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HomeMy WebLinkAboutAgenda Packet - CC - 09/08/20212006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, September 8, 2021 Regular Council Meeting 6:00 PM INVOCATION – Reverend Andrew Eun, Daniel Prayer Garden 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. 21-253) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8, 2021 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the July 19, 2021 City Council Meeting Minutes. (Agenda Item No. 21-254) (Tammy Lowit, City Clerk) 2. Approval of the August 16, 2021 City Council Meeting Minutes. (Agenda Item No. 21-255) (Tammy Lowit, City Clerk) 3. Approval of the Financial Statements & Investment Report for Period 10 – July 2021. (Agenda Item No. 21-256) (Bernadette Harvill, Assistant City Manager) 4. Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 140/Arnold Mill Road at Green Road Intersection Survey. (Agenda Item No. 21-257) (Sara Leaders, Acting Public Works Director) 5. Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 372/Crabapple Road at Green Road Intersection Survey. (Agenda Item No. 21-258) (Sara Leaders, Acting Public Works Director) 6. Approval of an Agreement between the City of Milton and Premier Collision Center, Inc. for Automobile Body Repair Services. (Agenda Item No. 21-259) (Rich Austin, Police Chief) 7. Approval of an Agreement for Outside Providers & Facility Use Agreement between the City of Milton and GGLeagues, Inc. to Provide Online Gaming Leagues for Youth and Adults. (Agenda Item No. 21-260) (Tom McKlveen, Parks and Recreation Manager) 8. Approval of a Purchase Agreement with Ten-8 Fire & Safety, LLC, for the Purchase of a Rescue-Ambulance. (Agenda Item No. 21-261) (Gabe Benmoussa, Fire Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8, 2021 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of a Change Order with Granicus SaaS, LLC to Make Improvements to the Homepage of the City of Milton’s Website. (Agenda Item No. 21-262) (Greg Botelho, Communications Director) 10. Approval of an Agreement with Intradyn, Inc. to Provide Social Media Archiving Services for the City of Milton. (Agenda Item No. 21-263) (Greg Botelho, Communications Director) 11. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Soil and Water Conservation District Regarding the Pier Construction at Providence Park. (Agenda Item No. 21-264) (Sara Leaders, Acting Public Works Director) 12. Approval of a Contract Amendment to Transfer Assignment of a Contract from Wolverton & Associates, Inc to CHA Consulting, Inc. as a Result of Their Recent Acquisition. (Agenda Item No. 21-265) (Sara Leaders, Acting Public Works Director) 13. Approval of an Amendment between The City of Milton and the Department of Natural Resources to Amend the Scope of Work and Extend the Completion Date of the Providence Park Restroom Agreement to March 31, 2022. (Agenda Item No. 21-266) (Tom McKlveen, Parks and Recreation Manager) 14. Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Cogburn Road Sidewalk Project. (Agenda Item No. 21-267) (Sara Leaders, Acting Public Works Director) 15. Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Intersection Improvement Projects. (Agenda Item No. 21-268) (Sara Leaders, Acting Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8, 2021 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 16. Approval of a Construction Services Agreement with Federal EC, LLC for Oakhurst Leaf Drive Stormwater Pipe Lining. (Agenda Item No. 21-269) (Sara Leaders, Acting Public Works Director) 17. Approval of a Professional Services Agreement with Emergency Care Medical Group, P.C. for the Provision of Medical Direction Services for Milton Fire-Rescue. (Agenda Item No. 21-270) (Gabe Benmoussa, Fire Chief) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing National Suicide Prevention Week. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing the 20th Anniversary of the September 11 Terrorist Attacks. (Presented by Mayor Joe Lockwood) 3. Presentation of an Update on Clarity Road Bridge. (Presented by Sara Leaders, Acting Public Works Director) 4. Presentation of Former Milton Country Club Trail Construction and Boardwalks. (Presented by Sara Leaders, Acting Public Works Director) 5. Discussion of Craft Beer and/or Wine Market License: Business Community Feedback and Proposed Revisions. (Presented by Bernadette Harvill, Asst. City Manager) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverage Licenses) and Appendix A of the Milton Code of Ordinance to Update and Clarify Requirements for the Craft Beer and/or Wine Market License. (Agenda Item No. 21-271) (Bernadette Harvill, Asst. City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8, 2021 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2.Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available (Agenda Item No. 21-272) (Bernadette Harvill, Asst. City Manager) 3.Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2022 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available (Agenda Item No. 21-273) (Bernadette Harvill, Asst. City Manager) 9) PUBLIC HEARING 1.Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available (Agenda Item No. 21-272) (Bernadette Harvill, Asst. City Manager) 2.Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2022 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available (Agenda Item No. 21-273) (Bernadette Harvill, Asst. City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8, 2021 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA 11) UNFINISHED BUSINESS 12) NEW BUSINESS 1. Consideration of Final Consent Order to Settle Condemnation Action Re: Hopewell @ Bethany Bend – Parcel 4 Stepanek (Civil Action File No. 2021CV351579). (Agenda Item No. 21-274) (Sara Leaders, Acting Public Works Director) 2. Consideration of the Issuance of an Alcohol Beverage License for Ancillary Tasting to Rihaan Liquors Inc dba Milton Package Store, 13093 Hwy 9 Suite 1010, Milton, Georgia 30004. (Agenda Item No. 21-275) (Bernadette Harvill, Assistant City Manager 3. Consideration of a Memorandum of Understanding Between the City of Milton and the City of Alpharetta to Waive Non-Resident Fees Associated with Football Programming. (Agenda Item No. 21-276) (Tom McKlveen, Parks and Recreation Manager) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Public Works Fire 14) EXECUTIVE SESSION (Land Acquisition, Personnel, and Potential Litigation) 15) ADJOURNMENT (Agenda Item No. 21-277) CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period 10 - July 2021 MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on August 30, 2021 for the September 8, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 10 – July 2021 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.81% over what is anticipated for the tenth period of the fiscal year. Total expenditures to-date are $28,252,592 and are 6.72% 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 $5,318,503. 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 15 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending July 2021 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,814,184 4,156 38,466 (34,310) 12,716,910 12,677,789 39,121 Motor Vehicle Tax 1,401,799 175,857 145,252 30,606 1,267,455 1,052,599 214,856 Intangible Tax 891,000 82,992 74,250 8,742 733,122 668,250 64,872 Real Estate Transfer Tax 200,000 25,438 16,667 8,771 209,722 150,000 59,722 Franchise Fees 2,363,124 235,350 459,956 (224,606) 1,666,569 1,903,168 (236,599) Local Option Sales Tax 9,483,931 941,187 790,328 150,860 7,421,215 7,112,948 308,267 Alcohol Beverage Excise Tax 300,000 36,221 24,900 11,321 294,712 224,100 70,612 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 7,357 4,000 3,357 783,421 788,000 (4,579) Insurance Premium Tax 2,600,000 - - - - - - Financial Institution Tax 50,000 - - - 49,724 50,000 (276) Penalties & Interest 36,900 1,592 2,192 (599) 42,265 32,217 10,048 Alcohol Beverage Licenses 175,000 4,772 875 3,897 185,662 173,250 12,412 Other Non-Business Permits/Licenses 40,000 1,900 3,282 (1,382) 32,463 33,025 (562) Zoning & Land Disturbance Permits 72,500 975 6,040 (5,065) 68,915 60,400 8,515 Building Permits 670,000 123,991 109,167 14,825 466,296 422,500 43,796 Intergovernmental Revenue 7,500 - - - 1,871 3,750 (1,880) Other Charges for Service 499,210 48,564 36,512 12,052 565,180 456,218 108,962 Municipal Court Fines 400,000 48,218 33,320 14,898 401,800 333,200 68,600 Interest Earnings 20,200 812 1,683 (871) 12,376 16,833 (4,458) Contributions & Donations 1,887 - - - 3,737 1,887 1,850 Other Revenue 182,658 16,178 12,033 4,145 169,249 159,760 9,488 Other Financing Sources 1,666,649 - 3,750 (3,750) 1,679,872 1,666,649 13,223 Total Revenues 34,676,792 1,755,561 1,762,672 (7,111)28,772,535 27,986,543 785,991 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 12,375 13,463 (1,088) 104,549 130,435 (25,885) City Clerk 296,633 14,842 19,183 (4,342) 227,224 235,752 (8,527) City Manager 743,989 77,818 76,154 1,664 540,635 549,017 (8,382) General Administration 45,557 554 2,946 (2,392) 39,967 38,651 1,316 Finance 644,353 40,669 55,490 (14,821) 499,590 553,935 (54,344) Legal 335,000 6 27,906 (27,900) 184,519 279,189 (94,670) Information Technology 1,403,409 63,803 74,821 (11,018) 974,791 1,056,096 (81,305) Human Resources 384,640 31,940 31,286 655 297,284 324,771 (27,487) Risk Management 265,345 28,241 25,632 2,608 225,566 238,713 (13,146) General Government Buildings 325,126 11,153 19,537 (8,384) 225,569 261,558 (35,989) Communications 265,918 22,789 26,123 (3,335) 198,412 225,986 (27,573) Community Outreach & Engagement 186,569 16,789 20,090 (3,301) 139,711 160,937 (21,226) Municipal Court 355,108 29,733 32,235 (2,502) 265,518 268,758 (3,240) Police 5,214,440 516,488 539,189 (22,702) 4,176,330 4,444,432 (268,102) Fire 7,427,449 725,478 779,465 (53,987) 5,961,226 6,253,651 (292,425) Public Works 2,790,337 206,172 254,097 (47,925) 1,892,058 2,229,460 (337,401) Parks & Recreation (Active)1,308,786 129,575 153,121 (23,547) 803,182 1,106,167 (302,985) Passive Parks/Greenspace 288,603 4,069 13,957 (9,888) 39,322 141,663 (102,340) Community Development 1,829,987 153,705 179,529 (25,824) 1,256,495 1,543,815 (287,320) Economic Development 156,247 6,438 15,448 (9,010) 93,740 137,573 (43,834) Debt Service - - - - - - - Operating Transfers to Other Funds 14,287,082 2,090,090 2,090,090 - 10,106,902 10,106,902 - Operating Reserve 236,217 - - - - - - Total expenditures 38,951,876 4,182,726 4,449,763 (267,038)28,252,592 30,287,458 (2,034,867) Net Income/(Loss)(4,275,084)(2,427,165)519,943 Fund Balance - Beginning 13,114,251 13,114,251 Fund Balance - Ending 8,839,167 13,634,194 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 15 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$ 2,020$ 3,700$ 2,700$ Interest Revenues - - 1 6 6 Crabapple Fest Sponsor 7,500 - - - - Gas South Partnership - - 34 363 363 Total revenues 8,500$ -$ 1,000$ 2,055$ 4,069$ 3,069$ EXPENDITURES Current: Special Events 101,178$ 88,793$ -$ 19,301$ 69,492$ Total Expenditures 101,178$ 88,793$ -$ 19,301$ 69,492$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 20,000 3,767$ 19,998 (2) Total other financing sources and uses 24,000$ -$ 20,000$ 3,767$ 19,998$ (2)$ Net change in fund balances (68,678)$ (67,793)$ 4,765$ Fund balance - beginning 67,794 67,794 67,794 Fund balance - ending (884)$ (1)1$ 72,559$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 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 15 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 8 8 Total revenues -$ -$ 1$ 8$ 8$ EXPENDITURES Current: Police -$ 3,033$ -$ 12,234$ (9,201)$ Total Expenditures -$ 3,033$ -$ 12,234$ (9,201)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ (3,033)$ (12,226)$ Fund balance - beginning 99,238 99,238 99,238 Fund balance - ending 99,238$ 96,205$ 87,012$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 4 of 15 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$ 81,349$ 815,940$ (339,060)$ Total revenues 1,000,000$ 1,155,000$ 81,349$ 815,940$ (339,060)$ EXPENDITURES Current: Public Safety 1,000,000$ 1,155,000$ 81,349$ 815,940$ 339,060$ Total Expenditures 1,000,000$ 1,155,000$ 81,349$ 815,940$ 339,060$ 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 July 31, 2021 5 of 15 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 July 31, 2021 6 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues American Rescue Plan -$ -$ 7,391,612$ 7,391,612$ 7,391,612$ Interest Revenues - - 93 93 93 Total revenues -$ -$ 7,391,705$ 7,391,705$ 7,391,705$ EXPENDITURES Current: General Administration -$ -$ -$ -$ - Total Expenditures -$ -$ -$ -$ -$ Excess of revenues over expenditures -$ -$ 7,391,705$ 7,391,705$ 7,391,705$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ -$ -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ - 7,391,705$ Fund balances - beginning - - - Fund balances - ending -$ -$ 7,391,705$ City of Milton American Rescue Plan (ARP) Act of 2021 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 7 of 15 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$ 3,767$ 19,998 (2)$ Total revenues 24,000$ 20,000$ 3,767$ 19,998$ (2)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 20,000$ 3,767$ 19,998 (2)$ Total other financing sources and uses 24,000$ 20,000$ 3,767$ 19,998$ (2)$ 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 July 31, 2021 8 of 15 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$ 13,541$ 87,866$ 87,866$ (22,134)$ Infrastructure Maint Penalty & Interest - - 1,009 1,480 1,479 1,479 Fulton County IGA Funding - - 252,584 252,584 252,584 252,584 Mayfield Rd Stormwater Facility Assessment - 45,722 - 45,722 45,722 - Landfill Use Fees 45,000 45,000 12,374 36,795 36,795 (8,205) Interest Revenue - - 67 465 465 465 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$ 279,575$ 496,101$ 496,100$ 224,188$ EXPENDITURES Capital Outlay General Admin 13,762$ 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 1,892 342,754 517,664 2,137,897 Public Works 9,115,109 10,435,109 236,556 4,430,839 6,144,505 4,290,605 Parks & Recreation (Active)3,531,503 7,531,503 - 68,149 141,058 7,390,445 Passive Parks/Greenspace 1,680,222 2,725,943 5,941 25,142 999,020 1,726,923 Community Development 747,622 811,622 43,778 242,883 419,551 392,072 Total Capital Outlay 16,954,136$ 24,840,242$ 288,167$ 5,318,503$ 8,603,570$ 16,236,672$ Excess of revenues over expenditures (16,799,136)$ (24,568,330)$ (8,592)$ (4,822,402)$ (8,107,470)$ (16,012,484)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 12,637,056$ 1,952,588$ 8,731,880$ 8,731,880$ (3,905,176)$ Transfer out to TSPLOST Fund - (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$ 1,952,588$ 8,686,352$ 8,686,352$ (3,857,044)$ Net change in fund balances (12,020,101)$ (12,024,935) 3,863,949$ 578,882$ Fund balance - beginning 12,039,016 12,039,016 12,039,016 12,039,016 Fund balance - ending 18,916$ 14,082$ 15,902,966$ 12,617,899$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 9 of 15 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$ 2,058$ 1,603,364$ 1,603,364$ (6,806)$ Real Property Tax-Prior Year 500 6,700 84 7,073 7,073 373 Public Utility Tax-Current Year 11,808 11,349 - 11,359 11,359 10 Personal Property Tax-Current Year 23,268 23,268 223 21,797 21,797 (1,471) Personal Property Tax-Prior Year - 500 1 475 475 (25) Motor Vehicle Tax 4,200 5,292 388 3,928 3,928 (1,364) Penalties & Interest - Real Property 1,500 1,500 56 3,157 3,157 1,657 Penalties & Interest - Personal Property - - 0 146 146 146 Interest Revenue (Regions)9,000 500 41 375 375 (125) Interest Revenue (SunTrust)- - 2 47 47 47 Total revenues 1,581,737$ 1,659,279$ 2,854$ 1,651,721$ 1,651,721$ (7,558)$ 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 - 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$ -$ 1,714,768$ 1,762,029$ 5,015,518$ Excess of revenues over expenditures (5,160,870)$ (5,071,007)$ 2,854$ (63,047)$ (110,308)$ 5,007,960$ Net change in fund balances (5,160,870)$ (5,071,007) (63,047)$ (110,308)$ Fund balance - beginning 5,247,816 5,247,816 5,247,816 5,247,816 Fund balance - ending 86,946$ 176,809$ 5,184,769$ 5,137,507$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 10 of 15 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$ 666,562$ 5,464,398$ 5,464,398$ (1,404,052) Interest Revenues - - 50 354 354 354 Realized Gain or Loss (GA Fund 1)72,000 10,200 535 6,751 6,751 (3,449) Total revenues 6,072,000$ 6,878,650$ 667,147$ 5,471,502$ 5,471,502$ (1,407,148)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 25,311,574$ 718,773$ 3,623,281$ 6,316,928$ 18,994,646 Total Capital Outlay 22,996,046$ 25,311,574$ 718,773$ 3,623,281$ 6,316,928$ 18,994,646$ Excess of revenues over expenditures (16,924,046)$ (18,432,924)$ (51,626)$ 1,848,222$ (845,425)$ 17,587,499$ OTHER FINANCING SOURCES (USES) Transfers in from Capital Projects Fund -$ 45,528$ -$ 45,528$ 45,528$ -$ Transfers in from Capital Grant Fund - 655,000 - 655,000 655,000 - Total other financing sources and uses -$ 700,528$ -$ 700,528$ 700,528$ -$ Net change in fund balances (16,924,046)$ (17,732,396)$ 2,548,750$ (144,897)$ Fund balance - beginning 17,777,064 17,777,064 17,777,064 17,777,064 Fund balance - ending 853,018$ 44,668$ 20,325,814$ 17,632,167$ 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 July 31, 2021 11 of 15 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 - LMIG-SAP Funds - - - 116,000 116,000 116,000 Smart Communities 44,078 44,078 - 44,078 44,078 - Trail Connection to Big Creek Greenway 392,800 392,800 51,245 83,336 83,336 (309,464) Interest Revenues - - - 43 43 43 Total revenues 1,350,679$ 1,303,098$ 51,245$ 732,476$ 732,476$ (570,623)$ EXPENDITURES Fire 90,637$ 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 945,215 392,419 945,215 940,715 4,500 Parks & Recreation 586,188 586,188 - 77,021 817,502 (231,314) Community Development 1,032 1,032 - 180 1,055 (23) Total Capital Outlay 2,325,653$ 1,623,072$ 392,419$ 1,113,053$ 1,849,910$ (226,838)$ Excess of revenues over expenditures (974,974)$ (319,974) (341,174)$ (380,577)$ (1,117,434)$ (797,460)$ OTHER FINANCING SOURCES (USES) Transfer Out toTSPLOST Fund -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Budgeted Fund Balance - - - - - - Total other financing sources and uses -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Net change in fund balances (974,974)$ (974,974)$ (1,035,577)$ (1,772,434)$ Fund balance - beginning 975,930 975,930 975,930 975,930 Fund balance - ending 955$ 955$ (59,648)$ (796,505)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 12 of 15 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$ 6,693$ 27,595$ 27,595$ (2,405)$ Law Enforcement Fund 13,000 13,000 2,814 12,100 12,100 (900) Fire Fund 72,500 72,500 16,123 69,334 69,334 (3,166) Road Fund 110,000 110,000 23,984 117,468 117,468 7,468 Park Fund 650,000 650,000 180,238 720,952 720,952 70,952 Interest Revenues/Admin Fund - - 1 7 7 7 Interest Revenues/Law Enforcement Fund - - 0 3 3 3 Interest Revenues/Fire Fund - - 3 18 18 18 Interest Revenues/Road Fund - - 4 28 28 28 Interest Revenues/Park Fund - - 31 187 187 187 Total revenues 875,500$ 875,500$ 229,892$ 947,690$ 947,690$ 72,190$ 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 2,869 2,869 39,824 39,298 Total Capital Outlay 3,001,766$ 3,083,617$ 2,869$ 2,869$ 39,824$ 3,043,793$ Excess of revenues over expenditures (2,126,266)$ (2,208,117) 227,023$ 944,821$ 907,866$ 3,115,983$ Net change in fund balances (2,126,266)$ (2,208,117) 944,821$ 907,866$ Fund balance - beginning 2,208,117 2,208,117 2,208,117 2,208,117 Fund balance - ending 81,851$ -$ 3,152,938$ 3,115,983$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 13 of 15 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)-$ 33$ 377$ 377$ 377$ Total revenues -$ 33$ 377$ 377$ 377$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ 129,994$ 129,994$ 366$ Fire 3,745,300 - 172,939 337,180 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 - 878,219 878,219 0 Total Capital Outlay 5,525,687$ -$ 1,952,958$ 2,117,200$ 3,408,487$ Excess of revenues over expenditures (5,525,687)$ 33$ (1,952,581)$ (2,116,822)$ 3,408,864$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 1,375,022$ 1,375,022$ (275,004)$ Total other financing sources and uses 1,650,026$ 137,502$ 1,375,022$ 1,375,022$ (275,004)$ Net change in fund balances (3,875,661)$ (577,559)$ (741,801)$ Fund balance - beginning 3,984,697 3,984,697 3,984,697 Fund balance - ending 109,036$ 3,407,138$ 3,242,896$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2021 14 of 15 Amount Percent Yield Money Market - Quantum Bank 5,394,564 14%0.04% GA Fund 1 18,138,642 47%0.04% GA Fund 1 (TSPLOST)14,866,416 39%0.04% Grand Total Investment Portfolio 38,399,622 100% Current Month YTD Current Month YTD Interest earned 812 12,212 535 6,751 Budgeted interest 1,667 16,667 850 8,500 Variance over/(under)(854) (4,455) (315) (1,749) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending July 31, 2021 15 of 15 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 140/Arnold Mill Road at Green Road Intersection Survey MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 10, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 140/Arnold Mill Road at Green Road Intersection Survey _____________________________________________________________________________________ Project Description: The intersection of State Route 140/Arnold Mill Road at Green Road was funded for improvement by TSPLOST. This agreement will provide a survey database for the proposed intersection improvements. The survey limits were determined from the layout prepared under the concept development and traffic engineering study. The limits also include sidewalk extension to the southern City limits. Once a GDOT traffic engineering study is approved and the survey is complete, the design service can begin. