HomeMy WebLinkAboutAgenda Packet - CC - 07/19/20212006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, July 19, 2021 Regular Council Meeting 6:00 PM
INVOCATION – Rabbi Bernstein, Chaplain – City of Milton Fire
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)(Agenda Item No. 21-206)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 19, 2021
Page 2 of 4
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678.242.2500.
6) CONSENT AGENDA
1.Approval of the June 7, 2021 City Council Meeting Minutes.
(Agenda Item No. 21-207)
(Tammy Lowit, City Clerk)
2.Approval of the June 21, 2021 City Council Meeting Minutes.
(Agenda Item No. 21-208)
(Tammy Lowit, City Clerk)
3.Approval of the Financial Statements & Investment Report for Period 8 –
May 2021.
(Agenda Item No. 21-209)
(Bernadette Harvill, Asst. City Manager)
4.Approval of Amendment #1 to the Services Agreement between the City
of Milton and Meritage Systems, Inc. to Revise the Terms and Conditions.
(Agenda Item No. 21-210)
(Stacey Inglis, Deputy City Manager)
5.Approval of a Professional Services Agreement between the City of Milton
and MCCi, LLC for Scanning Services.
(Agenda Item No. 21-211)
(Stacey Inglis, Deputy City Manager)
6.Approval of Subdivision Plats and Revisions.
(Agenda Item No. 21-212)
(Robert Buscemi, Community Development Director)
7) REPORTS AND PRESENTATIONS
8) FIRST PRESENTATION
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1.Manor Estates
3320-3370 Longstreet Road
LL 253 & 324 Dist. 2 Sect. 2
Minor Plat
Create six (6) lots from
three existing parcels. Lot
sizes range from 3.05 - 3.70
acres.
19.52
Acres
0.31 Lots /
Acre
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 19, 2021
Page 3 of 4
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9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
1. Consideration of U21-01/VC21-03 - 2105 Bethany Way (containing
multiple parcels) for a total of 18.07 acres by The PFAJ Revocable Trust
dated 2/17/2019 to request a Use Permit for “Agricultural Related
Activities”, Sec. 64-1797 and a two-part concurrent variance:
1) To allow the existing parking areas, wood pavilion, horse arenas,
and driveways within the 100-foot activity setback (Sec. 64-1797(d))
2) To allow the structures housing animals to be located within 100
feet of a property line (Sec. 64-1797(e))
(Agenda Item No. 21-160)
(First Presentation at May 24, 2021 City Council Meeting)
(Deferred at June 7, 2021 City Council Meeting)
(Robert Buscemi, Community Development Director)
2. Consideration of U21-02 – 2105 Bethany Way (containing multiple parcels)
for a Total of 18.07 Acres by The PFAJ Revocable Trust Dated 2/17/2019 to
Request a Use Permit for Rural Event Facility, Sec. 64-1842.
(Agenda Item No. 21-161)
(First Presentation at May 24, 2021 City Council Meeting)
(Deferred at June 7, 2021 City Council Meeting)
(Robert Buscemi, Community Development Director)
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance of the City Council to Authorize Fulton
County to Conduct the 2021 Election.
(Agenda Item No. 21-200)
(First Presentation at July 7, 2021 City Council Meeting)
(Ken Jarrard, City Attorney)
12) NEW BUSINESS
1. Consideration of a Resolution Reappointing Members to the City of Milton
Greenspace Advisory Committee.
(Agenda Item No. 21-213)
(Robert Buscemi, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 19, 2021
Page 4 of 4
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2. Consideration of an Agreement between the City of Milton and Southern
Conservation Trust, Inc. for a Land Management Implementation Plan for
the Former Milton Country Club.
(Agenda Item No. 21-214)
(Robert Buscemi, Community Development Director)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT (Agenda Item No. 21-215)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of the Financial Statements & Investment Report for
Period 8 – May 2021.
MEETING DATE: Monday, July 19, 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: __________
July 19, 2021
X
X
X
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Assistant City Manager
Date: Submitted on July 12, 2021 for the July 19, 2021 Regular
Council Meeting
Agenda Item: Financial Statements & Investment Report for Period 8 – May 2021
Overview and Financial Highlights:
The May financial statements include internal budget amendments as approved by the
City Manager as well as those budget amendments authorized by Council at the May
10, 2021 regularly scheduled council meeting.
General Fund
Revenue collections for the General Fund are 2.42% over what is anticipated for
the eighth period of the fiscal year.
Total expenditures to-date are $20,177,859 and are 7.19% less than expected for
this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project basis.
With a total project expenditure budget of $24,840,242, capital expenditures-to-
date total $4,324,343.
Please note that the financial statements for capital related funds include
current encumbrances. This will provide a clear picture of future commitments of
resources prior to an actual payment being made.
1 of 14
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending May 2021
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 12,814,184 58,747 74,411 (15,664) 12,709,101 12,538,952 170,148
Motor Vehicle Tax 1,401,799 133,541 121,400 12,141 953,675 819,799 133,876
Intangible Tax 891,000 92,161 74,250 17,911 566,529 519,750 46,779
Real Estate Transfer Tax 200,000 28,190 16,667 11,523 152,497 116,667 35,830
Franchise Fees 2,363,124 108,716 - 108,716 1,335,489 1,443,212 (107,723)
Local Option Sales Tax 9,483,931 866,416 790,328 76,088 5,628,204 5,532,293 95,911
Alcohol Beverage Excise Tax 300,000 35,504 24,900 10,604 210,314 174,300 36,014
Fireworks Excise Tax 250 - - - - - -
Business & Occupation Tax 800,000 9,589 - 9,589 767,847 800,000 (32,153)
Insurance Premium Tax 2,600,000 - - - - - -
Financial Institution Tax 50,000 - - - 49,724 50,000 (276)
Penalties & Interest 36,900 2,977 6,192 (3,215) 37,412 25,833 11,579
Alcohol Beverage Licenses 175,000 4,425 1,750 2,675 176,529 171,500 5,029
Other Non-Business Permits/Licenses 40,000 853 3,332 (2,479) 29,307 26,460 2,848
Zoning & Land Disturbance Permits 72,500 14,800 6,040 8,760 65,125 48,320 16,805
Building Permits 670,000 36,006 29,167 6,839 271,611 233,333 38,278
Intergovernmental Revenue 7,500 749 - 749 1,871 - 1,871
Other Charges for Service 499,210 79,258 55,918 23,340 465,199 374,115 91,084
Municipal Court Fines 400,000 39,902 33,320 6,582 301,762 266,560 35,202
Interest Earnings 20,200 733 1,683 (950) 10,860 11,800 (940)
Contributions & Donations 1,887 1,850 - 1,850 3,737 1,887 1,850
Other Revenue 182,658 8,780 12,108 (3,328) 141,819 135,619 6,199
Other Financing Sources 1,666,649 15,051 - 15,051 1,679,463 1,662,899 16,564
Total Revenues 34,676,792 1,538,248 1,251,465 286,783 25,558,074 24,953,299 604,775
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 161,081 8,338 9,595 (1,257) 82,269 106,880 (24,611)
City Clerk 296,633 16,348 12,489 3,860 186,175 193,529 (7,354)
City Manager 743,989 44,591 48,590 (3,999) 408,732 424,997 (16,266)
General Administration 45,557 4,360 2,983 1,377 34,713 32,804 1,910
Finance 644,353 34,979 39,817 (4,838) 426,724 464,521 (37,797)
Legal 335,000 15,263 27,906 (12,643) 165,619 223,244 (57,625)
Information Technology 1,403,409 97,787 93,589 4,198 812,889 871,669 (58,780)
Human Resources 384,640 23,827 22,984 843 240,487 264,498 (24,011)
Risk Management 265,345 - 30,230 (30,230) 140,844 172,654 (31,810)
General Government Buildings 325,126 16,233 19,704 (3,472) 197,775 221,898 (24,123)
Communications 265,918 17,118 18,870 (1,753) 159,140 180,446 (21,305)
Community Outreach & Engagement 186,569 12,036 12,304 (268) 109,428 124,985 (15,557)
Municipal Court 355,108 31,688 29,759 1,929 215,595 220,853 (5,258)
Police 5,214,440 339,846 377,080 (37,234) 3,296,745 3,508,654 (211,909)
Fire 7,427,449 514,882 546,938 (32,056) 4,639,634 4,894,855 (255,222)
Public Works 2,790,337 181,165 220,396 (39,232) 1,449,955 1,683,752 (233,797)
Parks & Recreation (Active)1,308,786 87,701 102,691 (14,990) 587,320 807,335 (220,015)
Passive Parks/Greenspace 288,603 1,891 13,872 (11,982) 24,794 114,748 (89,954)
Community Development 1,829,987 100,323 145,133 (44,810) 992,302 1,191,806 (199,504)
Economic Development 156,247 9,870 10,258 (388) 79,998 110,518 (30,520)
Debt Service - - - - - - -
Operating Transfers to Other Funds 14,287,082 2,090,090 2,090,090 - 5,926,721 5,926,721 -
Operating Reserve 236,217 - - - - - -
Total expenditures 38,951,876 3,648,334 3,875,279 (226,946)20,177,859 21,741,366 (1,563,507)
Net Income/(Loss)(4,275,084)(2,110,086)5,380,216
Fund Balance - Beginning 13,114,251 13,114,251
Fund Balance - Ending 8,839,167 18,494,467
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Crabapple Fest Vendor Fee 1,000$ 1,000$ 820$ 820$ (180)$
Interest Revenues - - 1 4 4
Crabapple Fest Sponsor 7,500 - - - -
Gas South Partnership - - 35 282 282
Total revenues 8,500$ -$ 1,000$ 856$ 1,106$ 106$
EXPENDITURES
Current:
Special Events 101,178$ 88,793$ 652$ 16,636$ 72,157$
Total Expenditures 101,178$ 88,793$ 652$ 16,636$ 72,157$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 24,000 20,000 2,445$ 13,309 (6,691)
Total other financing sources and uses 24,000$ -$ 20,000$ 2,445$ 13,309$ (6,691)$
Net change in fund balances (68,678)$ (67,793)$ (2,221)$
Fund balance - beginning 67,794 67,794 67,794
Fund balance - ending (884)$ (1)1$ 65,573$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
(1) COVID-19 continues to impact hotel/motel tax related revenues. FY 2020 revenues came in lower than anticipated and have been be offset by adjustments to
expenditures in FY 2021 related to canceled events.
3 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$ -$
Cash Confiscations/Fed Funds - - - - -
Interest Revenues/State Funds - - 0 0 0
Interest Revenues/Federal Funds - - 1 7 7
Total revenues -$ -$ 1$ 7$ 7$
EXPENDITURES
Current:
Police -$ 3,033$ 3,033$ 10,935$ (7,902)$
Total Expenditures -$ 3,033$ 3,033$ 10,935$ (7,902)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances -$ (3,033)$ (10,928)$
Fund balance - beginning 99,238 99,238 99,238
Fund balance - ending 99,238$ 96,205$ 88,310$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
4 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
E-911 Fees 1,000,000$ 1,155,000$ 85,815$ 655,288$ (499,712)$
Total revenues 1,000,000$ 1,155,000$ 85,815$ 655,288$ (499,712)$
EXPENDITURES
Current:
Public Safety 1,000,000$ 1,155,000$ 85,815$ 655,288$ 499,712$
Total Expenditures 1,000,000$ 1,155,000$ 85,815$ 655,288$ 499,712$
Net change in fund balances -$ -$ -$
Fund balance - beginning - - -
Fund balance - ending -$ -$ -$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
5 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
CARES Act -$ 1,651,603$ -$ 1,651,603$ -$
Interest Revenues - 46 - 46 -
Total revenues -$ 1,651,649$ -$ 1,651,649$ -$
EXPENDITURES
Current:
General Administration -$ -$ -$ -$ -
Total Expenditures -$ -$ -$ -$ -$
Excess of revenues over expenditures -$ 1,651,649$ -$ 1,651,649$ -$
OTHER FINANCING SOURCES (USES)
Transfers Out to General Fund -$ (1,651,649)$ -$ (1,651,649)$ -$
Budgeted Fund Balance - - - - -
Total other financing sources and uses -$ (1,651,649)$ -$ (1,651,649)$ -$
Net change in fund balances -$ - -$
Fund balances - beginning - - -
Fund balances - ending -$ -$ -$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
6 of 14
Original
Budgeted
Amounts
Final
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 24,000$ 20,000$ 2,445$ 13,309$ (6,691)$
Total revenues 24,000$ 20,000$ 2,445$ 13,309$ (6,691)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 24,000$ 20,000$ 2,445$ 13,309$ (6,691)$
Total other financing sources and uses 24,000$ 20,000$ 2,445$ 13,309$ (6,691)$
Net change in fund balances -$ - -$
Fund balance - beginning - - -
Fund balance - ending -$ -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
7 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 110,000$ 110,000$ 19,289$ 72,336$ 72,336$ (37,664)$
Infrastructure Maint Penalty & Interest - - - 169 169 169
Mayfield Rd Stormwater Facility Assessment - 45,722 - 45,722 45,722 -
Tree Recompense - - - - - -
Landfill Use Fees 45,000 45,000 - 24,421 24,421 (20,579)
Interest Revenue - - 67 350 350 350
Other Misc Revenue - 45,528 - 45,528 45,528 -
Insurance Proceeds/Public Safety - 25,662 - 25,662 25,662 -
Total revenues 155,000$ 271,912$ 19,356$ 214,188$ 214,188$ (57,724)$
EXPENDITURES
Capital Outlay
General Admin 13,762$ 27,413$ 27,413$ 27,413$ 27,413$ -$
Finance 61,665 61,665 - - - 61,665
Information Services 68,914 68,914 - - - 68,914
General Govt Bldg 92,000 92,000 - 169 169 91,831
Police 404,849 430,511 - 181,155 354,191 76,320
Fire 1,238,489 2,655,561 - 340,217 468,757 2,186,804
Public Works 9,115,109 10,435,109 40,448 3,599,223 6,101,345 4,333,764
Parks & Recreation (Active)3,531,503 7,531,503 - 16,320 141,058 7,390,445
Passive Parks/Greenspace 1,680,222 2,725,943 - 276 29,026 2,696,918
Community Development 747,622 811,622 - 159,572 391,980 419,643
Total Capital Outlay 16,954,136$ 24,840,242$ 67,861$ 4,324,343$ 7,513,938$ 17,326,305$
Excess of revenues over expenditures (16,799,136)$ (24,568,330)$ (48,505)$ (4,110,155)$ (7,299,750)$ (17,384,028)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 4,927,056$ 12,637,056$ 1,952,588$ 4,826,704$ 4,826,704$ (7,810,352)$
Transfer out to TSPLOST Fund - (45,528) (45,528) (45,528) (45,528) -
Contingencies (148,021) (48,132) - - - 48,132
Total other financing sources and uses 4,779,035$ 12,543,396$ 1,907,060$ 4,781,176$ 4,781,176$ (7,762,220)$
Net change in fund balances (12,020,101)$ (12,024,935) 671,021$ (2,518,574)$
Fund balance - beginning 12,039,016 12,039,016 12,039,016 12,039,016
Fund balance - ending 18,916$ 14,082$ 12,710,037$ 9,520,443$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
8 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 1,531,461$ 1,610,170$ 3,839$ 1,599,182$ 1,599,182$ (10,988)$
Real Property Tax-Prior Year 500 6,700 356 6,954 6,954 254
Public Utility Tax-Current Year 11,808 11,349 3,060 11,320 11,320 (29)
Personal Property Tax-Current Year 23,268 23,268 10 21,537 21,537 (1,731)
Personal Property Tax-Prior Year - 500 17 408 408 (92)
Motor Vehicle Tax 4,200 5,292 434 3,179 3,179 (2,113)
Penalties & Interest - Real Property 1,500 1,500 147 2,932 2,932 1,432
Penalties & Interest - Personal Property - - 2 119 119 119
Interest Revenue (Regions)9,000 500 41 291 291 (209)
Interest Revenue (SunTrust)- - 2 43 43 43
Total revenues 1,581,737$ 1,659,279$ 7,908$ 1,645,965$ 1,645,965$ (13,314)$
EXPENDITURES
Capital Outlay
Passive Parks/Greenspace 5,030,175$ 5,017,854$ -$ 2,337$ 49,598$ 4,968,256$
Fiscal Agent's Fees 1,306 1,306 1,306 1,306 1,306 -
Bond Principal 895,000 895,000 - 895,000 895,000 -
Bond Interest 816,125 816,125 - 816,125 816,125 -
Total Capital Outlay 6,742,607$ 6,730,286$ 1,306$ 1,714,768$ 1,762,029$ 5,015,518$
Excess of revenues over expenditures (5,160,870)$ (5,071,007)$ 6,602$ (68,803)$ (116,064)$ 5,002,204$
Net change in fund balances (5,160,870)$ (5,071,007) (68,803)$ (116,064)$
Fund balance - beginning 5,247,816 5,247,816 5,247,816 5,247,816
Fund balance - ending 86,946$ 176,809$ 5,179,013$ 5,131,751$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
9 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,000,000$ 6,868,450$ 611,698$ 4,193,419$ 4,193,419$ (2,675,031)
Interest Revenues - - 45 259 259 259
Realized Gain or Loss (GA Fund 1)72,000 10,200 449 5,787 5,787 (4,413)
Total revenues 6,072,000$ 6,878,650$ 612,192$ 4,199,465$ 4,199,465$ (2,679,185)$
EXPENDITURES
Capital Outlay
Public Works 22,996,046$ 25,311,574$ 556,478$ 2,291,277$ 6,091,861$ 19,219,712
Total Capital Outlay 22,996,046$ 25,311,574$ 556,478$ 2,291,277$ 6,091,861$ 19,219,712$
Excess of revenues over expenditures (16,924,046)$ (18,432,924)$ 55,714$ 1,908,187$ (1,892,397)$ 16,540,527$
OTHER FINANCING SOURCES (USES)
Transfers in from Capital Projects Fund -$ 45,528$ 45,528$ 45,528$ 45,528$ -$
Transfers in from Capital Grant Fund - 655,000 655,000 655,000 655,000 -
Total other financing sources and uses -$ 700,528$ 700,528$ 700,528$ 700,528$ -$
Net change in fund balances (16,924,046)$ (17,732,396)$ 2,608,716$ (1,191,869)$
Fund balance - beginning 17,777,064 17,777,064 17,777,064 17,777,064
Fund balance - ending 853,018$ 44,668$ 20,385,780$ 16,585,195$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
10 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Assistance to Firefighters Grant 81,573$ 81,573$ -$ 82,397$ 82,397$ 824$
Recreation Trail Program 192,228 192,228 - 2,228 2,228 (190,000)
Land & Water Conservation Grant 200,000 200,000 - 11,975 11,975 (188,025)
LMIG Funds 440,000 392,419 - 392,419 392,419 -
Smart Communities 44,078 44,078 - 44,078 44,078 -
Trail Connection to Big Creek Greenway 392,800 392,800 - 32,091 32,091 (360,709)
Interest Revenues - - 2 40 40 40
Total revenues 1,350,679$ 1,303,098$ 2$ 565,228$ 565,228$ (737,870)$
EXPENDITURES
Fire 90,637$ 90,637$ -$ 90,637$ 90,637$ -$
Public Works 1,647,796 945,215 - 552,796 936,215 9,000
