJh�Q O n JOmJmmmJ � � O. i mmrC �+�+K O�m Np_�O�p o^b'INN vtNOO21-jM�NNNL�_ 2 �m A N tO tG O• M n 2 n \ e N . y- r \ M O O O M Ni.OMi�PO�pb�y bU, � K� i MN'M �OMO OMObO�r.lOO vim" W W �i 004�OM� n � i N ^'l yWj nU' IV i M��O�00^M'I¢o CC" `Onl+b.; .F,"W M VI VI N ` VI�PN O V1` i0 of N O r M VI b Iry N I� OO OMO N N In VI M U��iR1b WN1�VlNW2.. i VI` Nvi r\Nn'iN s � NNN N • ti v, ' n� n F_ ; 0 i NN bI[)¢ n� "N� ' O O O O P OWOOO m2W vuly IVI m O N M P 4'I��" ` ObWW • Vl ' �a �al'\m� IN � Vl; b�PN0 O O O O O 2mxQW O O O n 1 0 0 0 0 0 0 0 OWN Q Q • ' O� 0 0 0 0 0 0 0 0 0 0 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 4 (0.063 acres of fee simple right of way; 0.031 acres of temporary construction easement; and two temporary driveway easements; Owner: Donald G. Stepanek; JPMorgan Chase Bank, N.A.) MEETING DATE: Monday, April 12, 2021 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 April 12, 2021 X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 2, 2021 for the April 12, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Bethany Bend/Way Project Parcel 4 (0.063 acres of fee simple right of way; 0.031 acres of temporary construction easement; and two temporary driveway easements; Owner: Donald G. Stepanek; JPMorgan Chase Bank, N.A.) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road and Bethany Bend/Way. The City has made a fair and reasonable offer to acquire the right of way and easements necessary for the construction of the intersection improvements on Parcel 4 and has reached agreement with the owner, but the parties have been unable to secure necessary approval from owner’s lender to allow closing. Construction bids have been received and the timeline to secure the land needed is critical. To move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 4. Funding and Fiscal Impact: The appraised value of the right of way is $73,100 Alternatives: The project constraints require impacts to this parcel and any further design changes would delay the project and increase the project costs. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (3/9/21) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Condemnation Resolution Hopewell Road at Bethany Bend parcel 4 RESOLUTION A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution , municipalities may acquire real property in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of the City of Milton, Georgia, a municipal corporation of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3- 1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of the City of Milton, Georgia, said property now or formerly vested in Donald G. Stepanek, JPMorgan Chase Bank, N.A., their successors or assigns. It is further resolved that payment of just and adequate compensation therefor be made to the person or persons entitled to such payment. The Mayor may sign any documents and/or pleadings required for proper filing under the aforementioned code sections including a Declaration of Taking and Order of the City Council. RESOLVED this ___ day of _______________, 2021. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ____________________________ Tammy Lowit, City Clerk (Seal) DATESfSSUSERSSPRFBSSSPEI/rmCSSSOCKSCRKPLKP. I. Ho.yaooiCDPAMELA F. A. JACKSON DB 50592. PG 45 TAX PARCEL 22-4770-0892-0252aMARY D. GARRETT DB 14739, PG 52 TAX PARCEL 22-4770-0892-013JULIETTE UOEHRING DB 49028. 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JACKSONREO'D Dm. EASM'T. DE30002PARCEL I JULIETTE MOEHRINGREO'D FENCE EASM'T.DEI0I25PNTOFFSET/STATION/ALIGNMENTPNTOFFSET/STATION/BEARINGALIGNMENTDE20002 DE20003 DE20004 DE20005 ARC LENGTH • 31.40 CHORD BEAR ■ S 5'11’16. I’ E LNTH CHORD • 31.40 RADIUS ■ 1403.99 DEGREE * 4'04'5I.4‘ 29.63 L29.63 L 60. 