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400002 Requisition Total: $16,000.00 Vendor DBA: Practical Design Partners, LLC Financial Review: Bernadette Harvill, August 10, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 4, 2021 Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT Green Road at SR 140 Intersection Survey This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 2021 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and Practical Design Partners, LLC, a Georgia limited liability company, having its principal place of business in Georgia at 4206 Waterloo Circle, Tucker, Georgia 30084 (hereinafter referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work and , Cost Estimate Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: provide professional services to complete a survey database for the intersection improvement of Green Road at SR 140/Arnold Mill Road in Milton, Georgia. The detailed scope is outlined in Exhibit “A”. Unless otherwise stated in Exhibit “A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant represents that it will perform the Work in a prompt and timely manner and with reasonable diligence and expediency consistent with sound professional practices. The Work and shall be completed within six (6) weeks from the Notice to Proceed. The Consultant shall prepare and submit for Client approval of a schedule for the performance of the Consultant’s services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Client’s consultants, and review and approval times required by public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in scope, character or size of the project requested by the Client, or for delays or other causes beyond the Consultant’s reasonable control. If Consultant anticipates it cannot perform the work by the completion date specified in the applicable work order, it shall promptly notify Sara Leaders, Transportation Engineer via phone or email. The term of this Agreement shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (the “Term”) (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, 2 City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City’s payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by the City in accordance with its purchasing regulations. Notwithstanding the foregoing, a change to the Work herein shall not result in a variance in price exceeding ten percent (10%) of the Maximum Contract Price. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $16,000.00 (the “Maximum Contract Price”), except as outlined in Section 4 above. Compensation shall be on a lump sum basis, as specified in Exhibit “A”. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted monthly based on the progress of each task. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by applicable national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. ___________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Neither Party shall assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the other Party. 3 F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall indemnify for claims brought by Third Parties the City and City’s elected and appointed officials, officers, boards, commissions, employees, (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to attorney’s fees and costs of defense recoverable under law (“Liabilities”), to the extent caused by the negligence or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that 4 the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ___ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. RESERVED. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 5 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: Practical DesignPar LC. Signature: Print Name: Brad Robinson Title: Member/Manager (Limited Liability Company) [CORPORATE SEAL] Attest/Witness: Signature: f iVIL)L1Ml`J - Print Name:�X Title: (Assistant) Corporate Secretary CITY OF MILTON, GEORGIA Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney Practical Design Partners LLC Corporate Seal Georgia 2020 ri By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT “A” PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com August 2, 2021 Sara Leaders, PE, LSIT Transportation Engineer City of Milton Public Works 2006 Heritage Walk Milton, GA 30004 Re: Green Road at SR 140 Intersection Survey Dear Mrs. Leaders, Practical Design Partners, LLC (PDP) appreciates the opportunity to submit this proposal to complete a survey database for the intersection improvement of Green Road at SR 140/Arnold Mill Road. Anticipated Scope of Work: The City of Milton desires to obtain a survey database for the subject intersection. It is assumed that Notice to Proceed (NTP) will be provided along with NTP for the Green Road at SR 372 intersection and both surveys can be completed simultaneously. A planimetric and topographic survey to support the design will be completed. Platinum Geomatics (PG) will utilize its DJI M600 Pro drone fitted with their True View 635 3D Imaging System and Riegl miniVUX3 LiDAR Laser Scanner. From this aerial platform, they will be able to effectively collect new aerial imagery and LiDAR data to develop an accurate Digital Terrain Model (DTM). The aerial imagery and LiDAR will provide the source data to fully develop all visible planimetric detail and the primary topographic data. PG field staff will locate the property corners, collect and verify drainage, and enhance the topography by collecting significant breaks in the terrain and any areas obscured by vegetation, building or other potential obstructions. The topography, planimetrics and property survey will be conducted in accordance with typical “GDOT style” surveys for road improvement design: · Boundary lines, with property ownership information – NOT A LEGAL BOUNDARY SURVEY • Easements and right of ways • All observable, above ground utilities • Driveways and driveway aprons • Street signs, monument signs, mailboxes, billboards, etc. • Paint and striping marks (parking stalls, crosswalks, traffic lanes, bike lanes, etc.) • Digital Terrain Model (DTM) – topographic surface The Green Road at SR 140 survey limits will be based on the conceptual layout submitted to the city by PDP on July 2, 2021. Survey will include the area within existing right-of-way throughout the project limits as well as 30’ from the proposed edge of pavement along Green Road and the eastern side of SR PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com 140 from the Kroger driveway to Green Road. Property boundary lines will be provided along Green Road and the eastern side of SR 140 from the Kroger driveway to Green Road. The project corridor totals approximately 5 acres and includes approximately 1,400’ of SR 140 and roughly 750’ of Green Road. The corridor width is primarily 100’ – 115’, except for the 200’ long by 50’ wide area at Birchdale Drive and also includes 20 properties. PDP will deliver the survey database within 6 weeks of NTP. The deliverable will be in OpenRoads format, consistent with GDOT’s current requirements. Proposed Fee: Services will be invoiced monthly based on the progress of each task. Direct expenses such as printing, reproduction, postage and delivery are included. Fee Proposal for Survey Database Tasks Fee Proposal Green Road at SR 140 $16,000 Additional Assumptions: 1. No design or staking is included in this proposal. A proposal for design services will be provided at a later date. Thanks again for the opportunity to provide our proposal for this intersection improvement project! We look forward to continuing our relationship with the City of Milton. Please let us know if there are any questions. Sincerely, Brad Robinson, PE Vice President Practical Design Partners, LLC EXHIBIT “B” 08/02/2021 RSC Insurance Brokerage, Inc. 1745 N. Brown Road Suite 250 Lawrenceville GA 30043 Ambroshia Patton (678) 690-5995 apatton@risk-strategies.com Practical Design Partners, LLC 4206 Waterloo Cir. Tucker GA 30084 RLI Insurance Company 13056 XL Specialty Insurance Company 37885 CL2092275643 A Y Y PSB0009042 09/14/2020 09/14/2021 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A PSB0009042 09/14/2020 09/14/2021 1,000,000 B Professional Liability DPS9966235 09/14/2020 09/14/2022 Each Claim $1,000,000 Annual Aggregate $1,000,000 RE: Green Road at SR 140 Intersection Survey. City of Milton is included as an additional insured as respects the General Liability. Waiver of Subrogation applies to General Liability. City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT "C" STATE OF f COUNTY OF Q 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: 15-13099 Federal Work Authorization User Identification Number SItoI7o2f Date of Authorization Practical Design Partners, LLC Name of Contractor Green Road at SRI 40 Intersection Survey 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 US 6, 20 V in -Tokcyt r (city), GA (state). CLL2s v I Signature of Authorizea Officer or Agent A" -r � SP\/z }'r Sld'c'� Printed Name and Title of Authorized Officer or Agent 3SCRIBED AND SWORN BEFORE ME THIS THE t`' DAY OF LAg4Sa" 207-1. fn [NOTARY SEAL] _ FIRES GEx �� AUSu�. My Commission Expires: �'o�-1ze cp�N STATE OF Georgia COUNTY OF Gwinnett EXHIIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Practical Design Partners, 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: 1166815 Federal Work Authorization User Identification Number 02/03/2017 Date of Authorization Platinum Geomatics, LLC Name of Subcontractor Green Road at SR 140 Intersection Survey 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 August 9 , 20 21 in Buford (city), GA (state). Signature of Authorized Officet or Agent Michael Martin- President & Founding Partner Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME 019 THIS THE 9* DAY OF ' 20 A. NOTART PUBLIC [NOTARY SEAL] My Commission Expires: = � : •� A�'D Q i'q: .2 ....low C7� AUBLVO -V p CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 372/Crabapple Road at Green Road Intersection Survey MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 25, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with Practical Design Partners, LLC for State Route 372/Crabapple Road at Green Road Intersection Survey _____________________________________________________________________________________ Project Description: The intersection of State Route 372/Crabapple Road at Green Road was recently modified as part of the Georgia Department of Transportation (GDOT) 2021 SR 372 roadway resurfacing project. The new pavement and removal of the concrete medians will provide for a blank slate to plan for future improvements. The City was a partner with GDOT on past improvements at this location and providing the survey will continue the partnership and initiate future improvement discussions with GDOT. This agreement will provide a survey database for possible intersection improvements. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400002 Requisition Total: $19,000.00 Vendor DBA: Practical Design Partners, LLC Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 11, 2021 Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT Green Road at SR 372/Crabapple Road Intersection Survey This Professional Services Agreement (“Agreement”) is made and entered into this_______ day of _____________, 2021 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and Practical Design Partners, LLC, a Georgia limited liability company, having its principal place of business in Georgia at 4206 Waterloo Circle, Tucker, Georgia 30084 (hereinafter referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work and , Cost Estimate Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: provide professional services to complete a survey database for the intersection improvement of Green Road at SR 372/Crabapple Road in Milton, Georgia. The detailed scope is outlined in Exhibit “A”. Unless otherwise stated in Exhibit “A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant represents that it will perform the Work in a prompt and timely manner and with reasonable diligence and expediency consistent with sound professional practices. The Work and shall be completed within six (6) weeks from the Notice to Proceed. The Consultant shall prepare and submit for Client approval of a schedule for the performance of the Consultant’s services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Client’s consultants, and review and approval times required by public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in scope, character or size of the project requested by the Client, or for delays or other causes beyond the Consultant’s reasonable control. If Consultant anticipates it cannot perform the work by the completion date specified in the applicable work order, it shall promptly notify Sara Leaders, Transportation Engineer via phone or email. The term of this Agreement shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (the “Term”) (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, 2 City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City’s payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by the City in accordance with its purchasing regulations. Notwithstanding the foregoing, a change to the Work herein shall not result in a variance in price exceeding ten percent (10%) of the Maximum Contract Price. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $19,000.00 (the “Maximum Contract Price”), except as outlined in Section 4 above. Compensation shall be on a lump sum basis, as specified in Exhibit “A”. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted monthly based on the progress of each task. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by applicable national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. ___________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Neither Party shall assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the other Party. Brad Robinson 3 F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall indemnify for claims brought by Third Parties the City and City’s elected and appointed officials, officers, boards, commissions, employees, (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to attorney’s fees and costs of defense recoverable under law (“Liabilities”), to the extent caused by the negligence or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that 4 the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. RESERVED. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. X 5 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: C= M& 1i" I CL Print Name: Shydi2 ✓ T Title: preA I dtv#- (Assistant) Corporate Secretary Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CONSULTANT: Practical Design Partners, LLC. Signature: Print Name: Brad Robinson Title: Member/Manager (Limited Liability Company) [CORPORATE SEAL] Practical Design Partners LLC Corporate seal Georgia 2020 CITY OF MILTON, GEORGIA 11 By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT “A” PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com August 2, 2021 Sara Leaders, PE, LSIT Transportation Engineer City of Milton Public Works 2006 Heritage Walk Milton, GA 30004 Re: Green Road at SR 372 Intersection Survey Dear Mrs. Leaders, Practical Design Partners, LLC (PDP) appreciates the opportunity to submit this proposal to complete a survey database for the intersection improvement of Green Road at SR 372/Crabapple Road. Anticipated Scope of Work: The City of Milton desires to obtain a survey database for the subject intersection. It is assumed that Notice to Proceed (NTP) will be provided along with NTP for the Green Road at SR 140 intersection and both surveys can be completed simultaneously. A planimetric and topographic survey to support the design will be completed. Platinum Geomatics (PG) will utilize its DJI M600 Pro drone fitted with their True View 635 3D Imaging System and Riegl miniVUX3 LiDAR Laser Scanner. From this aerial platform, they will be able to effectively collect new aerial imagery and LiDAR data to develop an accurate Digital Terrain Model (DTM). The aerial imagery and LiDAR will provide the source data to fully develop all visible planimetric detail and the primary topographic data. PG field staff will locate the property corners, collect and verify drainage, and enhance the topography by collecting significant breaks in the terrain and any areas obscured by vegetation, building or other potential obstructions. The topography, planimetrics and property survey will be conducted in accordance with typical “GDOT style” surveys for road improvement design: · Boundary lines, with property ownership information – NOT A LEGAL BOUNDARY SURVEY • Easements and right of ways • All observable, above ground utilities • Driveways and driveway aprons • Street signs, monument signs, mailboxes, billboards, etc. • Paint and striping marks (parking stalls, crosswalks, traffic lanes, bike lanes, etc.) • Digital Terrain Model (DTM) – topographic surface The Green Road at SR 372 survey limits will be based on the limits provided by the city via email on July 12, 2021 that includes SR 372 from Abbey Court to Arbor North Drive and Green Road from Waterside PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com Drive to SR 372. The corridor will extend approximately 20’ beyond the existing right-of-way through these limits for a total of 9.1 acres and 24 properties. PDP will deliver the survey database within 6 weeks of NTP. The deliverable will be in OpenRoads format, consistent with GDOT’s current requirements. Proposed Fee: Services will be invoiced monthly based on the progress of each task. Direct expenses such as printing, reproduction, postage and delivery are included. Fee Proposal for Survey Database Tasks Fee Proposal Green Road at SR 372 $19,000 Additional Assumptions: 1. No design or staking is included in this proposal. Thanks again for the opportunity to provide our proposal for this intersection improvement project! We look forward to continuing our relationship with the City of Milton. Please let us know if there are any questions. Sincerely, Brad Robinson, PE Vice President Practical Design Partners, LLC EXHIBIT “B” 08/02/2021 RSC Insurance Brokerage, Inc. 1745 N. Brown Road Suite 250 Lawrenceville GA 30043 Ambroshia Patton (678) 690-5995 apatton@risk-strategies.com Practical Design Partners, LLC 4206 Waterloo Cir. Tucker GA 30084 RLI Insurance Company 13056 XL Specialty Insurance Company 37885 CL2092275643 A Y Y PSB0009042 09/14/2020 09/14/2021 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A PSB0009042 09/14/2020 09/14/2021 1,000,000 B Professional Liability DPS9966235 09/14/2020 09/14/2022 Each Claim $1,000,000 Annual Aggregate $1,000,000 RE: Green Road at SR 372 Intersection Survey. City of Milton is included as an additional insured as respects the General Liability. Waiver of Subrogation applies to General Liability. City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT "C" STATE OF1 P COUNTY OF ." /h CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: V51301 Federal Work Authorization User Identification Number o$II0Izoa-0 Date of Authorization Practical Design Partners, LLC Name of Contractor Green Road at SR372/Crabapple Road Intersection Survev 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 , 20LL in TW)V-y (city), 6 h (state). cx9f) &" 6' -- Signature of Authorized Office` r or Agent A24 6/1a SI-)yAev- pt PS l Amt - Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _—V5 DAY OF AuAUS-1 20Z\. N Y PUBLIC .``PJREN 800''•. NO TAjii`Fy% [NOTARY SEAL] _ ARES GEORGIA': 12-13-2024 My Commission Expires: 'OAt✓8L1Q•;�k EXHIBIT "D" STATE OF Georgia COUNTY OF Hall 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 Practical Design Partners, 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: 1166815 Federal Work Authorization User Identification Number 02/03/2017 Date of Authorization Platinum Geomatics, LLC Name of Subcontractor Green Road at SR 372/Crabapple Road Intersection Survey 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 August 13 '20 21 in Buford (city), GA (state). Signature of Authorized Officer or Agent Michael Martin President & Founding Partner Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /gtra- DAY OF 24 21. NOTARY P IC ttttttl�r��t j•�a,%gSIOIyF;% e i y••'•'OSEN 21'.'