Parks & Recreation 586,188 586,188 104 60,553 817,502 (231,314)
Community Development 1,032 1,032 - 180 1,055 (23)
Total Capital Outlay 2,325,653$ 1,623,072$ 104$ 704,166$ 1,845,410$ (222,338)$
Excess of revenues over expenditures (974,974)$ (319,974) (102)$ (138,938)$ (1,280,182)$ (960,208)$
OTHER FINANCING SOURCES (USES)
Transfer Out toTSPLOST Fund -$ (655,000)$ (655,000)$ (655,000)$ (655,000)$ -$
Budgeted Fund Balance - - - - - -
Total other financing sources and uses -$ (655,000)$ (655,000)$ (655,000)$ (655,000)$ -$
Net change in fund balances (974,974)$ (974,974)$ (793,938)$ (1,935,182)$
Fund balance - beginning 975,930 975,930 975,930 975,930
Fund balance - ending 955$ 955$ 181,992$ (959,252)$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
11 of 14
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 30,000$ 30,000$ 2,486$ 20,223$ 20,223$ (9,777)$
Law Enforcement Fund 13,000 13,000 1,043 9,002 9,002 (3,998)
Fire Fund 72,500 72,500 5,979 51,580 51,580 (20,920)
Road Fund 110,000 110,000 7,462 91,449 91,449 (18,551)
Park Fund 650,000 650,000 68,366 522,068 522,068 (127,932)
Interest Revenues/Admin Fund - - 1 5 5 5
Interest Revenues/Law Enforcement Fund - - 0 2 2 2
Interest Revenues/Fire Fund - - 2 13 13 13
Interest Revenues/Road Fund - - 2 22 22 22
Interest Revenues/Park Fund - - 21 135 135 135
Total revenues 875,500$ 875,500$ 85,363$ 694,499$ 694,499$ (181,001)$
EXPENDITURES
General Government Buildings 13,000$ 13,597$ -$ -$ -$ 13,597$
Fire 381,632 386,856 - - - 386,856
Public Works 110,000 117,518 - - - 117,518
Parks & Recreation (Active)2,420,255 2,486,524 - - - 2,486,524
Community Development 76,878 79,122 - - 35,998 43,124
Total Capital Outlay 3,001,766$ 3,083,617$ -$ -$ 35,998$ 3,047,619$
Excess of revenues over expenditures (2,126,266)$ (2,208,117) 85,363$ 694,499$ 658,501$ 2,866,618$
Net change in fund balances (2,126,266)$ (2,208,117) 694,499$ 658,501$
Fund balance - beginning 2,208,117 2,208,117 2,208,117 2,208,117
Fund balance - ending 81,851$ -$ 2,902,616$ 2,866,618$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
12 of 14
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Interest Revenues (Regions)-$ 38$ 305$ 305$ 305$
Total revenues -$ 38$ 305$ 305$ 305$
EXPENDITURES
Capital Outlay
General Government Buildings 130,360$ -$ 102,392$ 129,994$ 366$
Fire 3,745,300 - 156,868 337,180 3,408,120
Fiscal Agent's Fees 1,807 - 1,806 1,806 1
Bond Principal 770,000 - 770,000 770,000 -
Bond Interest 878,219 - 448,734 448,734 429,485
Total Capital Outlay 5,525,687$ -$ 1,479,800$ 1,687,715$ 3,837,971$
Excess of revenues over expenditures (5,525,687)$ 38$ (1,479,495)$ (1,687,411)$ 3,838,276$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 1,650,026$ 137,502$ 1,100,017$ 1,100,017$ (550,009)$
Total other financing sources and uses 1,650,026$ 137,502$ 1,100,017$ 1,100,017$ (550,009)$
Net change in fund balances (3,875,661)$ (379,478)$ (587,393)$
Fund balance - beginning 3,984,697 3,984,697 3,984,697
Fund balance - ending 109,036$ 3,605,219$ 3,397,304$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2021
13 of 14
Amount Percent Yield
Money Market - Quantum Bank 3,694,238 10%0.04%
GA Fund 1 18,137,466 49%0.04%
GA Fund 1 (TSPLOST)14,865,452 41%0.04%
Grand Total Investment Portfolio 36,697,155 100%
Current
Month YTD
Current
Month YTD
Interest earned 727 10,709 449 5,787
Budgeted interest 1,667 13,333 850 6,800
Variance over/(under)(940) (2,624) (401) (1,013)
General Fund TSPLOST Fund
City of Milton
Investment Portfolio
Month Ending May 31, 2021
14 of 14
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of Amendment #1 to the Services Agreement
between the City of Milton and Meritage Systems, Inc. to
Revise the Terms and Conditions.
MEETING DATE: Monday, July 19, 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
July 19, 2021
X
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Deputy City Manager
Date: Submitted July 9, 2021 for the July 19, 2021 Regular City
Council Meeting
Agenda Item: Approval of Amendment #1 to the Services Agreement
between the City of Milton and Meritage Systems, Inc. to
Revise the Terms and Conditions.
_____________________________________________________________________________________
Project Description:
Meritage Systems, Inc., a subsidiary of SAFEbuilt, LLC., provides the permitting software
for the City’s Community Development department. The initial agreement for the
software had payment terms that were tied to the City’s professional services
agreement with SAFEbuilt for building inspection services. As long as the City utilized
SAFEbuilt for these services, the permitting software was offered at no cost.
After a cost-benefit study was performed, the City made the decision to bring the
building inspection services in-house, which led to the termination of the contract with
SAFEbuilt in May 2021. This has triggered an amendment to the agreement with
Meritage to revise the payment terms. Going forward, the City will be charged $1,100
per month for the use of the software.
Please note, we are in the process of implementing a new permitting software that will
replace the one provided by Meritage. We are anticipating a go-live date in early Fall
2021.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 100-7410-523850101
Requisition Total: $ 4,400.00 (for remainder of FY21)
Vendor DBA: Meritage Systems, Inc.
Financial Review: Bernadette Harvill, July 9, 2021
Legal Review: Jeff Strickland, Jarrard & Davis LLP, 7/6/21
Concurrent Review: Steven Krokoff, City Manager
Attachment: Amendment #1 to the Services Agreement
AGREEMENT AMENDMENT Page 1 of 1
AMENDMENT ONE
SERVICES AGREEMENT
BETWEEN CITY OF MILTON, GEORGIA
AND MERITAGE SYSTEMS, INC.
This Amendment is entered into to amend the Services Agreement previously entered into on September 22, 2014, by
and between City of Milton, Georgia (“Customer”), and Meritage Systems, Inc., a wholly owned subsidiary of SAFEbuilt,
LLC, (“Meritage”). Customer and Meritage shall be jointly referred to as the “Parties”.
Amendment Effective Date: This Amendment shall be effective on the latest date fully executed by both Parties.
RECITALS AND REPRESENTATIONS
Parties entered into a Services Agreement (Agreement), by which both Parties established the terms and
conditions for service delivery on September 22, 2014; and
Parties hereto now desire to amend the Agreement as set forth herein; and
NOW, THEREFORE
Agreement is hereby amended as set forth below; and
1. Customer notified Meritage of their intent to terminate services with Meritage in accordance with Agreement,
Section 8. Term and Termination.
2. Agreement, Attachment A provides that Meritage will deliver services at no cost to Customer while under
separate contract with SAFEbuilt for building department services. Customer terminated building department
agreement effective May 31, 2021.
3. Meritage will deliver services at the following monthly rates and transfer all Customer data collected by
Meritage either directly to Customer or to Customer’s identified third-party partner.
a. June 01, 2021 through last date that Meritage provides services - $1,100 per month
b. Data Transfer - $1,000 per transfer plus reasonable expenses associated with the transfer of data
i. Expenses include travel, hardware expenses, software cost associated with efforts involved in
preparing and implementing the transfer of data
ii. Meritage requires a thirty (30) day notice prior to date of transfer
4. Meritage will invoice Customer monthly at the rates listed above, except that the final invoice may cover a
partial month. Payment is due thirty (30) days after invoice date.
All other provisions of the original Agreement shall remain in effect, to the extent not modified by Amendment.
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.
______________________________ ____________________
Thomas P. Wilkas, CFO Date
SAFEbuilt, LLC
______________________________ ____________________
Signature Date
City of Milton, Georgia
Avner Alkhas, CFO July 06, 2021
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and MCCi, LLC for Scanning Services.
MEETING DATE: Monday, July 19, 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
July 19, 2021
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Deputy City Manager
Date: Submitted on July 9, 2021 for the July 19, 2021 Regular City Council
Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and MCCi, LLC for Scanning Services.
_____________________________________________________________________________________
Project Description: Over the years, the City accumulated a significant number of
records that were occupying rented storage units, numerous filing cabinets, and a
sizable area of potential workspace on the 2nd floor of city hall. In February 2020, the
City entered into an agreement with MCCi, LLC for the scanning/digitizing of these records for $69,992.57. This figure was based on an estimated document count
calculated by the number of boxes that were on-hand at the time of the visit by the MCCi representative.
As MCCi worked their way through the scanning of these records, it was realized that
not only did the boxes hold far more documents than was estimated, the City also
shipped additional boxes after packing up several filing cabinets. The new professional services agreement being presented for approval is for this overage and shall not, in
any case, exceed $36,011.14.
We have processes in place to scan our documents going forward; however, scanning the backlog of archived records is a larger project than our staff has the capacity for.
MCCi, LLC is a leading provider of Laserfiche, which is the content services
management platform the City currently uses. We’ve worked with this firm for over four years for the implementation and support of Laserfiche. They offer scanning services
that will provide secure document preparation, scanning, indexing, and importing into our Laserfiche system. Their team also provides quality controls to ensure our documents
are complete and accurate.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 100-1130-521200000
Requisition Total: $36,011.14
Vendor DBA: MCCi, LLC
Financial Review: Bernadette Harvill, July 12, 2021
Legal Review: Ken Jarrard, Jarrard & Davis, LLP, 7/6/2021
Attachment(s): Professional Services Agreement with MCCi, LLC
1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and MCCi, LLC, a Florida limited liability
company, (herein after referred to as the "Consultant"), collectively referred to herein as the
"Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
2
Exhibit “A” – RESERVED
Exhibit “B” – Consultant Response/Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
B. Project Description. The “Project” at issue in this Agreement is generally
described as: provide services for scanning the City’s documents for the following departments:
Community Development, Public Works, and Fire (all documents through 8/20/20) into Laserfiche
(the City’s document management system).
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that time is of the essence of this Agreement and warrants and represents that it will perform the
Work in a prompt and timely manner, which shall not impose delays on the progress of the Work.
The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall
be completed, and the Agreement shall terminate, on or before six (6) months from the Notice to
Proceed (provided that certain obligations will survive termination/expiration of this Agreement).
If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as
required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the
part of City on September 30 each fiscal year of the Term , and further, that this Agreement shall
automatically renew on October 1 of each subsequent fiscal year absent City’s provision of written
notice of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal
year . Title to any supplies, materials, equipment, or other personal property shall remain in
Consultant until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. If the Parties cannot reach an agreement on the terms for
performing the changed work within a reasonable time to avoid delay or other unfavorable impacts
3
as determined by City in its sole discretion, City shall have the right to determine reasonable terms,
and Consultant shall proceed with the changed work.
C. Change Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices shall be submitted on
a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material
deviations in tests or inspections performed, or times or locations required to complete such tests
or inspections, and like deviations from the Work described in this Agreement shall be clearly
communicated to City before charges are incurred and shall be handled through Change Orders
as described in Section II above. City shall pay Consultant within thirty (30) days after approval
of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $36,011.14 (the “Maximum Contract Price”), except as outlined in Section II(C) above.
Consultant represents that this amount is sufficient to perform all of the Work set forth in Exhibit
“B”.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
Project, and reimbursement for costs incurred shall be limited as follows: There shall be no
separate reimbursement for costs.
4
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
5
E. Consultant’s Representative. _____________________ [INSERT NAME]
shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s
designated representative, provided that this designation shall not relieve either Party of any
written notice requirements set forth elsewhere in this Agreement.
F.Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G.Responsibility of Consultant and Indemnification of City. Consultant covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or
City on account of the performance or character of the Work rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed
officials, officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified
Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses,
costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful,
negligent or tortious act or omission arising out of the Work, performance of contracted services,
or operations by Consultant, any subcontractor, anyone directly or indirectly employed by
Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor
may be liable, regardless of whether or not the act or omission is caused in part by a party
indemnified hereunder; provided that this indemnity obligation shall only apply to the extent
Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful
conduct of the Consultant or other persons employed or utilized by the Consultant in the
performance of this Agreement. This indemnity obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth
in this provision shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Consultant or any subcontractor under
workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
H.Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
Mike Beaudreau
6
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
7
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Fidelity Insurance, Fidelity Bond, or similar surety bond or
insurance providing protection to the City of at least $100,000 and
covering dishonest acts of the Consultant’s employees or agents.
Proceeds of any Fidelity Insurance or Fidelity Bond shall be applied,
first, to satisfy Consultant’s indemnification obligations under this
Agreement.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Consultant is a sole proprietor, who
is otherwise not entitled to coverage under Georgia’s Workers’
Compensation Act, Consultant must secure Workers’ Compensation
coverage approved by both the State Board of Workers’
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers’
Compensation Act. Further, Consultant shall provide a certificate
of insurance indicating that such coverage has been secured and that
no individual has been excluded from coverage.)
(e) Commercial Umbrella Liability Coverage: $ ___N/A__________
(_____________) per occurrence shall be provided and will apply
over all liability policies, without exception, including but not
limited to Commercial General Liability, Commercial Automobile
Liability, Employers’ Liability, and Professional Liability.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Consultant; self-insured retentions
should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected
and appointed officials, officers, boards, commissioners,
employees, representatives, consultants, servants, agents and
8
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Consultant to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Consultant for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by
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this Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Consultant under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
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additional insureds.