50 L 57. 50 L 27.40 L104*18. 00 104*26. 00 104*50. 00 104*50. 00Hopewell Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd 5DISTHopewell Rd SDEI0I25101*41. 97N O’06'20. 0‘ V/ 102*78. 003.51 N 87'24'35.7- E102*78. 00S 0'05'42.8' E 101*41. 97 3.48 S 89'53'40. O’ VI43.26 L 101*41.97 - 469.28 SF■ 0.011 ACRES43.26 L 134.21 42.00 LHopewell Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd SDE10104DEI0I0538. 49 L 134. 3639. 78 LDEIOIOIPARCEL 4 DONAL G. STEPANEK TRACT 2DE20002104*18. 00REO'D TEMP. EASM'T. DE40002Hopewell Rd SDEI0I25 REOD EASMT REOD EASMTPNTOFFSET/STATION/BEARINGALIGNMENTDISTPARCEL 4 DONAL G. STEPANEKREO'D Dm. EASM'T. DE400I5DE400I237.36 R404*17. 34N 8"49'43. O' E 404*17.34 S 81'11'23. 8' E 404*63. 92 S O'42’35. 6' VIBethany Bend Bethany Bend Belhany Bend Belhany Bend Belhany BendPNTOFFSET/STATION/ALIGNMENT7. 59DE400I029.78 R 46. 58 29.76 RDE400I5DE400I6DE400I7DE400I8DE400I559.53 R 57.49 R 47.44 R 49. 43 R 59.53 R104*01. 62 103*72. 14 103*72. 14 104*01. 62 104*01. 62Hopewe11 Rd S Hopewe11 Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd SPARCEL 2 BRUCE SOKOLREO'D Dm. EASM'T. DE2000I658. 32PNTOFFSET/STATION/ALIGNMENTDE400I3 38. 00 R 404*65. 1047.76 N 80'24'23.7‘ Vi DE400I2 37.36 R 404*17.34REOD EASMT -- 373. 12 SFREOD EASMT * 0. 009 ACRESDE3000IDE30004DE30005DE30002DE3000I41.17 R 44.22 R 55.00 R 51.97 R 41. 17 R102*68. 00 103*23. 00 103*23. 00 102*68. 00 102*68. 00Hopewe11 Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd S Hopewell Rd SPARCEL 4 DONAL G. STEPANEKREO'D R/Vi DE40000PNTOFFSET/STATION/BEARINGALIGNMENTDISTPARCEL 4 DONAL G. STEPANEKREO'D Dm. EASM'T. DE40003PARCEL 3 PAMELA F. A. JACKSON TRACT I REO'D TEMP. EASM'T. DE30000DE40000 57.79 R 105*19.00ARC LENGTH ■ 63. 75CHORD BEAR ■ N I O'04'13. 7’ ViLNTH CHORD • 63. 75RADIUS ■ 1483.22 DEGREE * 3'51'46. 5'64 20. 58 R108. 19DE40003 29. 43 R15. 93DE40002 36. 00 R48. 37DE4000I 54. 00 R43. 89DE40000 57. 79 RREOD R/W ■ 2730. 04 SFREOD RAV ■ 0. 063 ACRES REMAINDER « */- I. 155 ACRESHopewell Rd SPNTOFFSET/STATION/ALIGNMENTPNTOFFSET/ALIGNMENTSTATION/BEARINGDISTDE40009DE40004DE40OI0DE400IIDE4000962. 02 29. 79 29. 7861. 4262. 02R403*63. 00 403*63. 00 404*17. 34 404*17. 34 403*63. 00Belhany Bend Bethany Bend Belhany Bend Belhany Bend Belhany BendR7 37. 19 L103*03. 19 S 89'48'03. 6’ IV 103*03. 49 n ir i4'5i. r Vi 103*59. 00N 4'34'21. 9" Vi 104*21. 94 S 84'40'0I.5' E 104*18. 00Hopewell Rd S Hopewell Rd S Hopewe11 Rd S Hopewell Rd S Hopewell Rd SR4. 81402*09. 38 S aril'll. 6' E 403*20. 00 S 72‘29'04. 5' IV 403*05. 00 S 73'14'27. I' Vi 402*58. 00 S 51'17'39. I' IV 105*19. 00Belhany Bend Belhany Bend Belhany Bend Bethany Bend Hopewell Rd SRDEI0108 42. 00 L53. 98DE20000 48. 00 L60. 82DE2000I 45. 00 L15. 84DE20002 29. 63 LARC LENGTH * 112.20 CHORD BEAR ■ S 2'15'30. 5' E LNTH CHORD - 112. 17 RADIUS ’ 1403.98DEGREE - 4'04'5!.4’7 37. 19 L 103*03. 19REOD EASMT - 1428.73 SFREOD EASMT ■ 0. 033 ACRESRHopewell Rd SDATECITY OF MILTON PUBLIC WORKS DEPARTMENTREVISIONSPOfD8/3I/Z0PARCEL h DIVIDED EASEUENT INTO 2 TABLES DEI000 TEUPORARY EASEUENTRIGHT OF WAY MAPAND DEI0I2S FENCE EASEMENTArchitect* • Engineers • PlannersPROJECT NO: MILOOI COUNTY: FULTON LAND LOT NO:LAND DISTRICT: 10 GMD: 823 DATE-.07/15/19PARCEL 2: INCREASED DR I VPN AY EASEUENT TABLE DE2000I AND REUOVEDHOME or MMI BfVIT OI.Al 11V Ol HIT IN Of OPCJIA*M I [ TONJVTEUPORARY EASEUENT TABLE DEE0000DRAWING No.PARCEL 4: REVISED TEUPORARY EASEUENT TABLE DEmOl AND DE4000260-0009fcS TADLIS! IED 2006ADDED DRIV&AY EASEUENT TABLE DE400I5