•co � rT �•••.eN•�' 4 �11,C0UN,O 1111''! [NOTARY SEAL] My Commission Expires: 210 ;1 L CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Premier Collision Center, Inc. for Automobile Body Repair Services MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on August 19, 2021, for the September 8, 2021, Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Premier Collision Center, Inc. for Automobile Body Repair Services _____________________________________________________________________________________ Project Description: Premier Collision Center has been selected for contract award. Premier Collision Center will be providing automobile body repair services to the City’s fleet vehicles. This contract will be valid for a total of three years from start date. This contract will be rebid every three years to ensure competitive bidding and best value for the City. Premier was the only response to the RFP. Staff is recommending the award of the contract to Premier Collision Center. Procurement Summary: Purchasing method used: RFP Account Number: Vehicle R&M accounts across end user departments Requisition Total: Blanket PO Financial Review: Bernadette Harvill, August 19, 2021 Legal Review: Dennis Bost – Jarrard & Davis, August 11, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Automobile Body Repair Services Automobile Body Repair Services Agreement | 1 AGREEMENT FOR AUTOMOBILE BODY REPAIR SERVICES 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 PREMIER COLLISION CENTER, INC.., a Georgia Corporation, having its principal office address located at 4468 Abbotts Bridge Road, Duluth, GA, 30097 (herein after referred to as the "Contractor")(collectively the parties are referred to herein as the "Parties” and individually referred to as a “Party.” WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services generally described as automobile body repair services for City department vehicles (the “Work”); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Contractor 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, Contractor 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: Automobile Body Repair Services Agreement | 2 Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – RESERVED B. Project Description. The “Project” at issue in this Agreement is generally described as: Automobile body repair services to City of Milton fleet vehicles. 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. All services shall be stated on a written service ticket or other form that must be approved by the Contractor and the City (and/or its insurer) prior to performance. The service ticket shall state the exact nature of the services and the price to be charged, including the cost of any replacement parts. Once approved, the service ticket will be binding on the Parties. The City reserves the right to seek competing price quotes from multiple service providers before agreeing to services. If Contractor determines that revisions to the scope of work or price are required, it shall immediately stop work and not proceed until a revised service ticket is approved. D. Schedule, Completion Date, and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement shall commence on Effective Date and terminate without further obligation on the part of City on September 30, 2022 (“Term”) (provided that certain obligations will survive the Term). In accordance with O.C.G.A. § 36-60-13, this Agreement shall automatically renew for two successive annual renewal terms (each renewal term commencing on October 1, the day after the expiration date of the prior term on September 30, and terminating automatically on September 30 of the following calendar year) absent City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to first day of the renewal term. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. WORK CHANGES Work Changes. Any changes to the Work requiring an increase in the Annual Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by City in accordance with its purchasing regulations. Notwithstanding the foregoing, a change to the Work herein shall not result in a variance in price exceeding ten percent (10%) of $250,000.00, which represents the Automobile Body Repair Services Agreement | 3 total appropriated expenditure for the three (3) year term herein. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor the pre-negotiated price for the Work upon completion of the Work and upon certification by City and/or its insurer that the Work was actually performed in accordance with the Agreement. Compensation for Work performed shall be paid to Contractor upon receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City or its insurer to process the invoice. Invoices shall be submitted to the City or directly to the City’s insurer, depending on direction provided by the City. Contractor acknowledges that in many cases the City will rely on its insurer to pay a portion of the cost of the Work. The City will use reasonable efforts to cause the insurer to timely pay Contractor. B. Annual Contract Price. The total amount paid (by the City and its insurer) in each annual term under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $83,333.33 per annum (the “Annual Contract Price”). The compensation for Work performed shall be based upon the number of vehicles brought in for service and the services requested. The City does not guarantee any minimum amount of work under this Agreement, and annual compensation is expected to be less than the Annual Contract Price. C. Reimbursement for Costs. There shall be no reimbursement for costs except the actual cost for replacement parts, without markup by Contractor. IV. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor 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 Contractor under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary Automobile Body Repair Services Agreement | 4 limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. C. City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. Contractor 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 Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’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. Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor’s Representative. ____Hunter Ikerd______ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, contractors, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or Automobile Body Repair Services Agreement | 5 subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor 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 Contractor 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. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of contractors, 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. Contractor 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 Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. 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 Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. Automobile Body Repair Services Agreement | 6 (1) Requirements: Contractor 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 Contractor, 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: Contractor 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) Garage Liability and/or Garage Keeper Liability of at least $500,000 (five hundred thousand dollars) per automobile per accident limit for claims arising out of garage/mechanic’s services and caused by Contractor’s errors, omissions, or negligent acts. (This insurance is needed only if Contractor’s other policies do not fully provide such coverage.) (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 Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor 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, Contractor 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 Automobile Body Repair Services Agreement | 7 policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Garage/Garage Keeper 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 Contractor; 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, contractors, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. 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 Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor’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 Contractor’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 Contractor’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. Automobile Body Repair Services Agreement | 8 (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 Contractor 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 Contractor for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor 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 Contractor 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 Contractor 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: Contractor 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, Contractor is specifically Automobile Body Repair Services Agreement | 9 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 Contractor’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. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor 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 Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor 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) Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or Automobile Body Repair Services Agreement | 10 (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “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, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor 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 Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor 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 Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor’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. Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee-number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] Automobile Body Repair Services Agreement | 11 ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K.Records, Reports and Audits. (1)Records: (a)Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Contractor 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 Contractor 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, Contractor 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, Contractor shall make available to City x Automobile Body Repair Services Agreement | 12 or City’s representative(s) for examination all Records. Contractor will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor 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, Contractor shall permit City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’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. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor 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. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-contractor under a contract to the prime Contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor 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. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Automobile Body Repair Services Agreement | 13 Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. RESERVED O. Meetings. Contractor 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 Contractor’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 Contractor’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 Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Q. Ownership of Work. RESERVED 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, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. S. Warranty. The Work is fully warranted for materials and workmanship quality by Contractor and defects will be replaced or repaired at no cost to City for as long as the subject vehicle is in the City’s fleet. V. COVENANTS OF CITY A. Right of Entry. RESERVED. Automobile Body Repair Services Agreement | 14 B. City’s Representative. Scott Mulvey 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 in a writing signed by each party. 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. Contractor shall have no right to terminate this Agreement prior to completion, except in the event of City’s failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor 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 Contractor for the costs of curing the default against any sums due or which become due to Contractor 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 Contractor 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 Annual 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, Contractor 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, at no cost to City, all City vehicles in its possession, as well as any reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement. As to those vehicles in Contractor’s possession that are not fully repaired at time of termination, the City may specify whether they will be returned immediately without conducting further repairs or returned promptly upon full repair (with any further repair costs Automobile Body Repair Services Agreement | 15 to be paid by the City in accordance with the terms of this Agreement). G. Reservation of Rights and Remedies. The rights and remedies of City and Contractor 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 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 Contractor submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor 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 Contractor 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 Contractor’s Automobile Body Repair Services Agreement | 16 representative (named above) for Contractor. (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 CONTRACTOR shall be sent to: Premier Collision Center, Inc Attn: Hunter Ikerd 4468 Abbott’s Bridge Rd Duluth, GA 30097 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 Contractor 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 Contractor 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, Automobile Body Repair Services Agreement | 17 boards, commissions, employees, representatives, contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, contractors, 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. Contractor represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Contractor 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 CONTRACTOR; (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 Contractor’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. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. CONTRACTOR: PREMIER COLLISION CENTER, INC Signature: / Print Name: S. / � r$ r— T lI 4el-v`w_ Title: Attest/Witness: Signature. Print Name: Title: LL f7M, (AsWtant) Corporate Secretary Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney President/ Vice President [CORPORATE SEAL] (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Automobile Body Repair Services Agreement 1 18 Automobile Body Repair Services Agreement | 19 EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-CM02 RFP Title: Auto Body Repair Services Due Date and Time: August 3, 2021 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 45 ISSUING DEPARTMENT INFORMATION Issue Date: July 8, 2021 City of Milton 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 21-CM02 Name of Company or Firm Special Instructions: Deadline for Written Questions July 20, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-CM02 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 21-CM02 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 21-CM02 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 21-CM02 RFP# 21-CM02 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM02) Auto Body Repair Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 21-CM02 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Auto Body Repair Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 20___ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 7 | RFP 21-CM02 SCHEDULE OF EVENTS Task Date Issue RFP July 8, 2021 Deadline for Questions July 20, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, July 22, 2021 Proposals Due By 2:00 p.m. EST on August 3, 2021 Award Contract September 8, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-CM02 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide for the fleet vehicle body repair services as specified in the Scope of Work (Section 3). The awarded contractor(s) must be able to pick up and return repaired vehicles and be no further than twenty-five (25) miles from city limits. Contractor must have a location of suitable size and personnel to handle the repair and body work of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department and Fire administration is located at 13690 Highway 9, Milton GA 30004. The City of Milton may and prefers to award multiple non-exclusive contracts. However, the City reserves the right to award contract to one Vendor if needed. The City desires a three (3) year agreement which is renewed annually. A list of existing city vehicles is attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance, reliability, and location convenience of the proposers. The City’s needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 9 | RFP 21-CM02 B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on July 20, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about July 22, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex, or national origin. 10 | RFP 21-CM02 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than six (6) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Offeror Qualifications – include project staffing, qualifications of the team, and what sets the team apart b. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches 1. Related Projects and References - Describe at least 3 similar projects with references and the degree of involvement of the team. c. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the 11 | RFP 21-CM02 Offeror’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 12 | RFP 21-CM02 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. 13 | RFP 21-CM02 B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 14 | RFP 21-CM02 G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 | RFP 21-CM02 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT – Vehicles to be serviced (Subject to Change): Year Make Model Police 2004 Dodge Ram/Box truck 2007 Toyota Tacoma 2009 Ford (#3) Crown Victoria 2010 Ford (CID) Explorer 2006 Ford Ford Fusion 2012 Ford Explorer 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Chevy (CID) Tahoe 2013 Dodge (CID) Charger 2013 Dodge (CID) Charger 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2015 Ford (Hybrid) Fusion 2015 Dodge (Manager) Durango 2015 Ford (CID) Explorer 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2017 Ford F150 V8 2017 Ford (Chief) Police Interceptor SUV 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2018 Ford Police Interceptor SUV 2019 Ford F150 16 | RFP 21-CM02 2019 Ford F150 2019 Ford F150 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford (Hybrid) Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV City Administration 2021 Ford F150 2010 Ford Explorer 2010 Ford Explorer 2010 Ford F150 2010 Ford F150 2016 Ford F250 2015 Ford Escape 2015 Ford Explorer 2015 Ford F250 2018 Ford F150 2019 Ford F250 2020 Ford F150 2021 Ford Escape Hybrid Fire Administration 2010 Ford F150 2012 Ford Expedition 2013 Ford Explorer 2013 Ford Explorer 2014 Ford F250 2014 Ford Expedition 2016 Ford Explorer 2016 Ford Explorer 2017 Ford F150 2017 Ford F150 17 | RFP 21-CM02 3.1 SERVICE REQUIREMENTS – Included but not limited to the following: • Frame Work Labor • Body Work Labor • Mechanical Labor • Paint Labor • Materials/Supplies • Parts 3.2 TIME REQUIREMENTS – below are from arrival to departure (Priority Service):  Repairs done in a timely manner from the day approval is given by City or insurance agency.  Notification will be made to City fleet maintenance officer if repairs are expected to take longer than 30 days prior to starting job.  