(8) Claims-Made Policies: Consultant shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (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
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subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY]
____ 500 or more employees.
____ 100 or more employees.
____ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K.Records, Reports and Audits.
(1)Records:
X
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(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement (“Records”) shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City’s computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City’s
office. Further, Consultant shall permit City or City’s representative(s) to
observe and inspect any or all of Consultant’s facilities and activities during
normal hours of business for the purpose of evaluating Consultant’s
compliance with the terms of this Agreement. In such instances, City or
City’s representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
13
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
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O. Meetings. Consultant is required to meet with City’s personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed or belief, political affiliation, national origin, gender, age or disability. In
addition, Consultant agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this
Agreement.
S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28,
if the Agreement requires the Consultant to prepare, develop, or draft specifications or
requirements for a solicitation (including bids, requests for proposals, procurement orders, or
purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation
process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics
and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately
disclose to the City any material transaction or relationship, including, but not limited to, that of
15
the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that
reasonably could be expected to give rise to a conflict of interest, including, but not limited to,
past, present, or known prospective engagements, involvement in litigation or other dispute, client
relationships, or other business or financial interest, and shall immediately disclose any material
transaction or relationship subsequently discovered during the pendency of the Agreement; and
(c) the Consultant agrees and acknowledges that any violation or threatened violation of this
paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in
addition to all other legal remedies.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Britten Wilson shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that seven (7) day period, or otherwise remedy the breach or default to
the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
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D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
17
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
MCCi, LLC
1958A Commonwealth Ln
Tallahassee, FL 32303
G. Waiver of Agreement. No failure by City to enforce any right or power granted
18
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
19
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant’s
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
CONSULT A CCi,
Signature:
Print Name: Donald Barstow, President and CEO
Title:
Attest/Witness.
Mcmbcr/Managcr (LLC)
Signature:
Prlrit Na randon Waller
TItle: 5ales Ooerations Coordinator
(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
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[CITY SEAL]
EXHIBIT “A”
RESERVED. Consultant has been selected as “brand name” purchaser without formal solicitation
because it currently manages the Laserfiche software for the City and in that capacity is uniquely
positioned to integrate the scanned files into its current workload relating to the software.
EXHIBIT “B”
Scanning Order
Issued:
June 29, 2021
Valid for 30 Days
CITY OF MILTON
| Scanning Order Page 2 of 8
PROJECT SCOPE #1
Client will furnish MCCi with all hardcopy/electronic documents for its use in preparing the document imaging project
and that need to be converted.
GENERAL DESCRIPTION-LARGE FORMAT PART 2
DOCUMENT SIZE Large Format up to 42” wide
DEPARTMENT Building, Community Development
DOCUMENT TYPES Various
DOCUMENT/ROLL/FICHE
COUNT
105
IMAGE COUNT 5262
IMAGES PER
DOCUMENT/ROLL/FICHE
50
DOCUMENT PREPARATION
CURRENT STORAGE
METHOD
Boxes
CONDITIONS OF
DOCUMENTS
Good
IMAGE PROCESSING & INDEXING
DPI & COLOR 300 DPI, Black & White
NUMBER OF INDEX
FIELDS
Up to 3 Fields (Document name counts as an index)
DOCUMENT NAMING
CONVENTION
Already done
FIELDS TO BE INDEXED Same as current job
OPTICAL CHARACTER
RECOGNITION
Included where applicable
IMAGE OUTPUT
DELIVERY METHOD Secure FTP Transfer
OUTPUT TYPE Laserfiche Briefcase
MATERIAL HANDLING
SHIPPING LOGISTICS MCCi Pickup
SHIPPING & DELIVERY
TERMS
Up to 1 shipment (if job is broken up, volume pricing must be also)
| Scanning Order Page 3 of 8
PROJECT SCOPE #2
Client will furnish MCCi with all hardcopy/electronic documents for its use in preparing the document imaging project
and that need to be converted.
GENERAL DESCRIPTION-REGULAR FORMAT PART 2
DOCUMENT SIZE Regular up to 11 x 17
DEPARTMENT Building, Community Development
DOCUMENT TYPES Various
DOCUMENT/ROLL/FICHE
COUNT
5706
IMAGE COUNT 285,278
IMAGES PER
DOCUMENT/ROLL/FICHE
50
DOCUMENT PREPARATION
CURRENT STORAGE
METHOD
Boxes
CONDITIONS OF
DOCUMENTS
Good
IMAGE PROCESSING & INDEXING
DPI & COLOR 300 DPI, Black & White
NUMBER OF INDEX
FIELDS
Up to 3 Fields (Document name counts as an index)
DOCUMENT NAMING
CONVENTION
Already done
FIELDS TO BE INDEXED Same as current job
OPTICAL CHARACTER
RECOGNITION
Included where applicable
IMAGE OUTPUT
DELIVERY METHOD Secure FTP Transfer
OUTPUT TYPE Laserfiche Briefcase
MATERIAL HANDLING
SHIPPING LOGISTICS MCCi Pickup
SHIPPING & DELIVERY
TERMS
Up to 1 shipment (if job is broken up, volume pricing must be also)
SPECIAL NOTES
Any corrections such as rescans or indexing changes must be brought to MCCi’s attention within 90 days of the date
that MCCi delivers the data to the Client. Corrections will not be made after 90 days.
| Scanning Order Page 4 of 8
PRICING
Project I – Conversion of Documents estimated cost $4,630.56
Excess Images @ $.88
Project 2 – Conversion of Documents estimated cost $ 31,380.58
Excess Images @ $0.11
Total Project $36,011.14
ALL QUOTES EXPIRE IN 30 DAYS
PAYMENT & BILLING TERMS
MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment
is due upon receipt of an invoice.
| Scanning Order Page 5 of 8
SCANNING ASSUMPTIONS
ERROR RATE
MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi
cannot be accountable for records not reflected in original inventory report provided by Client. MCCi will correct only
those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to
Client.
DOCUMENT STORAGE
MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the
return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a
period longer than 90 days after converted electronic data is delivered to Client, storage charges of $2.50 per cubic
foot per month will apply.
DATA STORAGE
MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on
a recurring basis, utilize MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data
from previous projects. The timing of the periodic review and deletion of data is at MCCi’s discretion. MCCi recognizes
that for records retention and security compliance, Client may require MCCi to delete copies of its data prior to MCCi’s
process of deleting data; if so, Client is responsible for making the request in writing and for obtaining confi rmation
of data deletion.
ENTERPRISE WIDE SCANNING SERVICES
MCCi can provide any department in the organization with scanning services for documents other than those
described in this pricing proposal. All costs are volume based and can be provided upon r equest. MCCi will consult
with each department interested in beginning their own project to determine individual scanning and indexing needs.
MICROFILM & FICHE CONVERSION SERVICES.
MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. Client will provide MCCi with
data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them
to Laserfiche or to another industry standard format as requested by Client. The images will be captured based upon
the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not
responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non -
legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope,
MCCi will index by the roll/card number or unique identifier.
LASERFICHE SEARCH ENGINE MEDIA
If included in the Scope of Services, MCCi will integrate the documents with the Laserfiche Software to provide Client
with the most powerful index retrieval search engine available with the following features: intuitive browse window,
index cards, and full text word search. MCCi will provide Client with the appropriate media containing all documents
scanned and integrated with Laserfiche.
ONLINE DOCUMENT HOSTING
MCCi will post the documents to the web for a minimal annual fee . MCCi provides Client with a direct link which can
then be linked to Client’s website for public access if desired. Document storage cost is determined upon actual image
count. All documents on the site are integrated with a search engine, and updates are incorporated as the database
is amended. This recurring web posting service will automatically renew and be billed unless Client has terminated
the Agreement or provided sixty (60) days written notice prior to the scheduled renewal date of the recurring Se rvices.
No refunds are available in the event of cancelling prior to the expiration of a renewal term.
| Scanning Order Page 6 of 8
PROJECT TIMELINE
MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with Client.
Should MCCi require additional time, Client will be notified immediately.
DOCUMENT TRANSPORTATION
Client is required to package all materials per MCCi’s instruction prior to delivery of materials to MCCi facilities. If
Client chooses to utilize MCCi’s pickup and delivery service (offered in select states), pricing is based on picking up the
entire project described in the scope of services in one shipment. At the time of updating or if additional trips are
required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client
chooses to ship via a certified carrier, Client incurs all shipping costs.
PRICING
Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having
the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the
volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large
volume job pricing.
UNANTICIPATED DOCUMENT TYPES & SIZES
The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning
bureau use and that documents are consistent with the description provided in the scope of services. If documents
are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the
project.
LASERFICHE SYSTEM CLIENTS
Due to requirements by Laserfiche systems regarding the importing of images and indexing information, i t is highly
recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche
software. This will ensure that all associated indexing information will be properly retained after the importing of
images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and
compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a
Preferred/Best Value provider for scanning servic es. Additionally, Laserfiche System Clients are required to supply
MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates
to existing projects.
MCCi CERTIFIED PARTNERS
MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In
the event partners are used for a project, the management and support of the project is handled directly by MCCi. .
Physical documents will never leave the United States, but our partners may utilize offshore resources to handle
document indexing, quality control, and other processes.
SERVICES PROVIDED
The services provided in this order will be in full force and effect for a period of 90 days from the date of shipment of
the completed product to the organization.
INDEMNIFICATION AND LIMITATION OF LIABILITY
(a) Mutual Indemnification.
Each Party shall indemnify, defend and hold the other harmless against any loss, damage or costs (including
reasonable attorneys' fees) in connection with third Party claims, demands, suits, or proceedings ("Claims"):
▪ For bodily injury or personal property damage arising out of the indemnifying Party’s performance within the
scope of its responsibilities under this Agreement.
▪ A breach of such Party’s obligations with respect to confidentiality
▪ A breach by such Party of laws.
▪ Caused by negligent acts, omissions or willful misconduct
| Scanning Order Page 7 of 8
(b) MCCi Indemnification.
MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client by a third Party
alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in
accordance with this Agreement and relevant documentation, infringes any third Party’s intellectual property rights.
Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement:
(x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a Party
other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided
by MCCi. If Client is enjoined from using the Deliverable or MCCi reasonably believes it will be enjoined, MCCi shall
have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify
the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi,
then this Agreement may be terminated at either Party’s option and MCCi’s sole liability shall subject to the limitation
of liability provided in this Section.
(c) Client Indemnification.
If the Services require MCCi to access or use any third Party products provided or used by Client, Client warrants that
it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third Party
products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to
indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages,
liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees) to the extent arising
from MCCi’s access to or use of such third Party products.
(d) Indemnification Procedure.
Each indemnified Party shall give the indemnifying Party (a) prompt written notice of the Claim; (b) sole control of the
defense and settlement of the Claim (provided that the indemnifying Party may not settle any Claim unless it
unconditionally releases the indemnified Party of all liability); and (c) at indemnifying Party's cost, all reasonable
assistance.
(e) Limitation of Liability.
In no event shall either Party be liable for special, exemplary, incidental, or consequential damages (including, without
limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such
damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and
whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or
otherwise. Except for a Party’s indemnification obligations, each Party's maximum aggregate liability for all claims,
losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or
Client’s use of any such Services or Deliverables, and whe ther based upon contract, warranty, strict liability, tort
(including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCCi
by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Party's entire liability
and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 11. The
limitations on warranty and liability specified in Sections 10 and 11 hereof will survive and ap ply even if any limited
remedy herein is found to have failed of its essential purpose.
The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential
basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations.
USE OF BASECAMP
Through the course of this project, MCCi may choose to utilize the third-party service Basecamp
(http://www.basecamp.com) for project management and team collaboration. Docum entation and correspondence
exchanged between MCCi and Client may be stored in Basecamp.
M CCi, L
By: LZ 4 (
Name: Donald Barstow
Title:_resident and GF -0
0,31e: July 9. 2021
CITY OF MILTON
By:
Name:
Title:
Date:
I JCCI I Scanning Order Page ei of!.",
EXHIBIT “C”
See Exhibit “B”
STATE OF norida
COUNTY OF Leon
EXHIBIT "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 eorporation 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 mithc}•ization 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 atlests that its federal work authorization user identification number- and date of
authorization are as follows:
987104
Federal Work Authorization
Number
0,6/07/2016
Date of Authori7.ation
MCCi,_LLC
Name of Contractor
I hereby declare under penalty of perjury that the:
User Identification foregoing is true anti correct.
Exec ed on July 9th 2021 in
Tari a ee (city), FL (state),
Signature of Authorized Officer or Agent
Scantling Services — Proiect.2
Name of Project
City of Milton, Georgia
NarnQ of Public Employer
Donald Barstow, president and CEO
Printed Narne and Title of Authorized Officer or
Agent
SUBSCRIBED ANDS WORN BEFORE ME
ON T IS THE 1_ DAY OF
qT PUBLTC
IN QTA R Y HAY puGhe Sty or Ftor
Brandon Walter
y W Comrrxs-$*n NH 025433
�j�w� Expre647+3012ff24
My Commission Expires:
30 r2�?zH
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 MCCi, LLC on behalf of the City of Milton, Georgia has
registered with, is authorized to use and uses the federal work authorization program commonly known as
E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and
deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue
to use the federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services in satisfaction of such contract only
with sub-subcontractors who present an affidavit to the subcontractor with the information required by
O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of
an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the
undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other
contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of
receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Scanning Services – Project 2
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: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of Subdivision Plats and Revisions.
MEETING DATE: Monday, July 19, 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: __________
July 19, 2021
X
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Community Development Director
Date: Submitted on July 13, 2021 for the July 19, 2021
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats 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 Manor Estates described herein consists of three existing
parcels totaling 19.52 acres located on Longstreet Road. The purpose of this plat
is to create six (6) 3-acre lots ranging in size from 3.05 acres – 3.70 acres.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Consent Agenda Plats Staff Memo
Page 2 of 5
Attachment(s):
Plat List, Location Map, Plats
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Manor Estates
3320-3370 Longstreet Road
LL 253 & 324 Dist. 2 Sect. 2
Minor
Plat
Create six (6) 3-acre lots from
three existing parcels. Lot sizes
range from 3.05 acres – 3.70 acres
19.52
Acres
0.31 Lots /
Acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Manor Estates
Consent Agenda Plats Staff Memo
Page 4 of 5
Manor Estates
Consent Agenda Plats Staff Memo
Page 5 of 5
Manor Estates
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of U21-01/VC21-03 - 2105 Bethany Way
(containing multiple parcels) for a total of 18.07 acres by The
PFAJ Revocable Trust Dated 2/17/2019 to Request a Use Permit
for “Agricultural Related Activities”, Sec. 64-1797 and a Two-Part
Concurrent Variance:
1) To allow the existing parking areas, wood pavilion, horse
arenas, and driveways within the 100-foot activity setback
(Sec. 64-1797(d))
2) To allow the structures housing animals to be located
within 100 feet of a property line (Sec. 64-1797(e))
(First Presentation at May 24, 2021 City Council Meeting)
(Deferred at June 7, 2021 City Council Meeting)
MEETING DATE: Monday, July19, 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
July 19, 2021
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 1 of 20
U21-01/VC21-03 Agricultural Related
PETITION NUMBERS:
U21-01/VC21-03
ADDRESS 2105 Bethany Way
DISTRICT, LAND LOT 2/2 892
OVERLAY DISTRICT Rural Milton Overlay District
EXISTING ZONING AG-1 (Agricultural)
PROPOSED USE PERMIT Agricultural Related Activities,
ACRES 18.027
EXISTING USES Single Family Residence, equestrian facility, winery
PROPOSED USE Agricultural Related Activities
OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19
ADDRESS 2105 Bethany Way
Milton, GA 30004
REPRESENTATIVE Ellen Smith, Parker Poe & Bernstein LLP
1075 Peachtree Street, Suite 1500
Atlanta, GA 30309
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U21-01 – DENIAL
VC21-03, PARTS 1 AND 2 – DENIAL
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 2 of 20
U21-01/VC21-03 Agricultural Related
PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021
U21-01 – APPROVAL CONDITIONAL – Vote of 7-0
VC21-03, PARTS 1 AND 2 – APPROVAL – Vote of 7-0
The Planning Commission made the following recommended conditions in
addition to conditions presented by Staff if the Mayor and City Council
recommends approval of the request.
3) To the owner’s agreement to the following use requirements:
b) There shall be no more than a total of 25 attendees per day,
Monday through Friday and no more than a total of 50 attendees
on Saturday and Sunday for camps, birthday parties, and
educational events.
d) Maximum continuous sound levels of 60 dBA and a maximum peak
sound level of 75 dBA at property lines. Music associated with the
activities shall only be allowed to be acoustical.