All other services “as soon as possible” SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 18 | RFP 21-CM02 SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (page 1 of 2) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The offeror’s cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the “Fixed Cost Per Unit” column below and return with proposal. (See Attached Schedule) 19 | RFP 21-CM02 SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (page 2 of 2) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Body Work for Damaged Vehicles Description Hourly Cost % OFF Frame Work Labor Body Work Labor Mechanical Labor Paint Labor Materials Supplies % off parts Price Match aftermarket to OEM In addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ ________________ Written in words $_______________________________________________________________ • After hours rate $ _________________ Written in words $ _______________________________________________________________ Please describe your hours of operation and how it meets our priority service requirements: ______________________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_____________________________________________________________ Print/Type Title_________________________________________________________________________ 20 | RFP 21-CM02 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vendor shop for evaluation purposes. Location evaluation is determined by proximity to City Hall and Milton Police Department. The City may request short- listed proposers to meet with the City’s Evaluation Committee for evaluation purposes. Proposal Evaluation Criteria: • Ability, Location, Hours of Operation, References, Service 50% Experience, Performance Liability, and City of Milton Experience (if any) • Price (Section 5.0) 50% 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. 21 | RFP 21-CM02 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 22 | RFP 21-CM02 insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ Automobile Body Repair Services Agreement | 20 EXHIBIT “B” MIER3 COLLISION CCNTEP City of Milton 7-16-21 RFP Number; 21-CM02 Premier Collision Center has been able to serve the City of Milton's auto collision repair for the past 3 yrs. In doing so, I do believe that our service for the past years have been above any service that City of Milton has received in the past. My goal is to continue the customer experience going forward. Premier Collision Center has 4 locations that are able to serve any and all needs that City of Milton will require. There are 2 locations that will be best due to proximity being west side Duluth and south end of Cumming. Thank you for allowing Premier Collision Center to be a partner with City of Milton, and look forward to continuing the relationship. S. Hunter Ikerd 770-402-8412 Owner Operator of Premier Collision Center. 2319 Sparta Way - Buford, Ga. 30519 Phone 770-965-9666 Fax 770-965-0650 4468 Abbotts Bridge Rd - Duluth, Ga. 30096 Phone: 770-622-0064 Fax 770-622-0590 ESTARMIED 2006 CITY OF MILTON REQUEST FOR PROPOSALS----] (THIS IS NOT AN ORDER) _._.._-.._......_.-..-- RFP Number: RFP Title: 21-CM02 Auto Body Repair Services Due Date and Time: August 3, 2021 at 2:00 pm FST "Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting fink Number of Pages: 45 should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: July 8, 2021 City of Milton Phone: 678-242-2500 2006 Heritage Walk Off ror E-mail Address: Milton, GA 30004 Website: www.cityofmiltongaus INSTRUCTIONS TO CONSULTANTS Electronic Submittal: "Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number. 21-CM02 BidNet procurement portal/platform Name of Company or Firm at www.cityofmilton�ga.us Special Instructions: Deadline for Written Questions If you have not registered as a July 20, 2021 by 5:00 PM vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any Submit questions online via the BidNet potential bid opportunities with the Direct procurement portal at City of Milton as well as other www•cityofmil#onga.us agencies who are part of the Georgia Purchasing Group. IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: P et4-^,' er C o f k- SJON 69 -vv" 5. R u.n4ed^ Z k e4 -ek b ? 14 b be ft's 6 +^/re- R-vad IJ_1w�h,&A, 3004-7 Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: - 02. 91112L 0- 00 eror Federal I.D. Number: Off ror E-mail Address: � -2 2 2 h' ce d A Preiii,e-r-cyU f .x w(fV OFFERORS MUS -f RETURN THIS COVER SHEET WITH RFP ItESOONSE i 11W1* 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info,4dtyofmi1ton9a.us I www.cityofrniltonga.us 0000 5 1 RFP 21-CM02 "Ilk ESTABLISHED 20 RFP# 21-CM02 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM02) Auto Body Repair Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company, I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature % Z L p Date 7 Print/Type Name u Vt P�V`Ct C Print/Type Company Name Here Pee I"tV" Co a±_j 1,per( 6 1 RFP 21-CM02 IS ADLISI IED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1306(-12-2 eVerify Number 5--20ty Date of Authorization ��Py-- � l� 4 Sk.�O✓L l.tU in.�i� Name of Contractor Auto Body Repair Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _._, L, 20 in &Acity), Slgn re of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEF RE ME ON THIS THE AY OF ,20z/ N Y Punic [NOTARY SEAL] My C4TthM Expires: -Gwinnett county, Georgia _ My commission Expires November 0, 2021 5 --me - M IE1, COLLISION CENTER To whom it may concern; Premier Collision Center has been in service family owned and operated since 1996. - Hours of Operation: Monday - Friday 8:00am to 5:30pm - ICAR Gold: Gold status - ASE Certified - All makes and models of vehicles are welcome for repairs Early Bird & or Late drop box available with secured key box. - We have 4 locations to better serve our customers: 1) 4468 Abbott's Bridge Rd. Duluth, Ga. 30097 Ph: 770-622-0064 2) 2319 Sparta Way Buford, Ga. 30519 Ph: 770-965-9666 3) 2350 Industrial Park Blvd, Cumming Ga 30041 Ph: 770-889-1331 4) 5235 Maysville Rd, Commerce Ga 30529 Ph: 678-649-1717 Company email: hikerd(&premiercollisioncenter.net and or 120t(&premiercollisioncenter.net - All locations fully staffed with Estimators, Body Technicians, Paint Technicians, and Detail Technicians. �a2 Sig ature: ate: S. Hunter Ikerd 770-402-8412 hikerd@premiereollisioncenter.net 2319 Sparta Way - Buford, Ga. 30519 Phone 770-965-9666 Fax 770-965-0650 4468 Abbotts Bridge Rd - Duluth, Ga. 30096 Phone: 770-622-0064 Fax 770-622-0590 4 1 RFP 21-CM02 ESTAUISHID 27 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror pipe m 4. r Co I r ; _S t,en e"k, , Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 18 ( RFP 21-CM02 TO IINJI LSTABLISI [ED 2006 SECTION 5: COST PROPOSAL - Return with Proposal in a Separate File (page 1 of 2) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE The offeror's cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the "Fixed Cost Per Unit" column below and return with proposal. (See Attached Schedule) 19 j RFP 21-CM02 SECTION 5: COST PROPOSAL - Return with Proposal in a Separate File (page 2 of 2) MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE Body Work for Damaged Vehicles N0N- xr vn L /1lDa1 Description Hourly Cost % OFF Frame Work Labor d5 —Body Work Labor k Mechanical Labor Paint Labor © — Materials Supplies fi % off parts A Price Match aftermarket to OEM Ye In addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ Written in words Cw-V'00 7 rhat iC ret fr-j After hours rate $ Apr k Written in words $ i`S Coc. n 4 Po-rjf lop, '-14446 Please describe your hours of operation and how it meets our priority service requirements: r' a qu4 Y., 00 -, 5f30 Print/Type Company Name Here: _pjrW �'�'_i� �� Ih' S k2y% ��—> � Authorized Signature . Date Print/Type Name pi� Print/Type Title 0 Lk' V1 ACOR" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 07/08/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taunya Foster NAME: Lemming Insurance Agency, Inc. PHONE (770) 390-0888AX (770) 390-0886 A/C No Ext): FAX No): dba Hardegree Insurance Agency E-MAILtaun a hia- a.com ADDRESS: y g P. O. Box 422445 EACH OCCURRENCE $ 1,000,000 INSURER(S) AFFORDING COVERAGE NAIC # Sandy Springs GA 30342 INSURERA: Republic -Franklin Insurance Company 12475 INSURED INSURER B: Utica National Assurance Company 10687 Premier Collision Center, Inc. INSURER C: Utica Mutual Insurance Company 25976 4468 Abbotts Bridge Road INSURER D: INSURER E: PERSONAL&ADV INJURY $ 1,000,000 Duluth GA 30097 INSURER F: COVERAGES CERTIFICATE NUMBER: CL21 (808917 REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDY/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCURPREMISES EACH OCCURRENCE $ 1,000,000 Ea occurrence $ 100,000 X Garage Liability MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 A Y 4680681 08/04/2021 08/04/2022 GEN'L AGGREGATE LIMIT APPLIES PER: XPOLICY ❑ PRO ❑ JECT LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 Automotive Prof E&O $ 10,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y 4673564 08/04/2021 08/04/2022 BODILY INJURY (Per accident) $ X HIRED�/ NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAMAGE $ Per accident X GARAGE GK LOC LIMIT $ 600,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C EXCESS�LIIAB CLAIMS -MADE Y 4679554 08/04/2021 08/04/2022 AGGREGATE $ DED /� RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton is included as Additional Insured in regards to General Liability and Auto Liability. Waiver of Subrogation applies in favor of City of Milton in regards to General Liability and Workers Compensation. Umbrella policy is follow -form to underlying policies in regards to Additional Insured and Waiver of Subrogation. RE: Project - Auto Body Repair Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk I AUTHORIZED REPRESENTATIVE Milton GA 30004 .�1�•4TIi•. ,1n=11J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Automobile Body Repair Services Agreement | 21 EXHIBIT “C” See Exhibits “A” and “B” (&03(*" '034:5) STATE OF COUNTY O_F 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, farm or corporation which is engaged in the physical performance of services under a contract with Premier Collision Center, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-9I. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.&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 City Automobile Body _Repair Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 120 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Automobile Body Repair Services Agreement 1 23 SIA Automobile Body Repair Services Agreement | 24 EXHIBIT “F” RESERVED CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between the City of Milton and GGLeagues, Inc. to Provide Online Gaming Leagues for Youth and Adults MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on August 23, 2021 for the September 6, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement Between the City of Milton and GGLeagues, Inc. to Provide Online Gaming Leagues for Youth and Adults ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers & Facility Use Agreement between The City of Milton and GGLeagues, Inc. Executive Summary: GGLeagues, Inc. is the premier platform built for recreational eSports players and communities. GGLeagues will offer leagues and tournaments for all skill levels in today’s most popular age-appropriate video games to the residents of the City of Milton. This program will offer leagues and tournaments online. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City for all programming offered through the Milton Parks and Recreation Department. Alternatives: If this contract is not approved, staff will continue its search for another eSports provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Outside Providers & Facility Use Agreement between The City of Milton and GGLeagues, Inc. M I LTO.N' k PARKS AND RECREATION 2021 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT GGLEAGUES, INC. THIS IS AN AGREEMENT, made this day of 2021, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and GGLEAGUES, INC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as RECREATIONAL ESPORTS LEAGUES offered VIRTUALLY. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON, up to a cap of $90.00. The entire balance of this surcharae for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 2 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately -owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately -owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations, ordinances, and procedures (Exhibit "C"). 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their instructors and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or instruct programs. 1.19 The CITY may require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. H 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. PROVIDERS shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. 1.24 "Intentionally Deleted" 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 "Intentionally Deleted" 5 Spring Summer Fall Winter Ideal Capacity 20 30 12 12 Previous Season Participation NA NA NA NA Growth Goal for Season 15 20 10 8 1.24 "Intentionally Deleted" 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Training • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 1.26 "Intentionally Deleted" 5 Field Playability "Intentionally Deleted" Bell Memorial Park "Intentionally Deleted" Fulton County School Fields and Cox Road Athletic Complex "Intentionally Deleted" Heat & Hydration Guidelines "Intentionally Deleted" Cold Weather Policy "Intentionally Deleted" 1.27 "Intentionally Deleted" 1.28 The PROVIDER shall be a business that is properly registered with the Secretary of State's office and have a business license issued by the local governing body. C: 1.29 The PROVIDER shall communicate to the Milton Parks and Recreation Advisory Board (PRAB) liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the PROVIDER which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies The Provider shall notify liaisons as soon as the idea for a substantial change is being considered. Upon notification by the PROVIDER, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the PROVIDER, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any), legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the PROVIDER to implement the substantial change. The approval levels are noted as follows: a. The PROVIDER only b. Department Director or his/her designee C. Milton Parks and Recreation Advisory Board d. Milton Mayor and City Council 1.30 Records of the PROVIDER or any members of the PROVIDER, that are prepared and maintained or received by the PROVIDER or any of its members in the course of providing services on behalf of Milton, are "public records" under the Open Records Act. Therefore, such records are subject to production if a request for such records is made under the Open Records Act. In the event that an Open Records Act request is delivered to the City of Milton for PROVIDER records pertaining to the service being provided on behalf of Milton, the City of Milton will require, and the PROVIDER agrees to provide, timely assistance in responding to such request. Upon receiving an Open Records Act request for PROVIDER records, the City of Milton will promptly forward the request to the PROVIDER. All responsive documents shall be provided to the City by the PROVIDER within 24 hours of the City's notification; or, if the records cannot be assembled that quickly, then within 24 hours the PROVIDER will identify what records are responsive and provide the City of Milton with a list of such records and a timeline for when the requested documents will be assembled and provided. Delivery of the Open Records Act request from the City to the PROVIDER may be delivered via email, or phone call. All Open Records request responses shall be emailed to the Director of Parks & Recreation or his designee (if specified in the communication relaying the request). ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 2.6 "Intentionally Deleted" Scoreboard control boxes may still be used under the following guidelines: "Intentionally Deleted" ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, to the CITY within 30 days of the close of registration for each program. The list shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non-residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the PROVIDER. The PROVIDER is responsible for identifying participants who have received a scholarship such that they are not included on the City registration commission invoice. After the City has verified residency of participants, the City will issue an invoice to the PROVIDER for registration commissions and non-resident fees payable to the City and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. 4.4 PROVIDER is not allowed to require an admission fee or a parking fee to any PROVIDER event. For special tournaments and events, a team registration fee may be collected. The PROVIDER must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 10 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities: and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, 12 commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act: Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, PROVIDER, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations of the laws cited above, and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 13 ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representatives) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between THOMAS RHODES for the CITY and Erich Bao for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally 14 delivered, or (2) on the third day after the postmark date when mailed by certified mai►, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Erich Bao 154 Palm Blvd Missouri City, TX 77459, USA 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. In the event of any conflict among the terms and conditions contained in this Agreement and the Facility Use Agreement, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for 16 any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'S own program is allowed but requires coordination with and written consent of the Department. PROVIDER must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The City reserves the right to require liability waivers, proofs of insurance, or other forms of protection from outside participants as a condition of consent to such events. 10.18 The PROVIDER is specifically not permitted to sublet facilities to any individual or organization. The PROVIDER'S Facility Use Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 10.19 The PROVIDER is allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for the PROVIDER to assist the City in funding capital projects benefitting the parks and facilities they use. The PROVIDER is not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization or individuals and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented shall be discussed with and approved by the Department Director or his/her designee. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the City property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 10.20 If damage to a field or facility occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions, damage to flooring, etc.) by the PROVIDER, the City will require the PROVIDER to pay for any and all costs necessary to repair the damaged area. The use of any form of metal cleats is strictly prohibited on the artificial turf fields. 10.21 PROVIDERs are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes all facilities, playing areas, walkways, restrooms, concession stands, dugouts, etc. 17 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: TAMMY LOWIT, CITY CLERK ATTEST: Print: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: �2GC./L UCd Print: Erich Bao - President/Vice President (Corporation) - r nership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) 18 Fall Esports Leagues Fall League Details Registration opens (tentative dates): 07/24/2021 - 7/31/2021 Registration end date: • For partners taking registration through their department: 09/22/2021 • For partners taking registration through GGLeague: 9/29/2021 Leagues launch: Week of 10/4/2021 Leagues end: Week of 11/8/2021 Cost per person $30 per pass Games offered Madden21 • Xbox • PlayStation Rocket League (Beginner or Competitive) • 1v1 • 3v3 Fortnite • 1v1 • 2v2 Super Smash Bros Age Divisions All games will have the following age divisions: Youth: 8-12 Teen: 13-18 Adult: 18 years and older Schedule Monday Game: Madden 21 System: PS4 with Playstation Plus Subscription Registration closes: 8/22 Day of the Week/Start Date: Monday, October 4th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:OOpm-10:OOpm (Adult Division: 18+) Game: Madden 21 System: Xbox One with Xbox Live Subscription Registration closes: 9/22 Day of the Week/Start Date: Monday, October 4th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Tuesday Game: Fortnite 1v1 System: PC, Nintendo Switch, Playstation, Xbox Registration closes: 9/22 Day of the Week/Start Date: Tuesday, October 5th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Wednesday Game: Rocket League 1v1 Skill level: Beginner System: PlayStation, Xbox, PC, Nintendo Switch Registration closes: 9/22 Day of the Week/Start Date: Wednesday, October 6th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Game: Rocket League 1v1 Skill level: Competitive System: PlayStation, Xbox, PC, Nintendo Switch Registration closes: 9/22 Day of the Week/Start Date: Wednesday, October 6th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Game: Rocket League 3v3 Skill level: Competitive System: PlayStation, Xbox, PC, Nintendo Switch Registration closes: 9/22 Day of the Week/Start Date: Wednesday, October 6th Requirements: Teams must come registered with a TEAM OF 3 or the city can assign the players to a team Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Game: Rocket League 3v3 Skill level: Beginner System: PlayStation, Xbox, PC, Nintendo Switch Registration closes: 9/22 Day of the Week/Start Date: Wednesday, October 6th Requirements: Teams must come registered with a TEAM OF 3 or the city can assign the players to a team Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:OOpm-10:OOpm (Adult Division: 18+) Thursday Game: Super Smash Bros System: Nintendo Switch with Nintendo Switch Online Subscription Registration closes: 9/22 Day of the Week/Start Date: Thursday, October 7th Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:00pm-10:00pm (Adult Division: 18+) Game: Fortnite 2v2 System: PC, Nintendo Switch, Playstation, Xbox Registration closes: 9/22 Day of the Week/Start Date: Friday, October 8th Requirements: Teams must come registered with a TEAM OF 2 or the city can assign the players to a team Time and Age Division: 7:OOpm-8:OOpm (Youth Division: 8-12) 8:OOpm-9:OOpm (Teen Division: 13-18) 9:OOpm-10:OOpm (Adult Division: 18+) EXHIBIT "C" City of Milton Parks Ordinances & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25 10-1(a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 21 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237, § 1, 3-16-2015) PARK/FACILITY REGULATIONS 1. Programs conducting youth activities on City facilities must have an appropriate number of adults supervising the activities conducted by the Program from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of a Program must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Programs must enact and enforce a policy of ZERO tolerance for abusive behavior while at a Program event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. All Programs are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Program is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 22 4. Program representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.McKlveen@cityofmiltonga_us 23 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this offidovit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present on 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: OA eVerify #Nu1m/b�er I v //\ Date of Authorization Le�Gvx-S Name ofXC`ontrac r N/A Name of Project City of Milton, GA Name of Public Employer 24 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on �� S, 202\ in �\OS (city), A1C (state). Signature of Authorized Officer or Agent C=1 \C—\.e\3Qiv —GEC) Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Q D OF _,2021 NOTARY PUBLIC (NOTA��1CS��n��, h• Z. Of ��+ti� • �lr��� CO• EXP - 111111,181111110 My Commission Expires:�- OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and GGLEAGUES, INC the "PROVIDER." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: 1. The PROVIDER agrees to provide a youth sports program (organized league play), to wit RECREATIONAL ESPORTS LEAGUES as a service for the City in accordance with applicable policies and procedures for youth sports providers operating on City property or City leased facilities. 2. The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this agreement. 3. The City hereby authorizes the PROVIDER to use fields and facilities as listed below: NA The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM AM,6TO kO AM/ l) SATURDAYS: FROM AM/PM TO AM/PM SUNDAYS: FROM AM/PM TO AM/PM DATES: 26 4. In consideration for the usage of the facilities, the PROVIDER agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 6. "Intentionally Deleted" 7. The PROVIDER agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 8. The PROVIDER shall ensure that its instructors satisfy the certification and training requirements set forth in Exhibit B. INITIALED: P- 9. PROVIDER shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the PROVIDER without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 10. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 11. The PROVIDER shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 27 12. It is the understanding of the City and the PROVIDER that nothing contained in this agreement shall be interpreted to assign to the PROVIDER any status under this agreement other than that of an independent PROVIDER. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the City and the City will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVIDER NAME: GGLeagues ADDRESS: 154 Palm Blvd CITY/STATE/ZIP: Missouri City, TX 77459 PHONE: 832-788-8296 WEBSITE: www.ggleagues.com EMAIL: erich@ggleagues.com CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmiltonga.us 15. This agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the PROVIDER in the execution of the terms of this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. The PROVIDER may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 19. The PROVIDER agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 20. The PROVIDER will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 22. The PROVIDER acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the PROVIDER under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the PROVIDER is subject to the Open Records and Open Meeting laws of the state of Georgia. The PROVIDER agrees to comply with those laws. To the extent that the PROVIDER is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The PROVIDER further agrees that all books and records of the PROVIDER shall be made available to the City of Milton as and when requested for review or audit. 23. City shall have the right to terminate this Agreement upon failure of PROVIDER to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide PROVIDER with a written notice specifying PROVIDER's failure to perform, and providing PROVIDER with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that PROVIDER fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, PROVIDER shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the PROVIDER, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, PROVIDER shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the PROVIDER, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City. I understand that failure of the PROVIDER or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. PROVIDER: By: CIIQZc� UGC President Name: Erich Bao (Typed or Printed) Date: 07/14/2021 Attest: PROVIDER Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] 31 CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports. Advanced level team: a. A team where there is a tryout and a player is "cut" if they are not offered a spot on the team b. A team or program where there is a tryout and participants are placed on one of many teams based on their skillset/ability (an "A" level team, "B" level team, etc.) GUIDELINES: A. Open, advertised tryouts must be held prior to advanced level team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Milton residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. INITIALED: EB 32 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] PROVIDER must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The PROVIDER may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: NA ACCEPTABLE COACHING CERTIFICATIONS: NA 33 / 1 ® A`oRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HISCOX Inc. CONTACT NAME: PHONE ($g$) 202-3007 (AA IC, No): 520 Madison Avenue 32nd Floor E-MAIL ADDREss: contact@hISCOX.COm New York, NY 10022 INSURERS AFFORDING COVERAGE NAIC N INSURER A: Hiscox Insurance Company Inc 10200 INSURED GGLeagues 73 W Monroe St INSURER B: INSURERC: CLAIMS -MADE u OCCUR 217 INSURER D: INSURER E Chicago, IL 60603 INSURER F DAMAGE TO REM SES Ea occu RENTED ncs $ 100,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR PE OF INSURANCE TYF ADDL SUER POLICY NUMBER MOIDD/YYYY POLICY EXP MMIDDM/YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE u OCCUR DAMAGE TO REM SES Ea occu RENTED ncs $ 100,000 -PREMISES MED EXP (Any one person) $ 5,000 X Primary & Noncontributory PERSONAL & ADV INJURY $ 1,000,000 A Y Y UDC -4455244 -CGL -21 04/07/2021 04/07/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PE O- LOC PRODUCTS -COMP/OP AGG $ SIT Gen. Agg $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED _._ AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N OTH- STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVEF__]E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If yes, deSGlThe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Milton is additionally insured. CERTIFICATE HOLDER CANCELLATION City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE it @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Purchase Agreement with Ten-8 Fire & Safety, LLC, for the Purchase of a Rescue-Ambulance MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X To: Honorable Mayor and City Council Members From: Gabe Benmoussa, Fire Chief Date: Submitted on August 18, 2021 for the September 8, 2021 Agenda Item: Approval of a Purchase Agreement with Ten-8 Fire & Safety, LLC, for the Purchase of a Rescue-Ambulance _____________________________________________________________________________________ Project Description: The Milton Fire-Rescue Department currently operates a rescue-ambulance as one of its frontline apparatus. The unit is a critical link in the provision of emergency medical services for the residents and visitors to the City of Milton. The current unit has been in service since 2014 and is one of the most-used vehicles in our fleet. Based on usage, the unit was scheduled for replacement in FY21 and this was factored into the City’s capital vehicle replacement plans. The department conducted an RFP based on specifications designed by a committee of our emergency medical personnel and Ten-8 Fire & Safety, LLC was selected for award of the contract. Once we take delivery of the unit, the current ambulance will rotate into reserve status (we currently use a non-transport SUV as our backup rescue). Procurement Summary: Purchasing method used: RFP Account Number: 300-3510-542202000 Requisition Total: $297,917.00 Financial Review: Bernadette Harvill, August 18, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 4, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Purchase Agreement 1 PURCHASE AGREEMENT This Agreement (“Agreement ”) is made and entered into this______ day of _________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the “City”), and Ten-8 Fire & Safety, LLC, a Florida limited liability company, having its principle place of business at 2904 59th Avenue Drive East, Bradenton, FL, 34203 (herein after referred to as the “Con tractor”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, the Milton Fire Department seeks to purchase one (1) 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue in accordance with predetermined specifications; and WHEREAS, Contractor has represented that it is capable of delivering a Rescue apparatus with transport capabilities meeting the City’s and required KKK-A-1822-F Certification specifications and desires to supply the apparatus under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for an d in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Purchase Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” –Scope of Work Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. Contractor agrees to deliver one (1) 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue in compliance with the requirements set forth in Exhibit “A” (the “Work”). Unless otherwise stated in Exhibit “A” (the “Scope of Work”), the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary. 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. The apparatus shall be delivered as specified in the Scope of Work, F.O.B. City’s specified facility with all delivery charges are included in the Contract Price. Section 3. Contract Term; Termination. Contractor shall complete and deliver the Work within t welve (12) months from the issuance of a purchase order by City (delivery date anticipated to be on or before September 30, 2022). Contractor understands that time is of the essence with respect to the delivery date of the apparatus. The term of this Agreement shall commence as of the Effective Date and shall terminate upon completion of the Work (including acceptance of any testing performed on the apparatus by the City), and payment to Contractor (provided that certain obligations will survive termination/expiration of this Agreement) (the “Term”). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Contractor’s breach of this Agreement, Contractor shall be entitled to payment for Work perform ed to date and shall reimburse the City for the 2 Contract Price less the cost of all such Work. As required by O.C.G.A. § 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of City on December 31, 2021 and shall automatically renew on January 1, 2022 with all provisions continuing in force, absent City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to the end of the then current calendar year. The Agreement shall then fully terminate upon completion of the Work and payment for the Work. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. No claim for additional compensation or extension of time shall be recognized unless contained in a written change order duly executed on behalf of the City and the Contractor. Notwithstanding the foregoing, a change to the Work herein shall not result in a variance in price exceeding ten percent (10%) of the Contract Price. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work shall be the lump sum of $297,917.00. (the “Contract Price”), except as outlined in Section 4 above. Contractor shall provide an invoice to City within 30 days prior to delivery of the ambulance. City shall pay the Contract Price within ten days from date of delivery and final acceptance of the ambulance. Section 6. Covenants of Contractor. A. Contractor’s Reliance on Submissions by City. Contractor is entitled to rely upon specifications provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. B. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. C. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor agrees that while Pierce Manufacturing is the contemplated manufacturer of the pumper truck apparatus and may provide and pass through separate end-user warranties on the apparatus for the benefit of the City, Contractor is contractually responsible to the City for the requirements in Exhibit “A”. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. D. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. E. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts described below and in Exhibit “A”, as evidenced by a certificate of insurance shown on Exhibit “B”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors (including, 3 D. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. E. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts described below and in Exhibit “A”, as evidenced by a certificate of insurance shown on Exhibit “B”, attached hereto and incorporated h erein by reference. Contractor shall also ensure that any subcontractors (including, without limitation, Pierce Manufacturing) are covered by commercially reasonable insurance policies. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor’s Work and that the City and its officials, employees or agents are named as additional insureds. Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage, and shall require the same notice to the City in all subcontractor contracts. F. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor’s state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement . Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement , or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee-number category designated below is applicable to Contractor. __ _ 500 or more employees. __X__ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 4 G. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase requ est, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-Contractor under a contract to the prime Contractor or higher tier sub-Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. H. Title. Contractor shall execute and deliver a bill of sale or such other instruments of transfer, conveyance, and assignment, and will take such other actions as City may reasonably request, to effectively transfer, convey, and assign to and vest in City, clear title to all or any portion of the pumper apparatus. I. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. J. 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, Cont ractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement , including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venu e of such court . Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement , or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement , shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when 5 sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. G. Force Majeure. Contractor shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Contractor’s control which make Contractor’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, including transportation or delivery losses outside of Contractor’s control, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required licenses or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. IN WITNESS WHEREOF, City and Contractor have executed this Agreement , effective as of the Effective Dat e first above written . [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Ten -8 Fire & Safety, LLC Signatur Print Name: 2ICOtt i 6 v ISCL . Title: Member/Manager Attest/Witness: Signature: Print Name: Title: f)F-tCQ 9" 1A-XAG0Z- Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] 0 EXHIBIT “A” TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-FD03 RFP Title: 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue Due Date and Time: July 13, 2021 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 64 ISSUING DEPARTMENT INFORMATION Issue Date: June 17, 2021 City of Milton Fire-Rescue Department 13690 Highway 9, Bldg. A Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Electronic Submittal: **Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Proposal File/Package: RFP Number: 21-FD03 Name of Company or Firm Special Instructions: Deadline for Written Questions June 29, 2021 by 5:00 p.m. Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING: Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-FD03 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 3 | RFP 21-FD03 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 4 | RFP 21-FD03 City of Milton RFP 21-FD03 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-FD03), 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue Department. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 5 | RFP 21-FD03 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue 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: _________________________________ 6 | RFP 21-FD03 SCHEDULE OF EVENTS Task Date Issue RFP June 17, 2021 Deadline for Questions June 29, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, July 6, 2021 Proposals Due By 2:00 p.m. EST on July 13, 2021 Award Contract August 16, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us ) FOR ADDENDA AND SCHEDULE UPDATES. 7 | RFP 21-FD03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified vendors for a Rescue with transport capabilities that meet KKK-A-1822-F Certification. All vendors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Vendor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions online via the City’s procurement portal, BidNet Direct, at www.cityofmiltonga.us on or before 5:00 PM (EST) on June 29, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about July 6, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . 8 | RFP 21-FD03 Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Offeror must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal: 9 | RFP 21-FD03 a. No more than forty (40) pages • Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Include Drawings (interior & exterior) c. Minimum of 11-point font d. Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Offerors will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Professional at the expense of the Professional or destroyed if requested. 1.5 PROFESSIONAL'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 10 | RFP 21-FD03 B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected offeror fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. 