MAYOR AND CITY COUNCIL RECOMMENDATION – JUNE 7, 2021
U21-01 – DEFERRAL – The motion passed (5-2). Councilmember Moore and
Councilmember Bentley opposed the motion.
VC21-03, PARTS 1 AND 2 – DEFFERAL – The motion passed (5-2). Councilmember
Moore and Councilmember Bentley opposed the motion.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 3 of 20
U21-01/VC21-03 Agricultural Related
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 4 of 20
U21-01/VC21-03 Agricultural Related
EXISTING ZONING MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 5 of 20
U21-01/VC21-03 Agricultural Related
2035 FUTURE LAND USE MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 6 of 20
U21-01/VC21-03 Agricultural Related
SITE PLAN SUBMITTED – FEBRUARY 25, 2021
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 7 of 20
U21-01/VC21-03 Agricultural Related
REVISED SITE PLAN SUBMITTED - MAY 25, 2021
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 8 of 20
U21-01/VC21-03 Agricultural Related
SUBJECT SITE
The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels
totaling 18.027 acres. The applicant recently purchased 13760 Hopewell Road in
which the City of Milton will be constructing a portion of the new roundabout at
Hopewell Road and Bethany Bend. The site includes a single-family residence
with a detached garage, an additional garage with a residence, a small
cemetery, swimming pool, small wood pavilion used for entertainment, various
barns, two uncovered horse arenas, vineyards, and other accessory structures.
The Painted Horse Winery currently operates on the site which is allowed by right
within the AG-1 zoning district. There is a tasting room located within the
basement of the house as well as areas on the lawn behind the house to sit and
listen to background music. There are vineyards located on the property as well.
BACKGROUND AND REQUESTS
Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family
acquired the first tracts of the property in 1991. In 1996, equine barns were built,
and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally
incorporated. Starting in 1997, the Farm started hosting a variety of uses and
events including equine breeding, boarding, and training, animal husbandry, an
annual Easter egg hunt, ticketed live music events and various corporate events
and weddings at the property, including using valet services as needed. Starting
in 2002, and continuously since then, The Farm has hosted summer camp as a
weeklong day camp for children, birthday parties and other boy and girl scout
types of events. There have been a variety of ancillary uses to the farm
(including various fruit tree and apiary agricultural uses) historically for more than
twenty years.
In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became
licensed as the City’s and Fulton County’s first farm winery. The applicant states
that an additional four acres of vineyards are being added this year.
During the summer and fall of 2020, the City received various complaints
regarding an increased number of visitors to the site, issues with off premise
parking, and loud music coming from the property. The City asked to meet with
Ms. Jackson and her legal counsel to discuss their programming on the property.
The City (including the Community Development Director, Zoning Manager and
City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel three times
total in November and December 2020.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 9 of 20
U21-01/VC21-03 Agricultural Related
The applicant asserted that the activities that she was holding were uses that
were “grandfathered” or potentially legally nonconforming uses and that she
did not need Use Permits to bring the variety of uses in compliance with the
City’s Zoning Ordinance.
As stated in the applicant’s letter of intent “These applications are being filed
submitted in good faith by Ms. Jackson, to further resolution of disputes between
Ms. Jackson and the City regarding permitted and potentially legally
nonconforming uses of the Property. These are being submitted without waiver
by Ms. Jackson of her rights, claims, interests, or defenses with respect to prior,
ongoing, or future events, uses or operations at or on the property and without
admission by owner of the need for such permits or variances. “
On April 21, 2021, the applicant submitted a revised set of proposed
conditions/uses for the Agricultural Related Activities. These will be discussed
below within each appropriate topic.
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is within the Agricultural, Equestrian, Estate
Residential (AEE) land use category on the City of Milton 2035
Comprehensive Plan Map contained in the City of Milton Comprehensive
Plan Update 2016. The proposed use permit for Agricultural Related
Activities is permitted in AG-1 (Agricultural). Although the proposed use
permit is consistent with the land use plan, but when considering it
concurrently with the already by right use of the farm winery and the
equestrian related activities such as riding lessons and boarding of horses
as well as the request of a Rural Event Facility for a maximum of 100
attendees Monday through Saturday, and lastly for the request of the
Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at
each event, the proposed Agricultural Related Activities Use Permit is not
consistent with the following Plan Objectives:
o We will seek opportunities to provide pleasant, accessible, public
gathering places and parks throughout the community.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
Page 10 of 20
U21-01/VC21-03 Agricultural Related
o We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
sense of place.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The adjacent uses to the north and northeast are large lots developed
with single family residences as well as equestrian related facilities. Staff
notes that a Festival, Event Indoor/Outdoor was approved at 13895
Hopewell Road to be used as a wedding facility in 2014 but has not been
operated in that capacity. To the east are scattered single family
residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural)
and Northpark Subdivision. To the south are large lots developed with
single family residences and equestrian related facilities. To the southwest
is Cooper Sandy Subdivision zoned AG-1 developed with single family
residences. To the west are large lots developed with single family
residences and equestrian related facilities zoned AG-1.
Based on these surrounding uses which include single family residences
adjacent and nearby, the proposed Agricultural Related Activities Use
Permit is not compatible with surrounding land uses since it would operate
concurrently with the by right uses of the farm winery and the equestrian
related activities including riding lessons, boarding of horses as well as the
request of a rural event facility for a maximum of 100 attendees per event
every day of the week, and lastly for the request of the Festivals or Events,
Indoor/Outdoor with a maximum of 200 attendees at each event.
The applicant has included a list of uses that they agree that shall not
occur on the property which include, exotic animals, kennels or no
overnight camps or events. These will be included in a set of conditions if
the Mayor and City Council choose to approve the request.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does appear to violate ordinances or regulations
governing land development.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
The proposed use’s effect on the traffic flow, vehicular and pedestrian,
along adjoining streets is impacted by not only the proposed use but the
other by right activities of the farm winery, equestrian related activities
including riding lessons, boarding of horses as well as the request of a Rural
Prepared by the Community Development Department for the
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U21-01/VC21-03 Agricultural Related
Event Facility for a maximum of 100 attendees per event every day of the
week, and lastly for the request of the Festivals or Events, Indoor/Outdoor
with a maximum of 200 attendees at each event. All of these activities
collectively will cause a burden on the adjacent and nearby streets at
various times and days of the week.
5. The location and number of off-street parking spaces:
The locations of the off-street parking are scattered around the
approximately 18 acres. There are twelve spaces near the western portion
of the site and an additional six spaces to the north of the twelve. Based
on aerials, the six spaces appear to be where trees would be cut but
based on the overall tree canopy coverage, it would not impact the
overall site if they were located there. In addition, there are 37 spaces
located on the north, central and eastern portion of the site of which
portions of these spaces are located within the required 100-foot setback
for activity areas which includes parking. It appears that there is sufficient
room to relocate the spaces that are within this 100-foot setback as
required in Sec. 64-1797 (2)d.
Staff notes that the Agricultural Related Activities use permit does not
have a specific off-street parking requirement, but Staff will use the same
requirement as a Rural Event Facility use permit which requires one space
per 2.5 attendees. The applicant has indicated that the maximum number
will be 100 and therefore, 40 parking spaces will be required.
The by right activities such as the farm winery that currently operates
during the following days and times; Thursdays, 1 pm – 6 pm
Friday and Saturday 1 pm – 8 pm, and Sunday 1 pm – 5 pm and the
Pamelot Farm that operates riding lessons and boarding require sufficient
parking for their attendees. In addition, there are two additional use
permits being requested, that if approved, may operate concurrently
during the above activities which requires additional parking and would
be a burden on the site.
Lastly, based on the submitted site plan, it is difficult to determine where
attendees can park especially in those instances when several events
may occur at the same time.
6. The amount and location of open space:
Although the site provides open space since there is approximately 18
acres including a stream that cuts through it and provides the required 75-
foot buffer on either side of the creek as well as pastures, vineyards, and
other open spaces, the site is not large enough in size to accommodate
the proposed use as well as the other uses by right mentioned and the
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
requested use permits for a Rural Event Facility and Festivals or Events,
Indoor/Outdoor and not impact adjacent and nearby properties in a
negative manner.
7. Protective screening:
The existing vegetation that is located on the property and in most places
located along or near its exterior property lines is not sufficient to
ameliorate noise, light, and activity from the proposed use as well as
collectively the other uses by right mentioned and the requested use
permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor.
8. Hours and manner of operation:
The applicant has proposed the following days, times of operation:
Sunday through Saturday: 8:00 a.m. to 9:00 p.m. for the Agricultural
Related Activities.
Although these times are less than the allowed per the standards of the
use permit, Staff will recommend that a further reduction in hours of
operation occur on Sundays, which should be 10:00 a.m. to 7:00 p.m. on
Sundays if the Mayor and City Council chooses to approve the request.
9. Outdoor lighting:
The applicant has not indicated any additional lighting on the site except
If lighting is required for life/safety and will comply with the Night Sky
Ordinance.
10. Ingress and egress to the property:
There are three existing curb cuts on the property along Bethany Way. The
most western curb cut is located within the 100-foot activity area setback.
A future curb cut will be built by the City at the time of the new
roundabout is completed at Hopewell Road and Bethany Bend. As
mentioned above, when considering not only the request for the
Agricultural Related Activities as well as the by right use of the farm winery
and equestrian related uses and the other two requested use permits for a
Rural Event Facility and Festivals or Events, Indoor/Outdoor, the existing
traffic on Bethany Way and Hopewell Road may be negatively impacted
depending on the activities occurring at various times and days of the
week on the site.
Based on the evaluation of the above Use Permit Considerations, Staff
recommends Denial of U21-01 for Agricultural Related Activities.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
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U21-01/VC21-03 Agricultural Related
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on February 25, 2021and revised set of proposed conditions/uses
submitted on April 21, 2021, Staff offers the following considerations:
U21-01/VC21-03 - Agricultural-related activities (Sec. 64-1797)
It is the intent of this division to allow certain agricultural-related activities with a
use permit in compliance with the development standards below to preserve
the nature of agricultural areas. Such uses shall include, but not be limited to,
petting zoo, educational tours, dude ranches, picnicking, and pay fishing.
Required Standards Meets the
Standard
(1) Required districts. AG-1 Yes
(2) Standards.
a. Minimum lot size shall be five acres.
Yes
b. Permitted curb cut access shall not be from local streets.
Yes
c. Food services may be provided. Yes
d. A minimum of 100-foot setback is required from all property lines for
activity areas, including parking
No/see
concurrent
variance below
e. All structures housing animals shall be set back a minimum of 100 feet
from all property lines.
No/see
concurrent
variance below
f. All parking and access areas must be of an all-weather surface. Yes
g. A maximum continuous sound level of 60 dBA and a maximum peak
sound level of 75 dBA shall not be exceeded at property lines of adjacent
residential districts or AG-1 districts used for single-family dwellings.
Yes
h. Hours of operation shall commence no earlier than 6:00 a.m. and cease
by 10:00 p.m.
Yes
i. If located adjacent to any residential district or an AG-1 district used for
single-family dwellings, the minimum buffers and landscape strips required
for the O-I district as specified in article III of this zoning ordinance shall be
required.
Yes
j. Sanitary facilities or trash receptacles shall be located a minimum of 100
feet from a property line of any residential district and/or AG-1 district used
for single-family dwellings.
Yes
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
Part 1 - 64-1797 (2)(d): Allow the existing parking areas, wood pavilion, horse
arenas, and driveways within the 100-foot activity setback.
The site plan indicates existing driveways, barns, portions of horse arenas and
small fenced in areas primarily along the eastern portion of the site that are
associated with equestrian uses.
Staff recommends Denial of Part 1 of VC21-03 to allow the existing structures and
activity areas to remain as shown on the site plan received by the Community
Development Department on February 25, 2021 based on Staff’s
recommendation that the proposed Use Permit for Agricultural Related Activities
be denied.
Part 2 - Sec. 64-1797 (e) - All structures housing animals shall be set back a
minimum of 100 feet from all property lines.
The site plan indicates structures housing animals within the minimum 100-foot
setback on the site plan. They are small in size and located within the eastern
portion of the property.
Staff recommends DENIAL of VC21-03, Part 2 to allow the existing structures
housing animals within the 100-foot setback to remain as shown on the site plan
received by the Community Development Department on February 25, 2021
based on Staff’s recommendation that the proposed Use Permit for Agricultural
Related Activities be denied.
Rural Milton Overlay District
The proposed site plan as shown meets the requirements of the Rural Milton
Overlay District for Agricultural type uses pursuant to Sec. 64-1144.
The applicant submitted a revised set of proposed conditions/uses for the
Agricultural Related Activities on April 21, 2021 as outlined below:
Uses: *Summer and other school children school break camps
* Birthday parties
*Agricultural/Farm/Equine-based Educational Events (boy / girl
scouts or other community or church organized events)
* Art-related Events (painting classes)
*Limited farm animal petting (primarily associated with other events)
no more than once per week for a limit of three (3) hours (the
‘barnyard experience’)
* Events not expressly ancillary to single family residence, farm winery
or equestrian permitted uses, but tied to agriculture
Prohibited: *No Exotic Animals
*No Kennel
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
*No overnight camps or events
Hours of Operation: *8:00 a.m. to 9:00 p.m. (reduction from § 64-1797 6:00 a.m. to 10:00
p.m.)
Capacity Limitation: *Maximum attendees for a single event not to exceed 100 people
*Children Camp/Birthday Party/Educational Event: maximum 35
children per event
*Note: Section 64-1797 (g) provides maximum continuous sound levels of 60 dBA and a
maximum peak sound level of 75 dBA at property lines. This will be met. Similarly, sanitary facilities
and trash receptacles shall be located at least 100 feet from any property line as required by
Section 64-1797(j).
At the April 28, 2021 Planning Commission meeting, the applicant offered to
reduce the number of attendees to be limited to a total of 25 attendees
Monday through Friday and 50 attendees on Saturday and Sunday.
City Arborist
The canopy coverage calculations and any Specimen Tree recompense will be
calculated when they submit for the land disturbance permit. The proposed
parking locations do appear to involve tree removal but appears not to be any
specimen trees involved. Based on the size of the parcel prior to a combination
plat, the canopy coverage requirement will be 25%.
Development Engineer
Stormwater runoff from all new impervious surfaces created by the construction
of new buildings, gravel parking areas and miscellaneous structures maybe
managed by stormwater facilities located either within the parcel boundaries or
a shared facility off-site.
Fire Marshal
-12,000 sq ft structure to be fully sprinklered.
-Hydrant required within 100’ of remote FDC location. Show remote FDC
location.
-There must be a hydrant within 600’ of the proposed structure.
-Show existing and proposed (if needed) hydrants.
-Flow test required at LDP.
-Fire access road shall extend to 150’ of all portions of the structure.
-ADA accessibility.
-Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’
and on both sides of the road.
-Gate width 15’ minimum with Knox switch access.
-Auto turn apparatus from Bethany Bend to proposed structure.
-Show accessible spaces in close proximity to proposed structure.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
-Incorporate a fire department turnaround since the new entrance does not
appear to fully connect with the Bethany Way entrance.
-Plan subject to an in-depth review at the time of application of LDP
Transportation
Site improvements including driveway locations, fencing and stormwater pond
are to be coordinated with underway Hopewell Road at Bethany Bend/Way
intersection improvement project.
Environmental Site Analysis
The Environmental Site Analysis (ESA) report was completed. On the site, there is
a stream on the property which identifies the appropriate state and city buffers.
Further, there are no floodplain, steep slopes, archeological/historical sites,
endangered vegetation, or wildlife on the site. The applicant has not submitted
tree survey but will be required to meet the Tree Canopy Ordinance at the time
of Land Disturbance.
Public Involvement
Community Zoning Information Meeting
On March 23, 2021, the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall and via Zoom. There were
approximately 8 members of the community who signed the attendance sheet.
There appeared to be more in the audience. The meeting was also held via
Zoom.
• Traffic caused by the various current events and concern over the speed
of existing traffic on Bethany Way.
• Noise coming from music at the winery impacting enjoyment of nearby
property owners.
• Parking off site at the Bethany Oaks subdivision pool area.
• Concerned with people leaving the venue intoxicated.
• Do not mind the children related events like birthday parties, painting
horses, day camps and equestrian related business.
City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021
The following comments were made at the meeting:
• The majority of members expressed supporting the existing uses on the
property such as the winery, equestrian related uses, children’s activities,
but not to expand the uses as requested.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
Public Participation Plan and Report
The applicant submitted the Public Participation Report on April 21, 2021. The
public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105
Bethany Way. There were 16 people in attendance that signed the attendance
sheet. Their concerns were the following: noise primarily during ticketed live
events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool.
Response from applicant were indicated on the Public Participation Report:
measure noise levels at events, propose conditions to on-site parking. mitigate
noise including additional limits on allowable dB, hours of operation, frequency
of events, and numbers of ticketed attendees. Request on social media,
through parking attendants and off-duty police for on-site parking. Attendees
not to park off-site and coordinate with Bethany Oaks HOA.
CONCLUSION
The proposed Agricultural Related Activities Use Permit is inconsistent with the
City of Milton Comprehensive Plan Update 2016 and Objectives, In addition, the
proposed Agricultural Related Activities Use Permit is not compatible with
surrounding land uses since it would operate concurrently with the by right uses
of the farm winery and the equestrian related activities including riding lessons,
boarding of horses as well as the request of a Rural Event Facility Use Permit for a
maximum of 100 attendees per event every day of the week, and lastly for the
request of the Festivals or Events, Indoor/Outdoor Use Permit with a maximum of
200 attendees at each event. Therefore, Staff recommends that U21-02 be
DENIED. In addition, Staff recommends that VC21-03, Parts 1 and 2 be DENIED.
If the Mayor and City Council choose to approve the requested use permit and
concurrent variances, Staff has provided a set of recommended conditions
below.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
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U21-01/VC21-03 Agricultural Related
Roundabout at Bethany Bend and Hopewell Road
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
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U21-01/VC21-03 Agricultural Related
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, a Use Permit would be
approved for an Agricultural Related Activities (Sec 64-1797) subject to the
owner’s agreement to the following enumerated conditions.
4) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Agricultural Related Activities excluding Exotic Animals, Kennels,
and overnight camps or events on 18.06 acres.
5) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised Site Plan received by the
Community Development Department on May 25, 2021, and
whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and
intent of the Council’s approval of the Use Permit. Notwithstanding
the contents of the site plan, the project must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances, and these conditions. The site plan may be revised with
the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
6) To the owner’s agreement to the following use requirements:
a) Days and hours of operation shall be the following:
i. Monday through Saturday, 8:00 a.m. to 9:00 p.m.
ii Sunday, 10:00 a.m. to 7:00 p.m.
b) There shall be no more than a total of 25 attendees per day,
Monday through Friday and no more than a total of 50 attendees
on Saturday and Sunday for camps, birthday parties, and
educational events.
c) Limited farm animal petting (primarily associated with other events)
no more than once per week for a limit of three (3) hours (the
‘barnyard experience’)
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021).
7/15/2021
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U21-01/VC21-03 Agricultural Related
d) Maximum sound of 50 db(A) up to 55 db(A) measured at the
property lines. Music associated with the activities shall only be
allowed to be acoustical.
7) To the owner’s agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be located at least 100
feet from any property line and out of view from Bethany Way or
Hopewell Road.
b) Trash receptacles shall be located at least 100 feet from any
property line.
c) Allow the existing parking areas, wood pavilion, horse arenas, and
driveways within the 100-foot activity setback (Sec. 64-1797 (d))
(VC21-03, Part 1).
d) Allow the structures housing animals to be located within 100 feet of
a property line (Sec. 64-1797 (e)) (VC21-03, Part 2).
5) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Access to the site and frontage improvements shall be subject to
the approval of City of Milton Department of Public Works, prior to
the issuance of a Business License, Land Disturbance Permit,
Subdivision Plat or Certificate of Occupancy (whichever comes
first). Entrance(s) and frontage improvements shall conform to
Chapter 48 Streets, Sidewalks and Other Public Places and Chapter
64 Zoning of the City of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the
traffic generated by the site impacts the operations of Bethany Way
or Hopewell Road, he/she may require the owner to conduct a
traffic study to determine if the development warrants any
additional improvements at no cost to the city. If improvements are
determined to be warranted, owner shall install those at no cost to
the city.
c) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application if required.
Page 1 of 8
U21-01/VC21-03
ORDINANCE NO._______
PETITION NO. U21-01/VC21-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR AGRICULTURAL RELATED ACTIVITIES
(SEC. 64-1797) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY AND A
CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on July 19, 2021 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the property located at 2105 Bethany Way consisting of a total of 18.027 acres,
as described in the legal description attached hereto as Exhibit “A”, be approved
subject to the Conditions of Approval described in Exhibit “B”; and
SECTION 2. That the Use Permit approved hereby is subject to the provisions
of Sec. 64-1797 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the Concurrent Variance (VC21-03) be approved as
described in Exhibit “C”; and
SECTION 4. That the property shall be developed in compliance with the
Conditions of Approval as described as attached; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations or other zoning regulations other than as authorized by the
Concurrent Variance as described in Exhibit “C” approved hereby; and
SECTION 5. That all ordinances or parts of ordinances otherwise in conflict
with the terms of this Ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 19th day of July 2021.
Page 2 of 8
U21-01/VC21-03
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Tammy Lowit, City Clerk
(Seal)
Page 3 of 8
U21-01/VC21-03
Page 4 of 8
U21-01/VC21-03
Page 5 of 8
U21-01/VC21-03
EXHIBIT “B”
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, a Use Permit would be
approved for an Agricultural Related Activities (Sec 64-1797) subject to the owner’s
agreement to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) Agricultural Related Activities excluding Exotic Animals, Kennels, and
overnight camps or events on 18.027 acres.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised Site Plan received by the
Community Development Department on May 25, 2021, and whereby
the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the Use Permit. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances, and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3) To the owner’s agreement to the following use requirements:
a) Days and hours of operation shall be the following:
i. Monday through Saturday, 8:00 a.m. to 9:00 p.m.
ii Sunday, 10:00 a.m. to 7:00 p.m.
b) There shall be no more than a total of 25 attendees per day, Monday
through Friday and no more than a total of 50 attendees on Saturday
and Sunday for camps, birthday parties, and educational events.
c) Limited farm animal petting (primarily associated with other events) no
more than once per week for a limit of three (3) hours (the ‘barnyard
experience’)
Page 6 of 8
U21-01/VC21-03
d) Maximum sound of 50 db(A) up to 55 db(A) at the property lines.
Music associated with the activities shall only be allowed to be
acoustical.
4) To the owner’s agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be located at least 100
feet from any property line and out of view from Bethany Way or
Hopewell Road.
b) Trash receptacles shall be located at least 100 feet from any property
line.
5) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Business License, Land Disturbance Permit, Subdivision
Plat or Certificate of Occupancy (whichever comes first). Entrance(s)
and frontage improvements shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places and Chapter 64 Zoning of the City
of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the traffic
generated by the site impacts the operations of Bethany Way or
Hopewell Road, he/she may require the owner to conduct a traffic
study to determine if the development warrants any additional
improvements at no cost to the city. If improvements are determined
to be warranted, owner shall install those at no cost to the city.
c) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application if required.
Page 7 of 8
U21-01/VC21-03
REVISED SITE PLAN SUBMITTED – MAY 25, 2021
Page 8 of 8
U21-01/VC21-03
EXHIBIT “C”
APPROVED CONCURRENT VARIANCE (VC21-03)
a) Allow the existing parking areas, wood pavilion, horse arenas, and
driveways within the 100-foot activity setback (Sec. 64-1797 (d)) (VC21-03,
Part 1).
b) Allow the structures housing animals to be located within 100 feet of a
property line (Sec. 64-1797 (e)) (VC21-03, Part 2).
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration Consideration of U21-02 – 2105 Bethany Way
containing multiple parcels) for a Total of 18.07 Acres by The
PFAJ Revocable Trust Dated 2/17/2019 to Request a Use
Permit for Rural Event Facility, Sec. 64-1842.
(First Presentation at May 24, 2021 City Council Meeting)
(Deferred at June 7, 2021 City Council Meeting)
MEETING DATE: Monday, July 19, 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
July 19, 2021
X
X
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021)
7/15/2021
Page 1 of 21
U21-02 – Rural Event Facility
PETITION NUMBERS:
U21-02
ADDRESS 2105 Bethany Way
DISTRICT, LAND LOT 2/2 892
OVERLAY DISTRICT Rural Milton Overlay District
EXISTING ZONING AG-1 (Agricultural)
PROPOSED USE PERMIT Rural Event
ACRES 18.027
EXISTING USES Single Family Residence, equestrian facility, winery
PROPOSED USE Rural event facility
OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19
ADDRESS 2105 Bethany Way
Milton, GA 30004
REPRESENTATIVE Ellen Smith
Parker Poe & Bernstein LLP
1075 Peachtree Street, Suite 1500
Atlanta, GA 30309
INTENT
To request a Rural Event Facility on 18.027 acres. (Sec 64-1842)
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021)
7/15/2021
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U21-02 – Rural Event Facility
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U21-02 – DENIAL
PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021
U21-02 – DENIAL – Vote of 6-1 (Middlebrooks in the negative)
MAYOR AND CITY COUNCIL RECOMMENDATION – JUNE 7, 2021
U21-02 – DEFERRAL – The motion passed (5-2). Councilmember Moore and
Councilmember Bentley opposed the motion.
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LOCATION MAP
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EXISTING ZONING MAP
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2035 FUTURE LAND USE MAP
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SITE PLAN SUBMITTED – FEBRUARY 25, 2021
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REVISED SITE PLAN SUBMITTED – MAY 25, 2021
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SUBJECT SITE
The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels
totaling 18.027 acres. The applicant recently purchased 13760 Hopewell Road in
which the City of Milton will be constructing a portion of the new roundabout at
Hopewell Road and Bethany Bend. The site includes a single-family residence
with a detached garage, an additional garage with a residence, a small
cemetery, swimming pool, small wood pavilion used for entertainment, various
barns, two uncovered horse arenas, vineyards, and other accessory structures.
The Painted Horse Winery currently operates on the site which is allowed by right
within the AG-1 zoning district. There is a tasting room located within the
basement of the house as well as areas on the lawn behind the house to sit and
listen to background music. There are vineyards located on the property as well.
BACKGROUND
Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family
acquired the first tracts of the property in 1991. In 1996, equine barns were built,
and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally
incorporated. Starting in 1997, the Farm started hosting a variety of uses and
events including equine breeding, boarding, and training, animal husbandry, an
annual Easter egg hunt, ticketed live music events and various corporate events
and weddings at the property, including using valet services as needed. Starting
in 2002, and continuously since then, The Farm has hosted summer camp as a
weeklong day camp for children, birthday parties and other boy and girl scout
types of events. There have been a variety of ancillary uses to the farm
(including various fruit tree and apiary agricultural uses) historically for more than
twenty years.
In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became
licensed as the City’s and Fulton County’s first farm winery. The applicant states
that an additional four acres of vineyards are being added this year.
During the summer and fall of 2020, the City received various complaints
regarding an increased number of visitors to the site, issues with off premise
parking, and loud music coming from the property. The City asked to meet with
Ms. Jackson and her legal counsel to discuss their programming on the property.
The City (including the Community Development Director, Zoning Manager and
City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel multiple
times during late 2020.
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The applicant asserted that the activities that she was holding were uses that
were “grandfathered” or potentially legally nonconforming uses and that she
did not need Use Permits to bring the variety of uses in compliance with the
City’s Zoning Ordinance. The City did not agree with the applicant’s conclusion
and asked them to apply for the appropriate use permits that would potentially
bring them in compliance if ultimately approved by the Mayor and City Council.
As stated in the applicant’s letter of intent “These applications are being filed in
good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson
and the City regarding permitted and potentially legally nonconforming uses of
the property. These are being submitted without waiver by Ms. Jackson of her
rights, claims, interests or defenses with respect to prior, ongoing, or future
events, uses or operations at or on the property and without admission by owner
of the need for such permits or variances.”
On April 21, 2021, the applicant submitted a revised set of proposed
conditions/uses for the Rural Event Facility. These will be discussed below within
each appropriate topic.
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is within the Agricultural, Equestrian, Estate
Residential (AEE) land use category on the City of Milton 2035
Comprehensive Plan Map contained in the City of Milton Comprehensive
Plan Update 2016. The proposed Use permit for a Rural Event Facility is
permitted in AG-1 (Agricultural). Although the proposed use permit is
consistent with the land use plan, but when considering it concurrently
with the already by right use of the farm winery and the equestrian
related activities such as riding lessons and boarding of horses as well as
the request of Agricultural Related Activities with a maximum of 25
attendees Monday through Friday; 50 attendees on Saturday and
Sunday, and lastly for the request of the Festivals or Events,
Indoor/Outdoor with a maximum of 200 attendees at each event, the
proposed Rural Event Facility Use Permit is not consistent with the following
Plan Objectives:
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o We will seek opportunities to provide pleasant, accessible, public
gathering places and parks throughout the community.
o We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
sense of place.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The adjacent uses to the north and northeast are large lots developed
with single family residences as well as equestrian related facilities. Staff
notes that a Festival, Event Indoor/Outdoor was approved at 13895
Hopewell Road to be used as a wedding facility in 2014 but has not been
operated in that capacity. To the east are scattered single family
residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural)
and Northpark Subdivision. To the south are large lots developed with
single family residences and equestrian related facilities. To the southwest
is Cooper Sandy Subdivision zoned AG-1 developed with single family
residences. To the west are large lots developed with single family
residences and equestrian related facilities zoned AG-1.
Based on these surrounding uses which include single family residences
adjacent and nearby, the proposed Rural Event Facility Use Permit is not
compatible with surrounding land uses since it would operate
concurrently with the by right uses of the farm winery and the equestrian
related activities including riding lessons, boarding of horses as well as the
request of Agricultural Related Activities with no more than a total of 25
attendees per day, Monday through Friday and no more than a total of
50 attendees on Saturday and Sunday and lastly for the request of the
Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at
each event.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does appear to violate ordinances or regulations
governing land development.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
The proposed use’s effect on the traffic flow, vehicular and pedestrian,
along adjoining streets is impacted by not only the proposed use but the
other by right activities of the farm winery, equestrian related activities
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including riding lessons, boarding of horses as well as the request of the
agricultural related activities with no more than a total of 25 attendees
per day, Monday through Friday and no more than a total of 50
attendees on Saturday and Sunday, and lastly for the request of the
Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at
each event. All of these activities collectively will cause a burden on the
adjacent and nearby streets at various times and days of the week.
5. The location and number of off-street parking spaces:
The locations of the off-street parking are scattered around the
approximately 18 acres. There are twelve spaces near the western portion
of the site and an additional six spaces to the north of the twelve. Based
on aerials, the six spaces appear to be where trees would be cut but
based on the overall tree canopy coverage, it would not impact the
overall site if they were located there. In addition, there are 37 spaces
located on the north, central and eastern portion of the site of which
portions of these spaces already exist and are located within the required
100-foot setback for parking. It appears that there is sufficient room to
relocate the existing spaces that are within this 100-foot setback as well as
relocate the proposed spaces outside of the 100-foot setback as required
in Sec. 64-1842 (b)5.
Staff notes that the Rural Event Facility use permit requires one space per
2.5 attendees. The applicant has indicated that the maximum number will
be 100 and therefore, 40 parking spaces will be required.
The by right activities such as the farm winery that currently operates
during the following days and times; Thursdays, 1 pm – 6 pm
Friday and Saturday 1 pm – 8 pm, and Sunday 1 pm – 5 pm and the
Pamelot Farm that operates riding lessons and boarding require sufficient
parking for their attendees. In addition, there are two additional use
permits being requested, that if approved, may operate concurrently
during the above activities which requires additional parking and would
be a burden on the site.
Lastly, based on the submitted site plan, it is difficult to determine where
attendees can park especially in those instances when several events
may occur at the same time.
6. The amount and location of open space:
Although the site provides open space since there is approximately 18
acres including a stream that cuts through it and provides the required 75-
foot buffer on either side of the creek as well as pastures, vineyards, and
other open spaces, the site is not large enough in size to accommodate
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the proposed use as well as the other uses by right mentioned and the
requested use permits for an Agricultural Related Activities and Festivals or
Events, Indoor/Outdoor.
7. Protective screening:
The existing vegetation that is located on the property and in most places
located along or near its exterior property lines is not sufficient to
ameliorate noise, light, and activity from the proposed use as well as
collectively the other uses by right mentioned and the requested use
permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor.
8. Hours and manner of operation:
The applicant has proposed the following days, times of operation:
Sunday through Thursday, 9:00 a.m. to 10:00 p.m.
Friday through Saturday, 9:00 a.m. to 11:00 p.m.
Facility to be closed at 11:00 p.m.
Music will end at 10 p.m.
No more than four (4) events per week
Staff is concerned with the evening times that allow events up to 11:00
p.m. on weekends and 10:00 p.m. on weekdays when the farm winery
also is in operation during some of these times of operation as well as
possibly the Agricultural Related Activities. If the Mayor and City Council
chooses to approve this request, Staff will propose times of operation to
cease one hour earlier then proposed by the applicant.
9. Outdoor lighting:
The applicant has not indicated any additional lighting on the site except
If lighting is required for life/safety and will comply with the Night Sky
Ordinance.
10. Ingress and egress to the property:
There are three existing curb cuts on the property along Bethany Way. The
most western curb cut is located within the 100-foot activity area setback.
A future curb cut will be built by the City at the time of the new
roundabout is completed at Hopewell Road and Bethany Bend. As
mentioned above, when considering not only the request for the Rural
Event Facility as well as the by right use of the farm winery and equestrian
related uses and the other two requested use permits for the Agricultural
Related Facilities and Festivals or Events, Indoor/Outdoor, the existing
traffic on Bethany Way and Hopewell Road may be negatively impacted
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depending on the activities occurring at various times and days of the
week on the site.
Based on the evaluation of the above Use Permit Considerations, Staff
recommends Denial of U21-02 for the Rural Event Facility.
Site Plan Considerations
Based on the site plan received on February 25, 2021 and revised proposed
conditions and uses chart received on April 21, 2021 Staff offers the following site
plan considerations.
U21-02 – Rural Event Facility (Sec. 64-1842)
Rural Event Facility means a permanently established facility to include indoor or
outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis
for public and private gatherings. The facility takes advantage of special rural
characteristics such as natural features, historic structures and landscapes,
special views, open vistas, or a secluded pastoral locale. Types of uses may
include but are not limited to weddings, corporate events, retreats, community
events, private parties, and family gatherings/reunions.
Required Standards Meets the
Standard
(a) Required districts. AG-1, R-1, R-2, and R-2A Yes
(b) Standards.
1. Minimum lot size shall be five acres.
Yes
2. Permitted curb cut access shall not be from local streets.
Yes
3. Parking.
a. Parking areas for event attendees must be constructed of concrete, asphalt,
and/or gravel or as approved by the department of public works or other
materials that prevents erosion of the parking area.
b. One parking space per 2.5 attendees is required.
c. Parking areas shall be screened from roads and adjacent properties.
Yes
4. Noise levels measured at the property line shall be in accordance with
chapter 20, article VII, division 2 of the City Code.
Yes
5. Activity areas such as outdoor dining, entertainment areas, including parking
shall be at least 100 feet from any lot line unless the special event facility and
adjacent lot are in single ownership.
Yes
6. The maximum number of attendees and hours of operation will be evaluated
by the mayor and city council on a case-by-case basis for each site to protect
the public's health, safety and welfare.
Yes
7. Tents used for any event may be set up no more than 24 hours in advance Yes
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and must be taken down within 24 hours after such event.
8. Location and dimensions of undisturbed buffers, if needed to ameliorate the
visual and audio effects of the facility, will be evaluated, and determined by
mayor and city council on a case-by-case basis for each site.
Yes
9. The design of newly constructed structures is to be consistent with the
"building and other structure design (subsection 64-1142(f)) of the Rural Milton
Overlay Zoning District.
Yes
The above development requirements are addressed within the Use Permit
Considerations below with the exception of 4. Noise and 6. Number of
Attendees. The applicant’s revised proposed conditions state the following
regarding noise:
Live music to end no later than 10:00 p.m.
Maximum continuous sound levels of 60 dBA and a maximum peak sound
level of 75 dBA at property lines.
The City’s requirement for Noise is the noise control ordinance in Chapter 20 of
the City Code. Regarding this situation, the following regulations apply:
This is based on the definition of commercial establishments that would consider
the Rural Event Facility as a commercial establishment.
Sec. 20-661 .1. - Outdoor amplification and music at commercial
establishments.
(a) It shall be unlawful for any commercial establishment (including but not
limited to a restaurant, bar, or nightclub) to operate or allow the
operation of sound amplification equipment out of doors or directed out
of doors or to allow live acoustic music out of doors or directed out of
doors other than during the times listed below or so as to create sounds
registering in excess of:
(1) 85 dB(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.
(2) 60 dB(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m.
the following day;
(3) 85 dB(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or
(4) 60 dB(A) between 11:00 p.m. and 2:00 a.m. the following day.
For purposes of this section, hotels, motels, other short-term
accommodations shall be considered residentially occupied property.
(b)The decibel limits prescribed in this section shall be measured at the
property line of the commercial property at which the sound is being
generated.
Although the proposed noise levels are below the maximum permitted, Staff
recommends the following thresholds if the Mayor and City Council approve the
request.
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Maximum sound of 50 db(A) up to 55 db(A) at the property lines.
In regard to the number of attendees, the applicant has proposed to have a
maximum of 100 for any single event.
The applicant submitted a revised set of proposed conditions/uses for the Rural
Event Facility on April 21, 2021 as outlined below:
Uses: Events not primarily associated with the agricultural operations, farm,
equestrian or farm winery use of the property including, for example,
weddings, corporate events (holiday parties, picnics, team building);
yoga or other exercise / physical activity events; book clubs
Restrictions on Uses *substantial compliance with site plan
*substantial compliance with events traffic management (parking
and circulation plan to be provided)
Months, Days and
Hours of Operation:
*Sunday through Thursday, 9:00 a.m. to 10:00 p.m.
*Friday through Saturday, 9:00 a.m. to 11:00 p.m.
*Facility to be closed at 11:00 p.m.
*No more than four (4) events per week
Noise: *Live music to end no later than 10:00 p.m.
*Maximum continuous sound levels of 60 dBA and a maximum peak
sound level of 75 dBA at property lines [being reviewed to reduce]
Alcohol: *Alcohol service shall cease 15 minutes before music or event
ending.
Police: *For any single event over 75 people, at least one off-duty police
officer
Capacity Limitations: *Attendees not to exceed 100 for any single event.
Site Development
Considerations:
(a) provide adequate temporary bathroom facilities, including
handicap accessible facilities outside of any required setbacks and
in an inconspicuous area not visible from Bethany Way or Hopewell
Road
(b) no lighting except in accordance with night sky ordinance and
as required for life/safety
(c) if, at such time as the Director of Public Works determines that
traffic generated by the property consistently adversely impacts the
Hopewell Road / Bethany Way rights of way, he/she may require
owner to conduct a traffic study to determine if any additional
improvements are appropriate at no additional cost to the city.
(d) Sanitary facilities and trash receptacles shall be located at least
100 feet from any property line
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City Arborist
The canopy coverage calculations and any Specimen Tree recompense will be
calculated when they submit for the land disturbance permit. The proposed
parking locations do appear to involve tree removal but appears not to be any
specimen trees involved. Based on the size of the parcel prior to a combination
plat, the canopy coverage requirement will be 25%.
Development Engineer
Stormwater runoff from all new impervious surfaces created by the construction
of new buildings, gravel parking areas and miscellaneous structures maybe
managed by stormwater facilities located either within the parcel boundaries or
a shared facility off-site.
Fire Marshal
-12,000 sq ft structure to be fully sprinklered.
-Hydrant required within 100’ of remote FDC location. Show remote FDC
location.
-There must be a hydrant within 600’ of the proposed structure.
-Show existing and proposed (if needed) hydrants.
-Flow test required at LDP.
-Fire access road shall extend to 150’ of all portions of the structure.
-ADA accessibility.
-Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’
and on both sides of the road.
-Gate width 15’ minimum with Knox switch access.
-Auto turn apparatus from Bethany Bend to proposed structure.
-Show accessible spaces in close proximity to proposed structure.
-Incorporate a fire department turnaround since the new entrance does not
appear to fully connect with the Bethany Way entrance.
-Plan subject to an in-depth review at the time of application of LDP
Transportation
Site improvements including driveway locations, fencing and stormwater pond
are to be coordinated with underway Hopewell Road at Bethany Bend/Way
intersection improvement project.
Rural Milton Overlay District
The proposed site plan as shown meets the requirements of the Rural Milton
Overlay District for Agricultural type uses pursuant to Sec. 64-1144.
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Environmental Site Analysis
The Environmental Site Analysis (ESA) report was completed. On the site, there is
a stream on the property which identifies the appropriate state and city buffers.
Further, there are no floodplain, steep slopes, archeological/historical sites,
endangered vegetation, or wildlife on the site. The applicant has not submitted
but will be required to meet the Tree Canopy Ordinance at the time of Land
Disturbance.
Public Involvement
Community Zoning Information Meeting
On March 23, 2021, the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall and via Zoom. There were
approximately 8 members of the community who signed the attendance sheet.
There appeared to be more in the audience. The meeting was also held via
Zoom.
• Traffic caused by the various current events and concern over the speed
of existing traffic on Bethany Way.
• Noise coming from music at the winery impacting enjoyment of nearby
property owners.
• Parking off site at the Bethany Oaks subdivision pool area.
• Concerned with people leaving the venue intoxicated.
• Do not mind the children related events like birthday parties, painting
horses, day camps and equestrian related business.
City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021
The following comments were made at the meeting:
• The majority of members expressed supporting the existing uses on the
property such as the winery, equestrian related uses, children’s activities,
but not to expand the uses as requested.
Public Participation Plan and Report
The applicant submitted the Public Participation Report on April 21, 2021. The
public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105
Bethany Way. There were 16 people in attendance that signed the attendance
sheet. Their concerns were the following: noise primarily during ticketed live
events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool.
Response from applicant were indicated on the Public Participation Report:
measure noise levels at events, propose conditions to on-site parking. mitigate
noise including additional limits on allowable dB, hours of operation, frequency
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of events, and numbers of ticketed attendees. Request on social media,
through parking attendants and off-duty police for on-site parking. Attendees
not to park off-site and coordinate with Bethany Oaks HOA.
CONCLUSION
The proposed Rural Event Facility Use Permit is inconsistent with the City of Milton
Comprehensive Plan Update 2016 and Objectives, In addition, the proposed
Rural Event Facility Use Permit is not compatible with surrounding land uses since
it would operate concurrently with the by right uses of the farm winery and the
equestrian related activities including riding lessons, boarding of horses as well as
the request of the Agricultural Related Activities Use Permit, and lastly for the
request of the Festivals or Events, Indoor/Outdoor Use Permit with a maximum of
200 attendees at each event. Therefore, Staff recommends that U21-02 be
DENIED.
If the Mayor and City Council choose to approve the requested use permit, Staff
has provided a set of recommended conditions below.
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Roundabout at Bethany Bend and Hopewell Road
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, a Use Permit would be
approved for a Rural Event Facility (Sec. 64-1842) subject to the owner’s
agreement to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Rural Event Facility on 18.027 acres.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised Site Plan received by the
Community Development Department on May 25, 2021, and
whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and
intent of the Council’s approval of the Use Permit. Notwithstanding
the contents of the site plan, the project must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances, and these conditions. The site plan may be revised with
the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following use requirements:
a) Days and hours of operation shall be the following:
i. Sunday through Thursday, 9:00 a.m. to 9:00 p.m.
ii Friday through Saturday, 9:00 a.m. to 10:00 p.m.
iii. Facility to be closed at 10:00 p.m.
iv. All music will end at 9 p.m.
v. No more than four (4) events per week
vi. Alcohol service shall cease 15 minutes before event ending.
b) There shall be no more than 100 attendees for any single event.
c) Maximum sound of 50 db(A) up to 55 db(A) measured at the
property lines.
d) For any single event over 75 people, at least one off-duty police
officer will be required.
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4) To the owner’s agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be located at least 100
feet from any property line and out of view from Bethany Way or
Hopewell Road.
b) Trash receptacles shall be located at least 100 feet from any
property line
5) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Access to the site and frontage improvements shall be subject to
the approval of City of Milton Department of Public Works, prior to
the issuance of a Business License, Land Disturbance Permit,
Subdivision Plat or Certificate of Occupancy (whichever comes
first). Entrance(s) and frontage improvements shall conform to
Chapter 48 Streets, Sidewalks and Other Public Places and Chapter
64 Zoning of the City of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the
traffic generated by the site impacts the operations of Bethany Way
or Hopewell Road, he/she may require the owner to conduct a
traffic study to determine if the development warrants any
additional improvements at no cost to the city. If improvements are
determined to be warranted, owner shall install those at no cost to
the city.
c) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application if required.
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U21-02
ORDINANCE NO._______
PETITION NO. U21-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR RURAL EVENT FACILITY (SEC. 64-
1842) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on July 19, 2021 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the property located at 2105 Bethany Way consisting of a total of 18.027 acres,
as described in the legal description attached hereto as Exhibit “A”, be approved
subject to the Conditions of Approval described in Exhibit “B”; and
SECTION 2. That the Use Permit approved hereby is subject to the provisions
of Sec. 64-1842 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
Conditions of Approval as described as attached; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations or other zoning regulations; and
SECTION 4. That all ordinances or parts of ordinances otherwise in conflict
with the terms of this Ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 19th day of July 2021.
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U21-02
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Tammy Lowit, City Clerk
(Seal)
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U21-02
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U21-02
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U21-02
EXHIBIT “B”
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, a Use Permit would be
approved for a Rural Event Facility (Sec. 64-1842) subject to the owner’s agreement
to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) Rural Event Facility on 18.027 acres.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised Site Plan received by the
Community Development Department on May 25, 2021, and whereby
the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the Use Permit. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances, and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3) To the owner’s agreement to the following use requirements:
a) Days and hours of operation shall be the following:
i. Sunday through Thursday, 9:00 a.m. to 9:00 p.m.
ii Friday through Saturday, 9:00 a.m. to 10:00 p.m.
iii. Facility to be closed at 10:00 p.m.
iv. All music will end at 9 p.m.
v. No more than four (4) events per week
vi. Alcohol service shall cease 15 minutes before event ending.
b) There shall be no more than 100 attendees for any single event.
c) Maximum sound of 50 db(A) up to 55 db(A) at the property lines.
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U21-02
d) For any single event over 75 people, at least one off-duty police officer
will be required.
4) To the owner’s agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be located at least 100
feet from any property line and out of view from Bethany Way or
Hopewell Road.
b) Trash receptacles shall be located at least 100 feet from any property
line
5) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Business License, Land Disturbance Permit, Subdivision
Plat or Certificate of Occupancy (whichever comes first). Entrance(s)
and frontage improvements shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places and Chapter 64 Zoning of the City
of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the traffic
generated by the site impacts the operations of Bethany Way or
Hopewell Road, he/she may require the owner to conduct a traffic
study to determine if the development warrants any additional
improvements at no cost to the city. If improvements are determined
to be warranted, owner shall install those at no cost to the city.
c) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application if required.
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U21-02
REVISED SITE PLAN SUBMITTED – MAY 25, 2021
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance of the City Council to
Authorize Fulton County to Conduct the November 2, 2021
General Election.
MEETING DATE: Monday, July 19, 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
July 19, 2021
To: Honorable Mayor and City Council Members
From: Tammy Lowit, City Clerk
Date: Submitted on June 28, 2021 for the July 7, 2021 Regular City
Council Meeting (First Presentation) and July 19, 2021 Regular
City Council Meeting (Unfinished Business)
Agenda Item: Consideration of an Ordinance of the City Council to
Authorize Fulton County to Conduct Election.
Project Description:
On November 2, 2021, an election will be held in the City of Milton to elect the
Mayor and City Councilmembers for District1/Post 1, District 2/Post 1 and District
3/Post 1. O.C.G.A. §21-2-45 provides that a municipality may authorize and
contract with a county to conduct elections. Approval of this ordinance will
establish authority that the Mayor is authorized to enter into a contract with Fulton
County to conduct this election. A copy of the Intergovernmental Agreement is
attached to the ordinance and incorporated herein.
Financial Review:
The General Election fee of $155,039.00 includes $84,671 for the November 2,
2021 General Election and the amount of $70,368 for a potential run-off election
to be held on November 30, 2021. This fee will be paid to Fulton County in
advance of the election and maintained by Fulton County in a separate
election account. Within 90 days after the election or run-off election, Fulton
County will issue a refund of any excess fees or invoice the City if the fee is
insufficient to cover the City’s pro-rata share of the costs of the election.
Bernadette Harvill (July 2, 2019)
Legal Review:
Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (May 22, 2021)
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Attachment(s):
• Ordinance of the City Council to Authorize Fulton County to Conduct
Election
• Intergovernmental Agreement for the Provision of Election Services
between Fulton County, Georgia and the City of Milton, Georgia
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STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE OF THE CITY COUNCIL TO
AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on
July 19, 2021 at 6:00 p.m. as follows:
WHEREAS, on November 2, 2021, an election will be held in the City of Milton to
elect the Mayor and City Council Members for District 1/Post 1, District 2/Post 1,
and District 3/Post 1; and
WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and
contract with a county to conduct elections:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MILTON, and it is hereby ordained and established by authority of the same, that:
1.
The Mayor is authorized to enter into a contract with Fulton County to conduct
this election, which contract is attached hereto and incorporated herein.
2.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this Ordinance.
3.
Should any section of this Ordinance be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not affect the validity
of the Ordinance as a whole or any part thereof which is not specifically declared
to be invalid or unconstitutional.
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4.
This Ordinance shall take effect and be in force from and after the date of its
adoption, the public welfare demanding it.
The above Ordinance having been read according to law is hereby approved
by the Mayor and Council of the City of Milton, Georgia on this 19th day of July
2021.
Joe Lockwood, Mayor
Attest:
______________________________ (SEAL)
Tammy Lowit, City Clerk
______________________________ _______________________________
Peyton Jamison, Mayor Pro Tem Paul Moore, Councilmember
(District 1/Post 1) (District 2/Post 2)
______________________________ _______________________________
Carol Cookerly, Councilmember Joseph Longoria, Councilmember
(District 1/Post 2) (District 3/Post 1)
__________________________ _______________________________
Laura Bentley, Councilmember Rick Mohrig, Councilmember
(District 2/Post 1) (District 3/Post 2)
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF ELECTION SERVICES
BETWEEN
FULTON COUNTY, GEORGIA and
CITY OF MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT is entered into this ____ day of
______________, 2021, between Fulton County, Georgia (“County”), a political subdivision of
the State of Georgia, and the City of Milton, Georgia (“City”), a municipal corporation lying
wholly or partially within the County.
WHEREAS, the parties to this Agreement are both governmental units; and
WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient
and cooperative relationship that will promote the interests of the citizens of both jurisdictions;
and
WHEREAS, the City desires to contract with the County to conduct this election for the
citizens of the City pursuant to the applicable laws of the State of Georgia; and
WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the
Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for
the provision of facilities or services which they are authorized by law to provide, including an
agreement for the conduct of the City elections; and
WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any
municipality to contract with the county within which that municipality wholly or partially lies to
conduct any or all elections; and
WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance
authorize a county to conduct such election(s), and the City has adopted such an ordinance; and
WHEREAS, the Fulton County Board of Registration and Elections (“BRE”) has
jurisdiction over the conduct of primaries and elections and the registration of electors in the
County; and
WHEREAS, the BRE, among other things, is responsible for the selection and
appointment of the elections Superintendent, who selects, appoints, and trains poll workers for
elections;
NOW THEREFORE, in consideration of the following mutual obligations, the County
and City agree as follows:
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ARTICLE 1
CONDUCT OF ELECTIONS
1.1 This Agreement will govern the conduct of any and all elections which the City requests
the County to conduct, including any and all runoffs which may be necessary. It is the intent of
the parties that City elections be conducted in compliance with all applicable federal, state and
local legal requirements.
1.2 For each City election, City, at its sole option, shall submit to County a request in the
form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2-
540, now and as it may be amended hereafter, to the address specified in the Notice Section
below. If a timely request is not made, the County shall have no obligation to conduct the City
election which was the subject of the request.
1.3 In the event any special City election becomes necessary, the City and the County shall
confer and determine a mutually convenient date as allowed by law to conduct any such election.
ARTICLE 2
TERM OF AGREEMENT
This Agreement shall commence on the date that it is executed by or on behalf of the
governing authority of Fulton County, Georgia and will terminate on December 31, 2021, unless
otherwise terminated as set forth herein.
ARTICLE 3
DUTIES AND RESPONSIBILITIES
Pursuant to this Agreement, each party shall provide the following enumerated services
for the election to be held November 2, 2021:
3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City
election, the County through the Superintendent or their designee(s) shall be responsible for:
a) Designating early and advance voting sites and hours;
b) Placing the City’s candidate(s) on the electronic and printed ballots for City
elections after qualifying;
c) Placing the City’s referendum question(s) on the ballot for a City election after
timely written notice from the City is received by the County (which such notice shall
include all necessary details and information);
d) Hiring, training, supervising and paying poll officers and absentee ballot clerks;
e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. §
21-2-224(e), now and as it may be amended hereafter, a list of electors.
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f) Performing duties of elections Superintendent, and absentee ballot clerk for the
November 2, 2021 City General election;
g) Performing logic and accuracy testing as required by Subject 183-1-12 of the
Official Compilation of Rules and Regulations of the State of Georgia, now and as it may
be hereafter amended;
h) Providing staff, equipment and supplies for conducting the November 2, 2021
City General election at City polling places on City election days and for conducting
recounts as may be required;
i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493,
now and as it may be amended hereafter, and submitting certified City election returns to
the Georgia Secretary of State and City Clerk or as otherwise directed;
j) Upon a change in City precincts or voter districts, notifying City residents of any
change in voting districts and/or municipal precincts; and
3.2 The City shall be responsible for:
a) Recommending early voting sites and hours of operation to the County.
b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it
may be amended hereafter, and calls for special City elections as required by O.C.G.A. §
21-2-540, now and as it may be amended hereafter;
c) Preparing qualifying materials for potential candidates and performing qualifying
of candidates, including any write-in candidates, for City elections as required by state
law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter;
d) Placing advertisements in the City’s legal organ regarding calls for City elections,
as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter;
e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A.
§ 21-2-131, now and as it may be amended hereafter;
f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. §
21-2-131, now and as it may be amended hereafter;
g) Performing filing officer duties as required by the Georgia Government
Transparency and Campaign Finance Commission for any and all state reports filed by
the candidates or committees in conjunction with City elections to ensure compliance
with Title 21, Chapter 5 of the Official Code of Georgia;
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h) If the City desires to review and verify the accuracy of the voter list(s) for City
residents, it must do so not less than 30 days prior to Election Day;
i) Providing the County with an electronic copy of referendums that must be placed
on a ballot;
j) Reviewing ballot proofs and notifying County of corrections or approval within
twenty-four (24) hours of receiving proofs for candidate listings; and
k) Otherwise cooperating with the County in the performance of this Agreement and
providing the County such documentation and information as it may reasonably request
to facilitate the performance of its duties under this Agreement.
ARTICLE 4
COMPENSATION AND CONSIDERATION
4.1 For City elections that are to be conducted contemporaneously with a countywide
General Election, pursuant to this Agreement and to action of the Board of Commissioners on
August 3, 2016, the City will not be charged for the cost of said election.
4.2 In odd-numbered years when the municipalities and school districts hold regularly
scheduled and special elections, the municipalities (including the City) and school districts will
pay a no refund, flat rate of $2.96 per registered voter for the election. If a run-off is required,
the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.46
per registered voter. The payment of these per registered voter amounts is inclusive of the
provision of 10 early voting sites. Additional early voting sites could require additional
payment.
In odd-numbered years, the municipalities (including the City) and school districts will
coordinate with Fulton County in setting the dates of elections so as to mitigate the financial
burden being shifted to Fulton County for the conduct of elections.
The City will pay the cost of such election and run-off election (if applicable) based on the rates
stated above and the calculated contribution prepared in accordance with the form attached
hereto as Exhibit B.
ARTICLE 5
LEGAL RESPONSIBILITIES
5.1 The City shall be solely responsible for any liability resulting from any claims or
litigation arising from or pertaining to any City election, except claims or litigation regarding the
acts of agents or employees of the County, the County Board of Registration and Elections, and
the County Election Superintendent in connection with any City Election held pursuant to this
Agreement. The City agrees to reimburse the County for all costs, including, but not limited to,
court costs and attorney fees for the County Attorney or outside counsel, incurred by the County
as a result of any such claim or litigation. The City shall make payment of such reimbursements
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to the County within thirty (30) days of receipt of any invoice for reimbursement from the
County.
5.2 In the event that a City election is contested, the City shall be solely responsible for any
liability resulting from any claims or litigation arising from or pertaining to any contested City
election, except claims or litigation regarding the acts of agents or employees of the County, the
County Board of Registrations and Elections, and the County Election Superintendent in
connection with any City Election held pursuant to this Agreement. The City agrees to reimburse
the County for all costs incurred in responding to the election challenge, including, but not
limited to, attorney’s fees for the County Attorney or outside counsel and all expenses associated
with the election challenge and any appeals thereafter. The City shall make payment of such
reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement
from the County. If a second election is required, such election will constitute a City Election
under this Agreement and shall be conducted in accordance with the terms of this Agreement.
5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County
with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including,
without limitation, reasonable attorney’s fees and legal expenses) to which the County may be
subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful
misconduct, or any other negligence on the part of the City and/or its employees.
5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City
with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including,
without limitation, reasonable attorney’s fees and legal expenses) to which the City may be
subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful
misconduct, or any other negligence on the part of the County and/or its employees.
5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity
granted by law.
5.6 Should it be necessary to comply with legal requirements that any of the County’s
personnel shall be sworn in as a temporary officer or employee of the City, such formality shall
be observed without limitation.
ARTICLE 6
EMPLOYMENT STATUS
6.1 All County personnel assigned under this Agreement are and will continue to be
employees of the County for all purposes, including, but not limited to: duties and
responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave,
standards of performance, training, workers compensation and disciplinary functions.
6.2 All County personnel assigned under this Agreement are and will continue to be part of
the Fulton County Department of Registration and Elections and under the supervision of the
Superintendent.
6.3 All City personnel assigned under this Agreement are and will continue to be employees
of the City.
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ARTICLE 7
RECORDKEEPING AND REPORTING
7.1 The County Registration and Elections Department is the central repository for all
departmental records and makes available public records as defined and required by the Georgia
Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72,
now and as they may be amended hereafter. During the term of this Agreement, the County will
continue to comply with the applicable provisions of the Georgia Open Records Act and the
Georgia Election Code.
7.2 Except as limited by any provision of state or federal law, the City may request, review
and access data and County records at a mutually agreed upon time to ensure compliance with
this Agreement.
ARTICLE 8
E-VERIFY AND TITLE VI
Each party agrees that it will comply with all E-Verify and Title VI requirements and
execute any documents reasonably required related to such compliance. Further, each party
agrees that any contracts let for work completed pursuant to this Agreement shall contain all
required E-verify and Title VI requirements under applicable law.
ARTICLE 9
AUTHORIZATION
Each of the individuals executing this Agreement on behalf of his or her respective party
agrees and represents to the other party that he or she is authorized to do so and further agrees
and represents that this Agreement has been duly passed upon by the required governmental
agency or council in accordance with all applicable laws and spread upon the minutes thereof.
The parties hereto agree that this Agreement is an intergovernmental contract and is entered into
pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983.
Further, the Fulton County Board of Registration and Elections has reviewed and
approved this Agreement and has authorized its Chairman and its Chief Administrative Officer
to execute any ancillary documents required to complete the November 2021 General Election,
including but not limited to the Notice of the Call of the General Election and the Notice of the
General Election.
ARTICLE 10
TERMINATION AND REMEDIES
Either party may unilaterally terminate this Agreement, in whole or in part, for any
reason whatsoever or no reason at all, by notice in writing to the other party delivered at least
thirty (30) days prior to the effective date of the termination.
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ARTICLE 11
NOTICES
All required notices shall be given by certified first class U.S. Mail, return receipt
requested. The parties agree to give each other non binding duplicate facsimile notice. Future
changes in address shall be effective upon written notice being given by the City to the County
Elections Superintendent or by the County to the Municipal Clerk via certified first class U.S.
mail, return receipt requested. Notices shall be addressed to the parties at the following
addresses:
If to the County: Fulton County Board of Registration and Elections
Attn: Director
130 Peachtree St SW, Suite 2186
Atlanta, Georgia 30303
Facsimile: 404.730.7024
With a copy to: Fulton County Office of the County Attorney
Attn: County Attorney
141 Pryor Street SW, Suite 4038
Atlanta, Georgia 30303
Facsimile: 404.730.6540
If to the City: City Clerk
City of Milton
2006 Heritage Walk
Milton, GA 30004
With a copy to: City Attorney
Jarrard & Davis, LLP
222 Webb Street
Cumming, GA 30040
Attn: Ken Jarrard
ARTICLE 12
NON-ASSIGNABILITY
Neither party shall assign any of the obligations or benefits of this Agreement.
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ARTICLE 13
ENTIRE AGREEMENT
The parties acknowledge, one to the other, that the terms of this Agreement constitute the
entire understanding and Agreement of the parties regarding the subject matter of the Agreement.
This Agreement constitutes the entire understanding and agreement between the Parties
concerning the subject matter of this Agreement, and supersedes all prior oral or written
agreements or understandings. No representation oral or written not incorporated in this
Agreement shall be binding upon the City or the County. All parties must sign any subsequent
changes in the Agreement.
ARTICLE 14
SEVERABILITY, VENUE AND ENFORCEABILITY
If a court of competent jurisdiction renders any provision of this Agreement (or portion of
a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision
will be severed and the remainder of this Agreement will continue in full force and effect as if
the invalid provision or portion of the provision were not part of this Agreement. No action taken
pursuant to this Agreement should be deemed to constitute a waiver of compliance with any
representation, warranty, covenant or agreement contained in this Agreement and will not operate or
be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This
Agreement is governed by the laws of the state of Georgia without regard to conflicts of law
principles thereof. Should any party institute suit concerning this Agreement, venue shall be in
the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require
judicial interpretation, it is agreed that the court interpreting or construing the same shall not
apply a presumption that the terms hereof shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly against the
party who itself or through its agent prepared the same, it being agreed that the agents of all
parties have participated in the preparation hereof.
ARTICLE 15
BINDING EFFECT
This Agreement shall inure to the benefit of, and be binding upon, the respective parties’
successors.
ARTICLE 16
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an
original, and all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the City and County have executed this Agreement through
their duly authorized officers on the day and year first above written.
FULTON COUNTY, GEORGIA
APPROVED AS TO SUBSTANCE:
(Seal)
____________________________________
Chair, Board of Commissioners
Attest: ______________________________
Clerk to Commission
Date: ___________________
ATTEST:
___________________________________
APPROVED AS TO FORM:
___________________________________
Fulton County Attorney’s Office
APPROVED AS TO SUBSTANCE:
___________________________________
Richard Barron
Director, Fulton County Department of
Registration and Elections
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SIGNATURES APPEAR ON THE FOLLOWING PAGE
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CITY OF MILTON, GEORGIA
____________________________ ________________________________
Mayor City Clerk (SEAL)
Date: _______________________
APPROVED AS TO FORM:
_____________________________
City Attorney
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EXHIBIT A
As per the Agreement executed on ___________________, the City of Milton, hereby requests
that Fulton County conduct its General Election on November 2, 2021 within the boundary of
Fulton County.
The last day to register to vote in this election is October 4, 2021.
The list of early voting locations will be forthcoming.
This ____________ day of ___________, 2021.
__________________________________ (SEAL)
City Clerk
The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton
General Election on November 2, 2021, within the boundary of Fulton County.
This ____________ day of ___________, 2021.
__________________________________ (SEAL)
Elections Superintendent
Fulton County Board of Registration and
Elections
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EXHIBIT B
CITY OF MILTON
FLAT RATE CONTRIBUTION
Election
November 2, 2021
General
November 30, 2021
Runoff
Citywide
Number of Active
Registered Voters
(as of 3.23.2021)
28,605
28,605
Cost Per Voter
$2.96
$2.46
Total Cost
$84,671
$70,368
Grand Total
$155,039.00
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Reappointing Members to the
City of Milton Greenspace Advisory Committee.
MEETING DATE: Monday, July 19, 2021 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
STATE OF GEORGIA RESOLUTION NO. ______
COUNTY OF FULTON
A RESOLUTION REAPPOINTING MEMBERS TO THE CITY OF MILTON
GREENSPACE ADVISORY COMMITTEE
WHEREAS, Milton, Georgia is a duly formed political subdivision of the State of Georgia, with
all the powers attendant thereto;
WHEREAS, the City Council has previously established the Milton Greenspace Advisory
Committee (“MGAC”);
WHEREAS, the City Council, by subsequent enactment, established the number and identity of
those to serve on the MGAC;
WHEREAS, it was further established that those appointed to the MGAC would be public
officials of the City of Milton;
WHEREAS, it was further established that the initial term for MGAC members would be
randomly assigned by City staff with four (4) of the members having four (4) year terms and the
remaining members having three (3) year terms;
WHEREAS, the terms of the original MGAC Committee Members serving four (4) year terms
expired on May, 14, 2021;
WHEREAS, those members whose terms expired have been serving in a hold-over capacity since
that time;
WHEREAS the City Council is now prepared to reappoint those Committee members whose
initial four (4) year terms expired on May 14, 2021, to serve new terms on the MGAC.
THEREFORE, BE IT RESOLVED by the City Council of the City of Milton, Georgia, while in
regular session on June 21, 2021 at 6:00 p.m., that the following four (4) individuals are hereby
reappointed to serve on the MGAC:
SECTION 1. That Robert Brannon is hereby reappointed, retroactively, for a second
term commencing May 15, 2021 and ending on May 15, 2025and,
SECTION 2. That Robin Gray is hereby reappointed, retroactively, for a second term
commencing May 15, 2021 and ending on May 15, 2025 and,
SECTION 3. That Curtis Mills is hereby reappointed, retroactively, for a second term
commencing May 15, 2021 and ending on May 15, 2025 and,
SECTION 4. That Marc Walley is hereby reappointed, retroactively, for a second term
commencing May 15, 2021 and ending on May 15, 2025 and,
SECTION 5. That this Resolution shall become effective upon its adoption.
SO RESOLVED, the public health, safety, and welfare demanding it, this 19th day of July,
2021.
Approved:
________________________
Joe Lockwood, Mayor
Attest:
____________________________
Tammy Lowit, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 13, 2021
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Agreement Between the City of Milton
and Southern Conservation Trust, Inc. for a Land
Management Implementation Plan for the Former Milton
Country Club.
MEETING DATE: Monday, July 19, 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
July 19, 2021
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Community Development Director
Date: Submitted on July 12, 2021 for the July 19, 2021 Regular City Council
Meeting
Agenda Item: Consideration of an Agreement Between the City of Milton and
Southern Conservation Trust, Inc. for a Land Management
Implementation Plan for the Former Milton Country Club.
_____________________________________________________________________________________
Project Description: The City desires to make improvements to the former Milton Country
Club in accordance with the desired objectives of the adopted master plan so that it
can be used as a passive nature preserve for public recreational and educational
purposes, including but not limited to preservation and creation of scenic views, unique
natural resources, and biodiversity thereby benefiting the residents of the City and the
public at large.
Under this contact, Southern Conservation Trust shall provide professional services
necessary to develop a Land Management Implementation Plan of the passive acreage
of the Former Milton Country Club. The Land Management Implementation Plan will be
used to return the former golf course to natural native conditions with areas of passive
recreational use for the community. The property in its natural form was a combination
of climax hardwood forests on the hillsides, pine forests in the flatlands, and bottomland
hardwood forest along the stream banks and water saturated areas. Open meadows
with native flowers and plants are also recommended for the property.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 300-6210-541200001
Requisition Total: $10,000.00
Financial Review: Bernadette Harvill, July 12, 2021
Legal Review: Jeff Strickland, Jarrard & Davis, LLP - June 30, 2021
Attachment(s): Professional Services Agreement
MILTQN'k
ESTABLISHED 2006
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this,3k'�_day of ijqU 20g
(the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the "City"), and SOUTHERN CONSERVATION
TRUST, INC., a Georgia non-profit corporation having as its principal address 305 Beauregard
Blvd., Fayetteville, Georgia 30214 (herein after referred to as the "Consultant"), collectively
referred to herein as the 'Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
4838-8316-1840, v.1
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
Exhibit "A" — RESERVED
Exhibit "B" — RESERVED
Exhibit "C" — Scope of Work with Attachments 1, 2, 3 and 4
Exhibit "D" — Contractor Affidavit
Exhibit "E" — Subcontractor Affidavit
B. Proiect Description. The "Project" at issue in this Agreement is generally
described as: the provision of professional services necessary for the development of a land
management implementation plan of the passive acreage area of the Former Milton Country Club
located at 1785 Dinsmore Road, Milton, GA 30004 and the adjacent 12 acres located at 14620
Freemanville Road, Milton, GA 30004.
C. The Work. The Work to he completed ander this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
"C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
"C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant will perform
the Work in a prompt and timely manner. The term of this Agreement ("Tenn") shall commence
as of the Effective Date, and the Agreement shall terminate upon completion of and payment for
all Work (provided that certain obligations will survive termination/expiration of this Agreement).
Consultant shall complete the Work within one year from the "Effective Date". To the extent, if
any, that the Tenn of the Agreement continues beyond the calendar year in which this Agreement
is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall
terminate absolutely and without further obligation on the part of City on December 31 each
calendar year of the Term, and further, that this Agreement shall automatically renew on January
1 of each subsequent calendar year absent City's provision of written notice of non -renewal to
Consultant at least five (5) days prior to the end of the then current calendar year. Title to any
supplies, materials, equipment, or other personal property (if any should transfer under this
Agreement) shall remain in Consultant until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A "Change Order" means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
4838-8316-1840, v.1
B. Richt to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. Upon receipt of such Charge Order(s), Consultant shall reject
or accept such Charge Order(s) within 2 business days. If the Parties cannot reach an agreement
on the terms for performing the changed work within a reasonable time to avoid delay, the City
may pay for the work completed and reimburse for the Consultants incurred costs and terminate
this Agreement.
C. Change Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
HI. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices shall be submitted on
a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material
deviations in tests or inspections performed, or times or locations required to complete such tests
or inspections, and like deviations from the Work described in this Agreement shall be clearly
communicated to City before charges are incurred and shall be handled through Change Orders
as described in Section II above. City shall pay Consultant within thirty (30) days after approval
of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall be the lump sum of
$10,000.00 (the "Maximum Contract Price").
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
4638-6316-1640, v. 1
Project, and reimbursement for costs incurred shall be limited as follows: There shall be no
separate reimbursement for costs.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant: Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City's intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
perm S Or the like required Of Consultant by any and all ndtiOndi, Stili civildy JJUiSiy, orileal
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budeetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant's profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant's profession and industry,
Consultant will give written notice immediately to City.
C. City's Reliance on the Work. Consultant acknowledges and agrees that the
acceptance of Work by City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement.
D. Consultant's Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
Notwithstanding the above, Consultant shall not be responsible for errors or omission that have
rd
4838-8316-1840, v. 1
Katie Pace Quattlebaum
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City's agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non -owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused by
Consultant's errors, omissions, or negligent acts.
H
4838-8318-1840, v.1
(d) Workers' Compensation limits as required by the State of Georgia
and Employers' Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Consultant is a sole proprietor, who
is otherwise not entitled to coverage under Georgia's Workers'
Compensation Act, Consultant must secure Workers' Compensation
coverage approved by both the State Board of Workers'
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers'
Compensation Act. Further, Consultant shall provide a certificate
of insurance indicating that such coverage has been secured and that
no individual has been excluded from coverage.)
(3)
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(ii) Primary Insurance Requirement. Consultant's insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant's insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant's
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
4838-8316-1840, v. 1
(vi)
(b) Workers' Compensation Coverage. The insurer providing Workers'
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Consultant for City.
(c) All Coverages.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Consultant under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder's
rate of no less than "A-" and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant's insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
4838-8316-1840, v. 1
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims -Made Policies: Consultant shall extend any claims -made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers' Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited —E -Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City -provided forms, attached hereto
as Exhibits "D" and "E" (affidavits regarding compliance with the E -
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E -Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub -subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
N
4638-6316-1840, v. 1
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the
subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and
Consultant's subcontractors' verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant's subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized
aiicns on City :AutraCiS. By cntcring :Into a cont ad with City, ConNuiiaiii and Consuiiani's
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant's failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee -number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
500 or more employees.
100 or more employees.
x_ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s') indication of the above employee -number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records. Reports and Audits.
10
4838-8318-1840, v. 1
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement ("Records") shall be established and maintained by
Consultant in accordance for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City's computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City's representative(s) for examination all Records. Consultant will
permit City or City's representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City's representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City's
office. Further, Consultant shall permit City or City's representative(s) to
observe and inspect any or all of Consultant's facilities and activities during
normal hours of business for the purpose of evaluating Consultant's
compliance with the terms of this Agreement. In such instances, City or
City's representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code: Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
11
4838-8316-1840, v.1
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant aiknvwiedgcb That it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City's disclosure of documentation is governed by Georgia's
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. Reserved.
O. Meetin¢s. Consultant is required to meet with City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant's Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
12
4838-8316-1840, v. 1
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant's
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terns of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
("Materials") shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment. Other
materials, statistical data derived from other clients and other client projects, software,
methodology and proprietary work used or provided by the Consultant to the City not specifically
created and delivered pursuant to the Work outlined in the Agreement shall not be owned by the
City and may be protected by a copyright held by Consultant and the Consultant reserves all rights
granted to it by any copyright.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed or belief, political affiliation, national origin, gender, age or disability. In
addition, Consultant agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this
Agreement.
S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28,
if the Agreement requires the Consultant to prepare, develop, or draft specifications or
requirements for a solicitation (including bids, requests for proposals, procurement orders, or
purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation
process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics
and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately
disclose to the City any material transaction or relationship, including, but not limited to, that of
the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that
reasonably could be expected to give rise to a conflict of interest, including, but not limited to,
past, present, or known prospective engagements, involvement in litigation or other dispute, client
relationships, or other business or financial interest, and shall immediately disclose any material
13
4838-8316-1840, v. 1
transaction or relationship subsequently discovered during the pendency of the Agreement; and
(c) the Consultant agrees and acknowledges that any violation or threatened violation of this
paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in
addition to all other legal remedies.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City's Representative. Teresa Stickels shall be authorized to act on City's behalf
with respect to the Work as City's designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERIMI ATIOiv
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least thirty (30) calendar days in advance of the
termination date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City's failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of delinquent payment and an opportunity
to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least thirty (30) calendar days' written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that thirty (30) day period, or otherwise remedy the breach or default
to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date.
E. Conversion to Termination for Convenience. If City terminates this Agreement
14
4838-8316-1840, v. 1
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
15
4838-8318-1840, v.1
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day -to -Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City's Representative (named above) for City and
Consultant's Representative (named above) for Consultant.
(2) Oficial Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, ur at a substibutc au'wcN� Nicviuu�ly fuuunlicu to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
Southern Conservation Trust, Inc.
Attn: Katie Pace Quattlebaum
305 Beauregard Blvd.
Fayetteville, Georgia 30214
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City's right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
16
4838-8316-1840, v. 1
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity, Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City's elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant's performance of services under this Agreement shall not subject Consultant's
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or
question of intent or interpretation arises, this Agreement is to be construed as if the Parties had
drafted it jointly, as opposed to being construed against a Party because it was responsible for
drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may
omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that
a modifier or an article is absent from one statement and appears in another is not intended to affect
the interpretation of either statement. Words or terms used as nouns in the Agreement shall be
inclusive of their singular and plural forms, unless the context of their usage clearly requires
contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non -
negligent or non -willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental
17
4838-8316-1840, v. 1
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant's
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
18
4838-8316-1840, v. 1
Attest(Witi
Signature:
Print Name
CONSULTANT: Southern Conservation Trust, Inc.
Signature: 14.�(�. Lp a "w9rxL
Print Name:y—tJry 23,u
Title:
CEO/Executive Director (Corporation)
[CORPORATE SEAL]
(required if corporation)
Title: Qjut . 3 tG(�'T-G.2' -
(Assistant) Corporate SqVretary (required if corporation)
Attest:
Signature:
Print Name:
Title: City Clerk
Approved as to form:
City Attorney
19
4838-8316-1840, v. 1
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
EXHIBIT "A"
RESERVED
4838-8318-1840, v. 1
EXHIBIT "B"
RESERVED
4838-8316-1840, v.1
EXHIBIT "C"
Scope of Work — Land Management Implementation Plan
Back rg ound
The City owns approximately 130 (+/-) acres of real property formerly known as the Milton Country Club (FMCC)
including an additional 12 acres at 14620 Freemanville Road immediately adjacent to the FMCC (the foregoing
properties, collectively, the "Properly"), all located in the City of Milton, Fulton County, Georgia, which Property is
more particularly described on Attachments 1 and 2.
The City desires to make improvements in accordance with the desired objectives of the Master Plan of The Park at
the Former Milton Country Club (hereinafter referred to as `the Master Plan") adopted by City Council on August 19,
2019, and included as Attachment 3.
The City desires for the Property to be improved so that it can be used as a passive nature preserve for public
recreational and educational purposes, including but not limited to preservation and creation of scenic views, unique
natural resources, and biodiversity thereby benefiting the residents of the City and the public at large.
The Trust shall provide professional services necessary to develop a Land Management Implementation Plan of the
passive acreage of the Former Milton Country Club. The Land Management Implementation Plan will be used to
return the former golf course to natural native conditions with areas of passive recreational use for the community.
The Park in its natural form was a combination of climax hardwood forests on the hillsides, pine forests in the flatlands,
and bottomland hardwood forest along the stream banks and water saturated areas. Open meadows with native flowers
and plants are also recommended for the Park.
The services to be performed by the Trust are:
1. Baseline Study - The Trust will perform a baseline study, documenting the current natural state of flora,
fauna, and soils on the property. This will include a soil map, an inventory sheet of types and approximate
location of flora (including any endangered or threatened plant types, species of interest or unique features
to this property) and an inventory sheet of identified fauna. The baseline study shall be completed within 30
days of the Effective Date.
2. Permanent Vegetative Erosion Control Planting Plan — The Trust will evaluate the disturbed areas shown in
yellow on Attachment 4 and recommend vegetative features to provide permanent erosion control/soil
stabilization to guide the restoration of the natural park according to the Master Plan. The City will provide
maps of these areas and the Trust will develop concept level sketches of proposed plantings to allow native
plants to return and thrive without supplemental irrigation. This planting plan shall be completed within 120
days of the Effective Date.
3. Hydrological Features Planting Plan - A hydrology study, which will include a stormwater management
concept plan, has been commissioned by the City and is being performed by a third party. Using the
stormwater management concept plan and the Master Plan as guidance, the Trust will create a planting plan
of appropriate native plants to promote water filtration, support natural flow paths and help create low
maintenance infrastructure. This planting plan should be consistent with the hydrology study results and
adopted Park Master Plan. The City will provide maps of these areas and the Trust will develop concept level
sketches of natural enhancements to stormwater management components. This work will begin upon receipt
of the stormwater management concept plan and shall be completed within 180 days of the Effective Date.
4. Habitat Restoration — The Trust will develop area specific plans and processes for removal and eradication
of invasive species and the introduction of additional native plants and trees to supplement and accelerate
natural succession. The Trust will also recommend installations where appropriate to establish and support
wildlife (for example: support structures, nesting boxes, chimney swift towers). Amenities can both provide
resting areas and wildlife observation opportunities for Park users, as well as promote wildlife diversity in
the Park. This work shall be completed within 240 days of the Effective Date.
4838-8316-1840, v. 1
5. Grant Su000rt Document —The Trust will provide a support document for the City to use in seeking grant
opportunities and in-house services to implement recommendations proposed by the various deliverables set
forth above. This grant support document shall be completed within 270 days of the Effective Date.
4838-8316-1840, v. 1
EXHIBIT "D"
STATE OF F RL�
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:
'1-033515
Federal Work Authorization User Identification
Number
(D\ � 2512b2
Date of Authorization
Southern Conservation Trust, Inc.
Name of Contractor
Land Management Implementation Plan
Name of Project
City of Milton. Georgia
Name of Public Employer
4838-8316-1840, v. 1
1 hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on20 in
(city), r (state).
Signature of Authorized Officer or Agent
C Kef.lY1��(DNf uk-1`\-'
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE V DAY OF
20QA
11 N /
NOTARY PUBLIC
[NOTARY SEAL]AKF'IflOF
\SgiON frA� 2 �'
VQro t
My Commission Expires: ; v O AR% 9m��
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STATE OF
COUNTY O
EXHIBIT "E"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with Southern Conservation Trust, Inc. on behalf of the City of
Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor
will continue to use the federal work authorization program throughout the contract period, and the
undersigned subcontractor will contract for the physical performance of services in satisfaction of such
contract only with sub -subcontractors who present an affidavit to the subcontractor with the information
required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of
the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt.
If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any
other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business
days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
x..(43 --�5�Q 5 1 hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number
Executed on lW 3,20akin
I a 202 -rwi o � L (city), (state).
Date of Authorization
A 'C, v: 'Q� " uuuw �
c� irtit( PrM �N�CYc��� 1 IT��SS� i Vvc Si nature of Authorized Officer or Agent
Name of Subcontractor
va� CJL ao_A��rxee �
Land Management Implementation Plan Printed Name and Title of Authorized Officer or
Name of Project Agent
City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer ON THIS THE DAY OF
S 1 20 4J
r, /L.PUNt t. Pno1A,(e,14V�i
NOTARY PUBLIC `�� SNE AKF,y it
[NOTARY SEAL]
U�Qo pSARy
MyCommissiYb on
{Expires: _ �� �e� ; CS
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4838-8318-1840, v. 1
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