11 | RFP 21-FD03 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among vendors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in 12 | RFP 21-FD03 the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offeror outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors 13 | RFP 21-FD03 should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Professional’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 14 | RFP 21-FD03 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 | RFP 21-FD03 SECTION 3: SCOPE OF SERVICES 3.0 PURPOSE The purpose is to provide minimum specifications and test parameters for the manufacturing of an emergency medical care vehicle that meets the needs and desires of the Milton Fire-Rescue Department. It establishes essential criteria for the design, performance, equipment, and appearance of the vehicle. All dimensions listed are given as the approximate sizes required to meet the needs of our department. The objective is to provide a vehicle that is in accordance with nationally recognized guidelines. All vendors and manufacturers must meet all state and local regulations regarding the manufacturing, licensing, and sale of emergency rescue vehicles and ambulances within the state of Georgia. The Emergency Medical Vehicle described in the specification below is designed to meet or exceed the requirements of Ford Motor Company’s QVM Program, Federal Ambulance Specification KKK-A-1822F, and Ambulance Manufacturers Division (AMD) standards. 3.1 INSTRUCTIONS The specification covers a new, commercially built surface emergency medical care vehicle referred to as an ambulance. The ambulance shall be in accord with the Ambulance Design Criteria of the National Highway Traffic Administration and the U.S. Department of Transportation. This proposal specification is based on the Federal Ambulance Specification KKK-A-1822F. 3.2 WARRANTY The successful manufacturer shall provide a thirty-six (36) month/36,000-mile conversion warranty on the vehicle. The warranty shall cover the complete vehicle and shall include all costs for labor and parts or materials that are required to correct any and all deficiencies. There shall be a five-year (5)/100,000-mile NON-PRORATED Modular Paint Warranty. There shall be a six-year (6)/72,000-mile electrical system warranty. There shall be a lifetime modular body structure warranty. The lifetime structural warranty period shall also remain in effect should the modular body be remounted onto a new chassis. This remount must be performed at a service center authorized by the original manufacturer. 16 | RFP 21-FD03 3.3 WARRANTY SURETY To ensure quality, service, and full compliance to the above warranties, the ambulance manufacturer must construct the complete vehicle, with the exception of the chassis. Additional elements constructed and installed "in house" are required to ensure service and parts availability. Subcontractors or lease/rental agreements to outside agencies will fail to meet this requirement. NO EXCEPTIONS WILL BE ALLOWED. • The ambulance manufacturer shall act as the prime contractor to: Construct the modular body; and • Apply paint; and • Construct and install the interior cabinets; and • Assemble, install, and test the wiring harnesses, circuit boards and 02 systems; and assemble and install the upholstery for seat cushions, head pads and backrests. 3.4.0 SPECIFIC SCOPE OF SERVICES (listed below) 3.4.1 AMBULANCE SPECIFICATION: 2022 156" TYPE I : 2022 Ford “F-550” Super Cab w/ 4WD 1.1 VEHICLE AND WHEELBASE 2022 Ford F-550 Super Duty XLT Super Cab chassis with Auto Shift 4-wheel drive and dual rear wheels, 192-inch wheelbase, 84-inch cab to axle, Ford Ambulance prep package 47A. COMPLY? ……………………………………… YES _____ NO _____ 1.2 ENGINE Ford 6.7-liter Power Stroke Turbo Charged V-8 Diesel with OEM engine block heater. COMPLY? ……………………………………… YES _____ NO _____ 1.3 AUXILIARY POWERTRAIN CONTROL (APC) The Ford OEM APC module shall be standard. The APC Module is to be programmed in the “Charge Protection” mode. When the vehicle is in park, service brake disengaged, and the parking brake is set, the APC module shall electronically adjust the engine idle (up or down) to maintain proper electrical system voltage. COMPLY? ……………………………………… YES _____ NO _____ 17 | RFP 21-FD03 1.4 GAUGES AND METERS Speedometer, odometer, fuel gauge, temperature, oil pressure, digital voltmeter, engine hour meter COMPLY? ……………………………………… YES _____ NO _____ 1.5 SPRINGS / AXLE RATINGS & SHOCKS Maximum GVWR – 18,000 lbs GVWR Front: Monobeam with coil springs, shock absorbers and stabilizer bar. Rear: Compressible Liquid Adaptive Suspension System for an F-550. A DS147FS3 shall be installed in place of Ford OEM leaf spring suspension. COMPLY? ……………………………………… YES _____ NO _____ 1.6 STEERING Power steering with tilt wheel and cruise control. COMPLY? ……………………………………… YES _____ NO _____ 1.7 BRAKES Heavy duty, hydro-boost assisted type 4-wheel anti-lock disc brake system. COMPLY? ……………………………………… YES _____ NO _____ 1.8 TRANSMISSION Torqueshift ™ w/ SelectShift 10-speed transmission with external oil cooler. COMPLY? ……………………………………… YES _____ NO _____ 1.9 AXLE, REAR 4.10 gear ratio w/ limited slip axle. COMPLY? ……………………………………… YES _____ NO _____ 1.10 FUELTANK Single tank w/ 40-gallon capacity. COMPLY? ……………………………………… YES _____ NO _____ 1.11 WHEELS AND TIRES Seven (7) 225/70R19.5G Steel Belted Radial tires, BSW all season tread. Aluminum wheels with valve stem extensions will be provided. The valve stem extensions are to be solid lines that are held in place with stainless steel brackets. These brackets are to be located in such a way as to provide easy access to both the inside and outside rear tires valve stems for the checking of tire pressure and for the addition of air when required. 18 | RFP 21-FD03 COMPLY? ……………………………………… YES _____ NO _____ 1.12 BATTERIES Two (2) 750 CCA batteries mounted in the engine compartment wired parallel in OEM configuration that complies with Ford QVM and KKK-A-1822-F requirements. Batteries will be wired so that the two (2) batteries under the hood will always be used for starting and controlled by a 300-amp power cut off switch. The power cut off switch circuit shall be protected by a 250-amp fuse. The Ford ignition key activates the cutoff switch. Power can be provided to the module without the engine running by turning the ignition key to accessory position. COMPLY? ……………………………………… YES _____ NO _____ 1.13 ALTERNATORS Dual Ford OEM alternators with internal regulators and a total combined output of 397 amps. COMPLY? ……………………………………… YES _____ NO _____ 1.14 WINDOWS, CAB Tinted safety glass is installed in all exterior windows. Ford OEM power operated windows. COMPLY? ……………………………………… YES _____ NO _____ 1.15 WINDSHIELD WIPERS Two-speed electric with washer and adjustable intermittent cycle. COMPLY? ……………………………………… YES _____ NO _____ 1.16 SEATS, DRIVER'S COMPARTMENT Deluxe vinyl covered OEM High Back Captain’s Chairs, seat belts and shoulder harnesses. The Ford OEM cab seats must be the seats installed and shipped with the chassis by Ford and have the correct Ford prescribed serial number. The Ford OEM seat pedestals shall be located in the mounting location as determined by Ford. Any changing of the Ford OEM Seats, mounting pedestals or location thereof is absolutely prohibited. COMPLY? ……………………………………… YES _____ NO _____ 1.17 HEATER AND AIR CONDITIONER OEM heavy duty, high output. COMPLY? ……………………………………… YES _____ NO _____ 19 | RFP 21-FD03 1.18 COOLING SYSTEM, ENGINE Heavy-duty liquid system using a 50/50 mix of permanent type antifreeze and water for protection to -40 Fahrenheit. COMPLY? ……………………………………… YES _____ NO _____ 1.19 MIRRORS, OUTSIDE OEM heated mirrors with power adjustment and built-in 2” x 6” convex mirrors, dual direction breakaway mounting arms with telescoping width adjustment. COMPLY? ……………………………………… YES _____ NO _____ 1.20 TRIM PACKAGE, CAB XLT Trim Package; Aluminum wheels, chrome front bumper and grill. Color keyed door trim with map pockets, rubber floor mat, padded sunvisors, courtesy and dual dome lights, AM/FM Stereo Radio w/ CD & Clock w/ dual cab speakers. Power door locks, cruise control, tilt steering wheel, and power adjustable brake and accelerator pedals. COMPLY? ……………………………………… YES _____ NO _____ 1.21 RUNNING BOARDS AND MUD FLAPS Heavy-duty aluminum Diamond Plate running boards will be installed from the back of the front wheel opening to the front of the module box. They will include mudguards to protect the chassis and module. Rubber mud flaps will be installed behind the dual rear wheels. COMPLY? ……………………………………… YES _____ NO _____ 1.22 MISC. CHASSIS ITEMS Jewel effect daytime running headlights, dual pitch horn, reduced sound level exhaust, OEM standard undercoating, step-well pad and factory supplied jack and tire tools, dual air bags. COMPLY? ……………………………………… YES _____ NO _____ 1.23 REMOTE ENTRY Remote Entry & anti-theft with two (2) key FOB’s shall be included. COMPLY? ………………………………………. YES _____ NO _____ 3.3.2 MODULE CONVERSION 2.1 DIMENSIONS, EXTERIOR Overall vehicle length 313.0 inches Overall vehicle height 111.0 inches 20 | RFP 21-FD03 Overall module body length 156.0 inches Overall module body height 91.0 inches Overall module body width 96.0 inches COMPLY? ……………………………………… YES _____ NO _____ 2.2 DIMENSIONS, INTERIOR Length forward door to rear door 150.0 inches Width interior wall to wall 90.0 inches Width of aisle 49.0 inches Height floor to ceiling 72.0 inches Loading height 34.5 inches (Meets KKK and NFPA requirements) COMPLY? ……………………………………… YES _____ NO _____ 2.3 GENERAL CONSTRUCTION The entire body will be a welded and SEAMLESS one-piece body. The entire perimeter and around all openings of the body shall be fully welded and ground smooth thus eliminating any joints or seams. The use of tongue and groove method of construction that requires the use of a seam sealer is not acceptable. This is to prevent the cracking of paint at these areas resulting in a buildup of road dirt and grime and the eventual development of corrosion along the tongue and groove seams. COMPLY? ……………………………………… YES _____ NO _____ The aluminum skin, the roof and side panels, shall be permanently fastened to the framework using Lord 406/19 Acrylic Adhesive. Adhesive is applied to the sidewall skin to prevent warp age, oil canning and metal deflection associated with the welding of the sidewall skin to the structural framework. The use of double back adhesive tape is prohibited to eliminate the possibility of the adhesive tape failing to maintain a bond to the external skin. COMPLY? ……………………………………… YES _____ NO _____ The body wall skin shall be of prime commercial quality .125" thick 3003 H14 corrosion resistant aluminum. All side and roof panels shall be .125” thick. The use of side and roof panels that are of a lesser thickness is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ The roof panel shall be a single sheet of aluminum. Covering the roof of the exterior body with sectional pieces of aluminum panels is prohibited. This is to eliminate the necessity for joints or seams where these panels join. COMPLY? ……………………………………… YES _____ NO _____ 21 | RFP 21-FD03 The wall and roof support framework shall be .125" 6061-T6 extruded aluminum box beams and extrusions spaced on 12" centers or less. There shall be no frame members spaced at a distance no more than 12”. The roof support framework shall additionally include .125” 6061-T6 extruded 1” x 2” aluminum box beams running the full length of the roof. The frame and skin shall be fully welded with no rivets. COMPLY? ……………………………………… YES _____ NO _____ The exterior of the body will be finished smooth with 45-degree SEAMLESS beveled extruded corners presenting a modern and dynamic appearance. The outer wall thickness of the extruded corners shall be .250” to provide additional protection at all corners. The body will be designed and built to provide impact and penetration resistance, with appropriate channel reinforcing to assure rigidity. COMPLY? ……………………………………… YES _____ NO _____ All parts of the body and attachments will be fastened together with rust resistant fasteners in a manner that will preclude loosening of any bolts and screws, and the cracking of welded joints. The exterior body panels will be made of not less than 0.125" thick metal and be reinforced at all points where equipment will be attached. COMPLY? ……………………………………… YES _____ NO _____ The body will be a bolted and welded structure. Welding will not however, be employed in the assembly of the body in a manner that will prevent the ready removal of any component part for service or repair. COMPLY? ……………………………………… YES _____ NO _____ In the assembly of the body, areas where steel is in contact with aluminum, there shall be butyl rubber isolator pads installed. This pad provides corrosion and water resistance. COMPLY? ……………………………………… YES _____ NO _____ All fasteners, bolts, screws, etc used in the assembly of the body and all attachments shall be coated with the “ECK” brand corrosive protectant. Additionally, all exterior door hinges, both entry and compartment, are to be coated with “ECK” protectant prior to the installation of the door. This “ECK” coating is to be used in lieu of a gasket material behind the hinge to prevent the problems of gasket retention and deterioration. COMPLY? ……………………………………… YES _____ NO _____ 22 | RFP 21-FD03 2.4 ROOF The roof surface shall be SEAMLESS and CROWNED and of ONE PIECE of .125" aluminum (3003-H14). The use of any type of sealer or caulking material is strictly forbidden. There shall be no lip or protrusion on the roof that could result in the entrapment of any water or moisture. COMPLY? ……………………………………… YES _____ NO _____ The perimeter of the roof shall be constructed of 45-degree SEAMLESS beveled extrusions that eliminate any lip or protrusion providing a smooth finish. The outer wall thickness of the roof perimeter extrusions shall be .250” to provide additional protection at all perimeter corners. COMPLY? ……………………………………… YES _____ NO _____ The roof under structure will be fabricated from extruded aluminum box beams (6061-T6). The under structure will be constructed by welding 1” x 2” x .125” box beams lengthwise and by welding 2" x 2" x .125" box beams, spaced on 12" centers or less, crossways forming a cross sectional grid roof support framework. The complete roof will be treated with a sound-deadening barrier. The roof panel shall be fully perimeter welded and adhesive bonded to the roof under structure with Lord 46/19 Acrylic Adhesive. The use of skip or intermittent welding of the roof perimeter is unacceptable. COMPLY? ……………………………………… YES _____ NO _____ 2.5 SIDE WALLS The body sidewall skin shall be constructed of .125" aluminum (3003 H14). The sidewall under structure will be fabricated by welding 2" x 2" x .125" extruded aluminum box beams vertically, spaced no further than on 12" centers. The vertical tubing will join and be welded to roof supports (2" x 2" x .125" extruded aluminum box beams) to form an interlocking grid between the sidewall and the ceiling. The complete sides will be treated with a sound-deadening barrier. The body sidewall skin shall be fully welded around the entire perimeter and all body openings and adhesive bonded to the sidewall framework with Lord 406/19 Acrylic Adhesive. COMPLY? ……………………………………… YES _____ NO _____ All body openings shall be seamless. Body openings framed with tongue and groove style extrusions requiring the use of seam sealer will not be acceptable. COMPLY? ……………………………………… YES _____ NO _____ 2.6 FLOOR SUB-STRUCTURE The floor shall be at the lowest level permitted but not more than 35 inches from the ground. 23 | RFP 21-FD03 COMPLY? ……………………………………… YES _____ NO _____ The floor sub-structure shall consist of two (2) 1/4” walls 2” x 2” aluminum tubes running at the outer edge for the full length of the floor and the chassis frame rails. There shall then be fourteen (14) 1 ½” x 1 ½” x ¼” walls 1 ½” x 2" aluminum tubes running the width of the floor and fully welded to the outer tubes. This sub-structure frame is to mount on top of the Chassis frame rails via the ten (10) OEM Pucks. Two (2) Full-Length Plates measuring ¾” x 6” shall be welded to the underside of the 1 ½ x 1 ½ tubes, one left and one right. The outer edges of these plates shall be welded to the 2 x 2 primary box beams. These plates shall be bolted, via OEM rubber mounts, to gusseted steel brackets bolted to the OEM frame. There shall be ten (10) rubber mounts attaching the body to the frame. COMPLY? ……………………………………… YES _____ NO _____ 2.7 EXTERIOR COMPARTMENT CONSTRUCTION Compartments provided on the unit will be constructed as follows: The compartment floor will be fabricated of .125 diamond plate aluminum (3003-H14) and the ceiling and bulkheads of .100 diamond plate aluminum (3003-H14). All compartment floors will be reinforced with two 1x2 aluminum bars on the underside of the floor. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartments will be sweep out style to provide for ease of cleaning. Drain holes are not desirable. All exterior compartments will be vented to provide for the displacement of air when closing doors. Vent louvers shall be installed on the vertical walls of the exterior compartments. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartments shall be lighted when the compartment door is opened. Compartment lights will be LED, and flush mounted with wiring routed through the body eliminating any exposed wiring. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment shelving shall be “Pan” style aluminum shelves mounted on two (2) sets of uni-strut tracks at each end of the shelf providing infinite adjustment. Rubber matting is to be installed on the topside of all shelving. COMPLY? ……………………………………… YES _____ NO _____ 2.8 DOORS The corner of each door frame shall be ¼” Cast Aluminum inserted & welded to horizontal & vertical extrusions. This Cast part shall ensure superior strength as well as uniform fit & finish. 24 | RFP 21-FD03 COMPLY? …………………………………….. YES _____ NO_____ The door(s) of each compartment will be flush type (being on the level with adjacent body surface) and of PAN FORMED / EXTRUSION DOUBLE BREAK construction. The weather seal is to be mounted on the outer flange of the door with the latches and strikers mounted on the extruded second break inside the door opening. This door design eliminates exposure of the latches to the elements and prevents moisture from corroding the latch mechanisms. COMPLY? ……………………………………… YES _____ NO _____ All doors shall be constructed of. 125 aluminum and 2 ½” thick. COMPLY? ……………………………………… YES _____ NO _____ The inner panel on all exterior compartment and entry doors will be fastened to the extruded doorframe and recessed into the door frame extrusion for a flush finish. Surface mounting of any interior door panels is not allowed. All fasteners used for the mounting of the interior panels are to have a rubber grommet affixed to the underside of the screw head to prevent the fastener screws from loosening and backing out of the extrusion. The interior door panels shall be readily removable for access to the interior of the door and the latching mechanism. COMPLY? ……………………………………… YES _____ NO _____ All doors shall be reinforced and cross-braced inside for increased strength allowing for the mounting of equipment on the door. COMPLY? ……………………………………… YES _____ NO _____ To facilitate adjustment and routine maintenance of door linkage rods and latches, all patient compartment entry doors shall have access ports. There is to be an access port above and one below each interior entry door handle of sufficient size to allow for the adjustment of the door linkage rods. All ports are to be covered with a friction type “plug-in” plastic cover that is readily removable. COMPLY? ……………………………………… YES _____ NO _____ The door latch assembly of each compartment will be an Eberhard Grabber 21100 series, two (2)-point slam lock (206 rotary latch), of stainless-steel construction. Door latch assemblies shall be “blind mounted” eliminating any exposed mounting hardware on the exterior side of the latches. There is to be a rubber gasket between the exterior stainless-steel latch assembly and the aluminum door to ensure the isolation of the two dissimilar metals. The door linkage rods’ connecting the door handles and the rotary latches are to be 5/32 steel rods threaded on turn buckle end. They shall be straight direct pull 25 | RFP 21-FD03 rods with no bends built into the rods allowed. Adjustments to the entry door linkage rods are to be provided by a turnbuckle located above and below and adjacent to each interior door handle. COMPLY? ……………………………………… YES _____ NO _____ All exterior doors are to be lockable via an “automotive style” lock with all compartment and patient compartment entry doors being keyed alike. The key shall be double sided for ease of insertion into the lock. COMPLY? ……………………………………… YES _____ NO _____ Door strikers shall be installed on the vertical compartment flanges, with the exception of double doors. There are to be two (2) pins per door, with the exception of the battery compartment door. All striker pins shall be fully adjustable from the exposed side. They will be grade 8.0 cadmium plated steel strikers with a “captive nut” for adjustment and so located as not to interfere with the sweep- out design of the compartment itself. ALL EXTERIOR DOORS SHALL HAVE ROTARY LATCHES AND STRIKER POSTS THAT MEET FMVSS 206 REQUIREMENTS. COMPLY? ……………………………………… YES _____ NO _____ All compartment and entry doors shall have one-piece Stainless Steel doorsill protectors that will cover both surfaces of the body opening. COMPLY? ……………………………………… YES _____ NO _____ Each compartment and entry door will have a full width aluminum drip rail mounted above each door. All drip rails are to be attached using double back adhesive tape. The use of screws, rivets, or any other form of metal attachment is not acceptable. COMPLY? ……………………………………… YES _____ NO _____ All compartment doors will be equipped with a gas strut door stay that holds the door at 90 degrees to the body when open. All gas struts are to be mounted in such a way as to allow for easy access if replacement or repair is required. COMPLY? ……………………………………… YES _____ NO _____ There shall be a “dampening” devise installed within each gas strut for the purpose of preventing the “shock” that can occur when a gas strut is fully extended. COMPLY? ……………………………………… YES _____ NO _____ 26 | RFP 21-FD03 Each compartment door will be mounted with a continuous stainless-steel hinge with a minimum pin diameter of (.250). Hinge Pin diameter of less than (.250) is unacceptable to ensure the long-term performance of the hinge in this extreme use application. Each compartment opening is to be sealed with full perimeter 5/8” wide by 1/2” thick hollow core wiper seal. The seal is to be mounted on the doorframe out board of the striker pins and the door latches. This seal ensures that each compartment will be dust and waterproof and that the striker pins and door latches will remain dry and clean. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectix insulation. Additionally, there shall be a single layer of 2” polystyrene insulation installed in each door. COMPLY? ……………………………………… YES _____ NO _____ Rear patient compartment doors shall be equipped with Cast Products "Grabber" hold-open devices. Side patient compartment door shall be equipped with Gas Strut door opening device. COMPLY? ……………………………………… YES _____ NO _____ Rear and side patient compartment doors shall have dark tinted safety glass windows encased in extruded aluminum frames. Each rear door shall have an 18.5" x 17.5" fixed window. The side door shall have an 18.5" x 17.5" slide opening window with screen and window lock. COMPLY? ……………………………………… YES _____ NO _____ Right side entry door opening 77"H X 30" W Rear entry door opening (double door): 62.5"H X 48” W COMPLY? ……………………………………… YES _____ NO _____ 2.9 LICENSE PLATE HOLDER Installed in the center of the rear kick plate above the rear step bumper there shall be a Cast Products license plate holder. There are to be two LED lights mounted in the holder. COMPLY? ……………………………………… YES _____ NO _____ 27 | RFP 21-FD03 3.3.3 ELECTRICAL SYSTEM 3.1 ELECTRICAL SYSTEM COMPONENTS A Weldon V-MUX 100% solid-state microprocessor based multiplex system will be installed to control the electrical functions. The system will provide diagnostics lap top plug-in capability. The front console shall a Weldon Vista IV node interface display. The rear panel shall contain Vista IV node interface display. A Weldon High Content Node (S) shall be provided. There could be one or more depending upon demand requirements. Comply…………………………………………….... YES____ No____ 3.2 WARNING DISPLAYS A Vista IV Node Interface display and audible alarm will be integrated into the cab console and programmed through the multiplex system to provide visual and audible indications for: Outside storage compartment "door open" warnings Module Curbside and Rear “Door Open” Warning Low voltage alarm System Voltage System Errors Comply…………………………………………….... YES____ No____ 3.3 VOLTMETER The Vista IV on the console will display system voltage. Comply…………………………………………….... YES____ No____ 3.4 CONTROL PANEL PODS BUTTONS A console panel will be mounted in the cab and a rear panel will be mounted in the access door to the electrical service cabinet in the action area. The Vista IV will control all Emergency Warning functions as well as being able to control the Patient Compartment lighting and module heat/ac functions. The Vista IV buttons will have dimmable perimeter backlighting for easy identification. Comply…………………………………………….... YES____ No____ 28 | RFP 21-FD03 3.4.1 MODULE POWER BUTTON A module power button for the electrical system will be provided on the front panel Vista IV. Comply…………………………………………….... YES____ No____ 3.4.2 EMERGENCY MASTER BUTTON A single emergency master button will be supplied for activating all the emergency warning lights and will be provided on the Vista IV display. The emergency master button will activate the Emergency lights automatically. Comply…………………………………………….... YES____ No____ 3.4.3 FLASHER The flasher will be provided within and programmed by the multiplex electrical system. Comply…………………………………………….... YES____ No____ 3.4.4 PARK OVERRIDE A park override button, located on the Front Console Visa IV panel, will reactivate all lights disabled when the transmission is placed in the neutral/park position. Comply…………………………………………….... YES____ No____ 3.4.5 BACKUP ALARM OVERRIDE The Front Console Panel Vista IV will have a button to disable the backup alarm. This override will automatically reset to “Enabled” when the vehicle is removed from Reverse. Comply…………………………………………….... YES____ No____ 3.4.6 CURBSIDE SCENE LIGHTS "ON" WITH CURBSIDE DOOR The curbside scene lights will be programmed to activate when the curbside door is in the open position. Comply…………………………………………….... YES____ No____ 29 | RFP 21-FD03 3.4.7 REAR SCENE LIGHTS "ON" WITH REAR DOORS OPEN The rear scene lights will be programmed to activate when the rear doors are in the open position. Comply…………………………………………….... YES____ No____ 3.4.8 REAR SCENES “ON” IN REVERSE The system will be programmed to provide activation for the rear scene lights, and the rear side scene lights, when the transmission selector lever is placed into the "reverse" position. Comply…………………………………………….... YES____ No____ 3.5 ELECTRICAL WIRING The vehicle's electrical equipment will be served by circuits separate and distinct from the chassis electrical system. All circuits shall be rated to carry 125% of its maximum load. All electrical wiring will be run in grease, oil, heat and moisture resistant looming. Harnesses will be fastened with vinyl-clad clamps and grommeted at any area they contact a metal edge. Every load carrying wire will be a minimum of 14-gauge and will be color-coded and heat embossed with its function every 6 inches. There will be at least a 6-inch service loop of wire at the point of attachment to each component. All electrical connections will be machine crimped; the use of Scotch-locks is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ 3.6 GROUNDING SYSTEM Because most electrical problems in all 12-volt systems, but especially in emergency vehicles are due to problems with bad grounds, the body will be grounded to the chassis frame with two (2) heavy duty braided grounding straps. In addition, there will be grounding straps from the engine block to the body and frame. There is to be a Major Ground Buss Bar in the electrical panel that is connected to the ground straps and frame, and then each individual circuit will have its own ground wire run to that ground buss bar. This will greatly improve the grounding of all circuits in the vehicle and insure less electrical problems. The Weldon HC NODES shall be ground directly to the chassis batteries to eliminate any interference or possible loss of ground which would result in the shutdown of the entire NODE. COMPLY? ……………………………………… YES _____ NO _____ 30 | RFP 21-FD03 3.7 ELECTRICAL SERVICE CABINET The electrical service panel will be mounted in the electrical service cabinet above the action area and will be easily accessible by activating a single latch allowing the Button POD Panel section to swing down. The V-Mux Node(s) will be located in an easily accessible location in the electrical service cabinet for service technicians to perform troubleshooting and service work. This cabinet must be solely for the electrical system components with a large enough door opening to perform work on the systems completely without removing them from the cabinet. Under no circumstances will any of the electrical systems be mounted in any exterior compartment. NO EXCEPTIONS COMPLY? ……………………………………… YES _____ NO _____ 3.8 12V DC OUTLETS There shall be two (2) Cigar style 12V DC outlets, one located in the action area, and one in the right front bulkhead ALS compartment. COMPLY? ……………………………………… YES _____ NO _____ 3.9 11OV AC SYSTEM There shall be a Kussmaul auto eject with deluxe cover bar graph (63-11-8106) weatherproof - 125V male receptacle rated at 20 amps with a spring-loaded cover assembly located on the front left corner of the module body for incoming 110-volt power. This receptacle shall be labeled. It shall be wired through one 15- amp circuit breaker. The circuit shall include two (2) 110-volt interior receptacles, one located in the action wall area and one in the ALS area. Both outlets shall illuminate per KKK-A-1822-F. There shall be a Vanner Lifesine 12-1100 inverter/ 55 Amp with built in charger with remote switch provided for on board 110 V power. 3.10 LIGHTING, EMERGENCY The unit shall be equipped with the following warning lights: • Eight (8) Whelen M9 Series LED lights as follows: (2) Facing forward (2) Facing rearward (2) Facing right (2) Facing left • One (1) Whelen M9 Series clear LED light installed top center forward. • One (1) Whelen M9 Series amber LED light installed top center rearward. • Two (2) Whelen ION T-Series LED red lights with Chrome Flange mounted in the Front Fenders. • Two (2) Whelen ION T-Series red LED lights with Chrome Flange mounted on 31 | RFP 21-FD03 the Grill. Circuit shall have a dual mode switch. "Primary" shall flash all lights. "Secondary" shall flash top red & amber lights only. Additionally, there shall be two (2) M9 series red and two M9 series clear on the mod front for a total of seven (7) front facing warning lights on the front of the module. Two (2) additional M9 series red lights shall be mounted at window height on module rear. Two (2) Whelen M7 series red lights shall be mounted over rear wheels, one on each side. Two (2) Whelen M6 series red lights shall be located in rear kick panel, one each side of rear doors. COMPLY? ……………………………………… YES _____ NO _____ 3.11 SCENE LIGHTS There shall be four (4) LED Whelen M9 Series LED scene lights with 13-degree tilt built into the lenses mounted two (2) lights on the left side and two (2) lights on the right side. There shall be two (2) LED Whelen M9 Series 9 x 7 with 13-degree tilt built into the lenses mounted on the rear. A separate switch on the driver’s switch panel shall control each pair. In addition, the right side and rear scene lights shall activate when the right side or rear doors, respectfully, are open. COMPLY? ……………………………………… YES _____ NO _____ 3.12 DOOR SWITCHING Magnetic Door Switches shall be installed to activate Door Open, Compartment Open, Dome and Scene Lights. COMPLY? ……………………………………… YES _____ NO _____ 3.13 SIREN AND SPEAKERS Siren shall be a Federal PA 300 with 200-watt output. Dual Cast Products Siren Speakers shall be mounted outboard in the face of the Chrome Front Bumper, below the Headlights, in cast aluminum housings. A Federal Rumbler low frequency siren is required. COMPLY? ……………………………………… YES _____ NO _____ 32 | RFP 21-FD03 3.14 SPOTLIGHT There shall be an LED spotlight, with eight-foot coiled cord and momentary switch, permanently wired into front console. A “Mic” style storage clip shall be provided. COMPLY? ……………………………………… YES _____ NO _____ 3.15 LIGHTS, PATIENT COMPARTMENT The ceiling headliner shall contain eight (8) Whelen High - Low intensity LED dome lights. The left and right banks of lights shall be switched separately. In addition, the left bank high mode can be switched from the drivers switch panel and will be activated by opening of the side or rear entry doors. There shall be a timer switch installed in the right wall at the head of the squad bench. The timer switch will allow the left bank of Dome Lights to turn on even when the master switch is in the off position. In addition, a 10” LED light shall be in the action area. COMPLY? ……………………………………… YES _____ NO _____ 3.16 CLOCK, PATIENT COMPARTMENT A Franklin digital Clock. 12/24 Hour display shall be located over rear doors in patient compartment. COMPLY? ……………………………………… YES _____ NO _____ 3.17 SUCTION - ON BOARD An SSCOR/Board on Board suction system with an Impact E-12 Suction Pump shall be provided and mounted on the back wall above the action area countertop just forward of the CPR Seat. COMPLY? ……………………………………… YES _____ NO _____ 3.18 VENTILATION A 138-CFM exhaust fan shall be mounted near the ceiling in the left rear of the patient compartment and shall be activated by a switch on the action wall. COMPLY? ……………………………………… YES _____ NO _____ 3.19 LOW VOLTAGE ALARM A Low Voltage Alarm shall sound when voltage drops below 11.8 volts for more than 120 seconds. COMPLY? ………………………………………. YES _____ NO _____ 33 | RFP 21-FD03 3.20 SWITCH CONSOLE, DRIVER'S There shall be a switch console mounted in the center of the cab floor between the seats in such a way as to not interfere with access to the dash yet easily accessible to the driver. The console shall be easily removable to allow access for service. There shall be space provided for the installation of radios below the Weldon V-Mux Vista IV. The Vista IV shall have the following switching options. • “E” Master Switch / Primary/Secondary / Light Bar / Heat - AC / Patient Domes / Mod Power • Display Screen / Back up Alarm Disable / Voltage Alarm Disable • Door Ajar Light / Compartment Ajar Light • Siren - Horn / Left Scenes / Rear Scenes / Right Scenes • The cab console shall have a padded arm rest, cupholders, radio cutout, siren control and a MDT mount with docking station for customer Dell 5414 Rugged tablet. COMPLY? ……………………………………… YES _____ NO _____ 3.20.1 SWITCH CONSOLE, PATIENT COMPARTMENT The following switches shall be in the rear control panel, which shall be hinged for easy access to components. They shall be mounted in a double row at an angle facing the center of the cot and the squad bench. • Mod Power / Left Domes / Right Domes / O2 Light / Attendant Light • Inverter / Suction / Exhaust Fan / HVAC Fan Speeds / Heat - AC COMPLY? ……………………………………… YES _____ NO _____ All switches in front and rear panels shall be incorporated in Weldon Vista IV display with push button controls. COMPLY? ……………………………………… YES _____ NO _____ 3.3.4 PATIENT COMPARTMENT 4.1 FLOOR, PATIENT COMPARTMENT The sub floor shall consist of .090" thick 3003 H14 corrosion resistant aluminum 34 | RFP 21-FD03 sealed watertight. Over the aluminum sub-floor there shall be a composite sheet of ¾ Coosa Board Fiberglass enforced marine grade”, non-wood subfloor that is caulked and sealed. The subfloor shall have sound deadening and insulating properties. COMPLY? ……………………………………… YES _____ NO _____ The floor is then to be covered with a single piece of commercial-grade, LON- PLATE non-skid flooring, which shall roll up the left wall and the squad bench approximately 3". Behind the linoleum at the base of the left wall and the squad bench, coving shall be installed providing a solid backing at the point of the bend in the floor. This coving shall run the full length of the left wall and the squad bench. Flooring shall be sealed at all edges to prevent water from seeping between the floor and cabinets. COMPLY? ……………………………………… YES _____ NO _____ A formed 6-inch, full width stainless steel floor protection strip shall be installed forward of the rear patient compartment door seal. Additionally, antiskid tape, 2- inch-wide, is to be laid the full width just inside the rear entry doors over the floor protection strip. COMPLY? ……………………………………… YES _____ NO _____ 4.2. CABINET'S, INTERIOR All interior cabinets shall be constructed using .125 gauge aluminum formed and Tig welded. Framed using at a minimum 1’ x 1” aluminum extrusions. Each cabinet shall be a stand alone unit made of formed .090 gauge aluminum and shall not have common walls COMPLY? ……………………………………… YES _____ NO _____ The aluminum interior cabinets shall Tig welded. COMPLY? ……………………………………… YES _____ NO _____ Exposed cabinet surfaces, interior and exterior, are to be spray coated with Zolatone. All cabinets and counter tops shall be caulked and sealed prior to spray on Zolatone. Cabinets shall incorporate 1-inch aluminum radius corners throughout and have generous padding to lessen the chance of injuries in the event of an accident. Sliding Plexiglas windows shall be 1/4" thick with full height extruded aluminum handles mounted in full perimeter slide track. Door catches shall be flush-mount slam-type positive latching. COMPLY? ……………………………………… YES _____ NO _____ 35 | RFP 21-FD03 4.2.1 CABINETS, LEFT WALL Cabinets shall be designed as per drawings with a one-piece molded Fiberglass countertop for the attendant in the action area. Storage cabinet shall be located in the left rear and above the action area. The cabinet over the action area will have the same angle front to back as the cabinet with the switch panel. COMPLY? ……………………………………… YES _____ NO _____ The action wall shall house the technician's console, two oxygen outlets, vacuum outlet, aspirator collection bottle, Vista IV display with controls set up per customer requirements and, one 12-volt connection and one lighted 11OV duplex outlet. The upper action wall area shall be hinged for ease of access. COMPLY? ……………………………………… YES _____ NO _____ 4.2.2 BULKHEAD CABINETS Cabinets shall be designed per drawings. The driver side cabinet shall incorporate a floor mounted climate control unit. Unit shall drain directly through the floor. Air in-take shall be at floor level, while output shall be ducted overhead, across the bulkhead cabinets. The return air shall be filtered. Directly above the climate control unit shall be a storage area. A horizontal cabinet shall be located above the walk-thru at ceiling level. The right side shall have a locking drug box at ceiling level, Mermaid MK6.2 SS, inside/outside access cabinets below all the way to floor level with one adjustable shelf, and two solid doors. The inside/outside cabinet shall be lighted at each shelf level with recessed lighting. The face of the overhead bulkhead cabinet doors shall be padded. The bulkhead shall incorporate a pass-through Plexiglas sliding window from the rear patient compartment to the front cab. This window shall be sealed and weatherproof via a flexible rubber boot connection between the cab and the modular body. The ALS cabinet shall have a Mermaid MK 6.2 SS Temperature controlled cabinet with a bottom hinged door. Just below the temp cabinet shall be double door cabinet with Inside outside access. One adjustable shelf shall be provided. COMPLY? ……………………………………… YES _____ NO _____ 4.2.3 SQUAD BENCH The squad bench base shall be constructed of 1”x1”x .125”” gauge aluminum for strength and ruggedness. Storage space shall be provided within the bench to house the main O2 M cylinder on a Zico QRM-V bracket and accessed via a single squad bench lid. The lid will have a gas strut hold open device and paddle style latches. The interior shall be spray coated with Zolatone. Cushions, both seat and 36 | RFP 21-FD03 back, shall be vacuum-formed seamless. There shall be two (2) EVS backpack style seats with all belts being tested and certified to meet or exceed FMVSS 206. Additionally, there are to be two (2) belts provided for the securing of a second patient on the Squad Bench. COMPLY? ……………………………………… YES _____ NO _____ 4.3 SEAT, EMT / ATTENDANT An attendant seat shall be located at the head of the primary cot. It shall be an EVS molded/contoured seamless seat with 5-point harness and built-in child safety seat mounted on an EVS seat base. The seat and pedestal base shall be tested and certified to meet or exceed FMVSS 206. COMPLY? ……………………………………… YES _____ NO _____ 4.3.1 SEAT, CPR- DELETED There shall be an extended action area with a cabinet below the countertop added as well as additional cabinets near center of the street side wall. COMPLY? ……………………………………… YES _____ NO _____ 4.4 UPHOLSTERY All door panels, seat cushions, and protective pads shall be constructed of fire- retardant foam, covered with minimum 40-ounce vinyl. All seat and back cushions in the patient compartment shall be vacuum-formed seamless. COMPLY? ……………………………………… YES _____ NO _____ 4.5 HEADLINER The headliner shall be constructed of aluminum sheet and spray painted in a semi- gloss white. There is to be a removable center section to gain access to wiring that is covered with a padded vinyl. COMPLY? ……………………………………… YES _____ NO _____ 4.6 PANELING, INTERIOR Exposed surfaces shall be spray coated with Zolatone. Color to be approved by Milton Fire Rescue. COMPLY? ……………………………………… YES _____ NO _____ 37 | RFP 21-FD03 4.7 GRAB RAIL, OVERHEAD A full-length stainless-steel handicap style 1 1/2" diameter grab rail shall be installed on patient compartment ceiling. This rail shall be capable of supporting a minimum of 300 pounds. This Rail shall be treated with Agion Anti-Bacterial Coating. COMPLY? ……………………………………… YES _____ NO _____ 4.8 GRAB HANDLES, DOORS All entry doors will have a matching heavy-duty stainless-steel handicap style 1 1/2" V" bar grab handle that will be securely mounted slightly below the window. These Bars shall be treated with Agion Anit-Bacterial Coating. COMPLY? ……………………………………… YES _____ NO _____ 4.9 ALUMINUM WALL The lower left aisle wall shall be Zolatone spray coated aluminum shelf down to floor. COMPLY? ……………………………………… YES _____ NO _____ 4.10 COT MOUNT A Stryker “Power LOAD” Cot Fastener shall be installed. COMPLY? ……………………………………… YES _____ NO _____ 4.11 INSULATION The entire patient compartment, walls, ceiling, and floor shall be blanketed with two (2) layers of reflectix insulation. In between the two layers of reflectix insulation shall be a 2” polystyrene insulation to provide exceptional insulation and sound deadening qualities. To make certain the insulation stays in place, all insulation in the vertical walls is to be glued in place. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectix insulation. Additionally, there shall be a single layer of 2” polystyrene insulation installed in each door. COMPLY? ……………………………………… YES _____ NO _____ 38 | RFP 21-FD03 4.12 CLIMATE CONTROL Rear climate control shall be floor mounted in driver side bulkhead cabinet to shorten refrigerant and anti-freeze hoses and eliminate vertical circulation. Condensation from high humid conditions shall drain directly through floor. Air intake shall be at floor level; output shall be at ceiling level with return air at floor level for increased airflow. Return air shall be filtered. COMPLY? ……………………………………… YES _____ NO _____ The unit shall be a Pro-Air with 32,000 BTU cooling capacity and a 35,000 BTU heating capacity. The blower motor shall have permanent magnets and be capable of delivering 630 CFM of airflow. It must be removable without removing entire heat/cool unit and without disconnection of any coolant lines. An external condenser, Pro Air model 50 000 517, shall be installed on the front of the module. The rear A/C system shall have a TM-16 compressor that is separate from the cab A/C for a separate system for the rear A/C. Controls for the A/C shall be accessed by the Vista IV display. COMPLY? ……………………………………… YES _____ NO _____ 4.13 SHARP'S CONTAINER A waste basket and Sharp’s container shall be located at the head of the squad bench. Access shall be through a slide out drawer which will slide out towards the stepwell. COMPLY? ……………………………………… YES _____ NO _____ 4.14 OXYGEN OUTLETS Oxygen system shall be plumbed with conductive hose from oxygen compartment to two (2) Allied, Ohio style oxygen outlets in the action area, and a third near the forward end of the squad bench. COMPLY? ……………………………………… YES _____ NO _____ 3.3.5 EXTERIOR BODY 5.1 REAR WHEEL WELL TRIM The rear wheel wells shall be trimmed with polished Stainless Steel Fenderettes that shall be attached to the body with stainless steel fasteners. There shall be a gasket 39 | RFP 21-FD03 placed between the aluminum body and the stainless steel fenderette for isolation of the dissimilar metals. COMPLY? ……………………………………… YES _____ NO _____ 5.2 RUB RAILS There shall be bolt on clear anodized extrusion rub rails with a wall thickness of (.187). They shall run the full length of the body and be mounted at the base of each side of each side of the body. The rub rails shall be spaced ¼ inch from the body with Delrin spacers. COMPLY? ……………………………………… YES _____ NO _____ 5.3 BUMPER, REAR STEP The rear step assembly shall be constructed of 1 ¾” X 1 3/4" tubular steel frame bolted to the chassis frame. The center section shall be non-skid grip strut aluminum and shall “Flip-Up” to allow adequate clearance of the Cot Wheels while Cot is being loaded. The ends shall be constructed of diamond plate end caps with 18" X 4" X 4" heavy-duty rubber dock bumpers. COMPLY? ……………………………………… YES _____ NO _____ 5.4 DOORSTEP, SIDE The side doorstep shall be formed of aluminum diamond tread and shall be flush sweep out style. Antiskid tape, 2-inch-wide, is to be laid the full width of the step just inside the entry door. Additionally, there shall be a formed 3-inch, full width stainless steel floor protection strip installed over the flooring at the top of the step. An LED step well light is to be installed on the forward vertical wall of the step well with the wiring to be pulled through the backside of the step well. The Lower Side of the step well shall be covered with Hush Mat to reduce road noise. COMPLY? ……………………………………… YES _____ NO _____ 5.5 STONE SHIELDS Diamond plate stone shields shall be installed on the front edge of the module body directly behind the cab at skirt level. These shields shall extend up the front of the box approximately 16 inches. COMPLY? ……………………………………… YES _____ NO _____ 40 | RFP 21-FD03 5.6 EXTERIOR COMPARTMENT CONFIGURATION • STREETSIDE FORWARD COMPARTMENT On the forward wall of the compartment there shall be a removable panel approximately 8” square in size located opposite of the shoreline plug. This panel, when removed, provides access to the shoreline plug when service or replacement is required. 3M sound deadening coating shall be applied to the back of Compartment 1. COMPLY? ……………………………………… YES _____ NO _____ • GENERAL STORAGE COMPARTMENT This compartment shall be located street side between the #1 compartment and the left side drive wheels and is to be used for general storage. There is to be a single door on this compartment. The compartment size is to be 30” wide x 40” tall x 20.5” deep and have an adjustable shelf. The shelf shall be a full width, full depth aluminum “pan” style storage shelf installed in the compartment. The shelf is to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the topside of the shelf. 3M sound deadening coating shall be applied to the back of Compartment 2. COMPLY? ……………………………………… YES _____ NO _____ • DRIVERS SIDE REAR COMPARTMENT The left rear street side exterior compartment shall be for customer storage. Specifically, two (2) SCBA brackets shall be mounted on angled brackets one on forward wall and one on rear wall. There is to be a double door on this compartment. There shall be two (2) Streamlight model 07630 Gen II 4 cell LED flashlights with 12V charger bases. 3M sound deadening coating shall be applied to the back of Compartment 4. COMPLY? ……………………………………… YES _____ NO _____ • BACKBOARDS/ STAIRCHAIR AND GENERAL STORAGE COMPARTMENT 41 | RFP 21-FD03 The right rear curbside exterior compartment is to be located rearward of the right-side rear corner of the body. This compartment is to provide backboard and stair chair storage and for storage of miscellaneous equipment. The Compartment shall be 84 3/8’ tall x 20” wide x 20.5” deep. There shall be three (3) aluminum “pan” style storage shelves installed in the compartment along with a .125” thick aluminum divider. The shelves are to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the top side of the shelf. 3M sound deadening coating shall be applied to the back of Compartment 5. COMPLY? ……………………………………… YES _____ NO _____ • GENERAL STORAGE COMPARTMENT Forward of the curbside rear compartment and rear of the wheel well shall be a general storage compartment. The size shall be 25” tall x 22” wide x 20.5” deep. 3M sound deadening coating shall be applied to the back of Compartment 6. • ALS IN/OUT ACCESS There shall be a single full-length door located at the right front (curbside) allowing for In/Out access to the ALS interior cabinet. COMPLY? ……………………………………… YES _____ NO _____ 5.7 LIGHTING, DOT The vehicle shall be equipped with jewel affect daytime running headlights and two amber park/turn lights on the front. The Module Body shall have at least eleven (11) Innovative Brand LED clearance lights with “each light having four (4) LED’s and grounded via a ground wire”. Each top front corner shall have amber lights mounted on the front and side of each corner. There shall be three (3) red lights at the top rear center of the module. Each top rear corner shall have red lights mounted on the rear and side of each corner. There shall be three (3) amber lights mounted on the center front of the cab roof. The rear of the module box shall have two (2) Whelen 6M series amber LED arrow turn lights, two (2) Whelen 6M series red LED tail/brake lights, two (2) Whelen 6M series LED reverse lights. They will be mounted in chrome flanges on the modular body above the diamond plate in the above listed order top to bottom. Mounting 42 | RFP 21-FD03 of these lights shall be as far outboard on the rear of the module body as possible. All lights shall be as per I.C.C. requirements. COMPLY? ……………………………………… YES _____ NO _____ 3.3.6 BODY FINISH 6.1 PAINTING PROCEDURE An extensive 12-step painting process is to be followed and strictly adhered to as follows: Prior to paint all doors, chrome trim, lights, handles, steps, and all other attached equipment shall be removed to assure the paint process covers the entire body. No Weather-stripping will be attached to the body during the paint process. COMPLY? ……………………………………… YES _____ NO _____ The entire outside of the body shall be sanded with a minimum of 180 grit sandpaper and cleaned and deburred of all rough edges. The entire body shall then be wiped clean with PPG DX436 wax and grease remover prior to painting. COMPLY? ……………………………………… YES _____ NO _____ The body shall then be coated with one (1) coat of PPG Delfleet Evolution F3993 Epoxy Primer followed by two (2) coats of PPG Delfleet Evolution F3975 Urethane Primer. Once the primer has been applied the entire unit shall be baked at 150 degrees for a minimum of 30 minutes. The primer shall then be sanded prior to the application of the topcoat. COMPLY? ……………………………………… YES _____ NO _____ Once the application of the primer has been completed, a topcoat consisting of (2) coats of PPG Delfleet Evolution FBC Color Coat is applied followed by (2) coats of PPG Delfleet Evolution F3921 Clear coat for a durable long-lasting high gloss finish. The entire unit shall then be baked a second time at 160 degrees for a minimum of (45) minutes. COMPLY? ……………………………………… YES _____ NO _____ The module and cab shall be wet sanded and buffed. The final step shall then be to apply Rubberized undercoating to the underside of the cab and the body in strict adherence to Ford QVM guidelines and the KKK- 1822- F Specification just prior to delivery. 43 | RFP 21-FD03 COMPLY? ……………………………………… YES _____ NO __ Warranty shall be a full 5-year / 100,000-mile NON-PRORATED Modular Paint Warranty. COMPLY? ……………………………………… YES _____ NO _____ 3.3.7 ADDITIONAL OPTIONS The following options shall be provided: • Standalone cabinets in extended cab area of the chassis. One for driver’s side and one on passenger’s side. A 1” lip shall be provided at the top of each cabinet. Cabinet Size TBD but will accommodate ballistic vest and EMS pants at minimum. • Whelen flashing amber led lights at top and bottom of all rear facing entry and compartment doors. • Two (2) Dual USB outlets. Location TBD • Power door Locks for patient and all exterior compartments. Locks to work with OEM Key FOB. With hidden lock/unlock button near rea license plate Safety Vision Color back up camera • Two (2) Zico QRD-2 Spare O2 Cylinder holders. Located in pass thru area. • Cargo Net at head of Squad bench • Chevrons on lower entry door panels (6” 3M diamond grade Red/Yellow) to match rear. • Technimount Cardiac Monitor bracket for LP 15. • A 4’ dropped skirt line forward of rear wheels on curbside only. • Reflective tape in lower rub rail. • 10 lb Fire extinguisher with mounting Bracket. • Match current Milton Black over red paint scheme. Roof to be painted white. • Graphics to match current Milton design. • Inside outside access for cabinet at foot of squad bench. • Stryker Power Cot 6506 per Milton requirements. • Cab seats to be reupholstered with matching gray vinyl. • Glove box holders over curbside door and one glove box holder on inside of lower rear entry doors. • Install Customer supplied Knox Keysecure 5 in cab. Exact location TBD • Install customer supplied Thermal Imaging Camera Bullard XT series wireless truck mount charger in extended area of cab. Location TBD. • Installation of customer supplied CradlePoint COR series router IBR900/TBR950 wireless internet module. • Install customer supplied Motorola APX 6500 series radio system. To include factory-install of radio harness and antenna on mod roof. 44 | RFP 21-FD03 3.3.7 PAYLOAD 7.1 PAYLOAD There shall be a minimum of 3900 lbs. of usable payload. Weight determination shall be made with standard unit, full complement of fuel, fluids and spare tire. Any optional equipment shall be deducted from payload. COMPLY? ……………………………………… YES _____ NO _____ 3.3.8 MISCELLANEOUS EOUIPMENT 8.1 DECALS, NO SMOKING & OXYGEN EQUIPPED There shall be two (2) NO SMOKING and two (2) OXYGEN EQUIPPED signs, one each in the cab and one each in the patient compartment. COMPLY? ……………………………………… YES _____ NO _____ 8.2 I.V. HOLDERS There shall be two recessed, swing-up dual I.V. bag holders mounted in patient compartment headliner. The holders shall be Cast Products # IV-2009 (KKK-1822-F Approved). COMPLY? ……………………………………… YES _____ NO _____ 8.3 ANTENNA PRE-WIRE Two (2) pre-wire antenna coaxial cables delivered, one to the drivers switch console and one to radio cabinet. There shall be a raceway provided to be able to run radio cable from the cab to the patient compartment. COMPLY? ……………………………………… YES _____ NO _____ 8.4 WIRING SCHEMATIC There shall be a complete SPECIFIC wiring schematic showing all circuits, including optional equipment included in the owner's manual. COMPLY? ……………………………………… YES _____ NO _____ 3.3.9 WARRANTY 9.1 WARRANTY COVERAGE (See Warranty Certificate for Details) Three year / 36,000-mile Product Conversion Warranty. Six-year / 72,000-mile Electrical System Warranty. 45 | RFP 21-FD03 Five-year / 100,000-mile NON-PRORATED Modular Paint Warranty. LIFETIME Modular Body Structure Warranty. There shall be no pro-rating allowed for any portion of the above listed warranties. COMPLY? ……………………………………… YES _____ NO _____ 3.3.10 REQUIREMENTS OF THE MANUFACTURER 10.1 KKK-A-1822-F CERTIFICATION This unit shall meet all KKK-A-1822-F specifications and the manufacturer shall have current documentation of compliance with all KKK-A-1882-F standards and all subsequent revisions. COMPLY? …………………………………….. YES _____ NO _____ 10.2 CAAS GVS V2.0 CERTIFICATION This unit shall meet all CAAS GVS (Ground Vehicle Standards) V2.0 specifications and the manufacturer shall have current documentation of compliance with all CAAS GVS V2.0 standards. COMPLY? …………………………………….. YES _____ NO _____ 10.3 FORD QVM PROGRAM This unit shall meet all Ford QVM Program requirements and the manufacturer shall be a current member in good standing of the Ford QVM Program. COMPLY? …………………………………….. YES _____ NO _____ 10.4 AMD / NTEA MEMBERSHIP The manufacturer shall be a current member in good standing of the Ambulance Manufacturers Division (AMD) of the National Truck & Equipment Association (NTEA). The unit shall be built in compliance with all AMD “Standards” AMD001-27. COMPLY? …………………………………….. YES _____ NO _____ 10.5 REMOUNTING AND REFURBISHING The manufacturer must be capable of remounting and / or refurbishing used units. The facilities for such purpose shall be located at the manufacturer’s primary location. The subcontracting of remounting and refurbishing is strictly prohibited. 46 | RFP 21-FD03 COMPLY? …………………………………….. YES _____ NO _____ 10.6 FORD POOL ACCOUNT PROGRAM The manufacturer shall be a current member in good standing of the Ford Pool Account Program. COMPLY? …………………………………….. YES _____ NO _____ 3.4 SERVICE FACILITY REQUIREMENTS The successful offeror must have access to a service facility within 100 miles from City of Milton. Offeror must list below the nearest service facility and parts department to the City. Mobile service is required to service the ambulance provided by the local dealer. Facility Name: ______________________________________________________________________ Address: ___________________________________________________________________________ Phone Number: ___________________________________________________________________ Contact Name: ____________________________________________________________________ Approximate Miles from Purchaser: __________________________________________________ 3.5 REFERENCES Five (5) current users of the ambulance Brand offered shall be provided. Please provide the agency name, contact person, phone number and email address. Offerors should use their own form for this. SECTION 4: PROFESSIONAL PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 PROFESSIONAL INFORMATIONAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 47 | RFP 21-FD03 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH BID ~ IN A SEPARATE FILE The Offeror’s cost proposal shall be signed by an authorized agent of the company. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price: $____________________________ Print Total Price in Words: _________________________________________________ Print/Type Company Name: _______________________________________________ Authorized Signature______________________________Date___________________ Print/Type Name___________________________________________________________ Print/Type Title______________________________________________________________ 48 | RFP 21-FD03 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria The award of the contract will be based on certain objective and subjective considerations listed below: Technical Qualifications (35 pts): Vendor shall provide detailed documentation to evaluate design and quality of the Type I Ambulance. Vendor to provide detailed information that demonstrates that the cab meets or exceeds all standards for crashworthiness. Vendor shall provide detailed quality program information and/or ISO Certificate. Vendor should address the entire Quality Process to include at a minimum the Design, Order Acceptance, Specification Control, Procurement to the Specifications, Supplier Verification of Conformance to Purchased Part Specifications, Management Responsibility, and Document Control, Manufacturing Control, Final Testing, Third Party Process Control and Final inspection of Ambulances. Service (35 pts): Vendor shall provide service center location address and distance from the City of Milton. Vendor shall, provide information on their ability to provide on-site service and response time from time of service is requested for both critical and non-critical issues. Vendor shall provide qualifications and certifications on their Emergency Vehicle Technician (EVT) certified service personnel. Vendor shall provide warranty information and thoroughly describe warranty and service processes. Delivery Time (10 pts): Vendor shall provide information on their ability to deliver the completed unit and provide their time schedule of completion from the Notice To Proceed (NTP) and order. Cost Proposal (20 pts): Total Possible Points Available are 100 points. 49 | RFP 21-FD03 1. Interviews and Product Demonstration If applicable, short-listed Offerors will be invited to make a presentation to the City of Milton. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The top-ranked proposal will be recommended for contract award, pending successful negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Professional should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring Professional at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Professional. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring vendor will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractor. All subcontractors, if any, must be listed in the proposals. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or 50 | RFP 21-FD03 indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Offeror is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Offeror nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Offeror must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Offeror subjects subcontractors to the same provision. The Offeror agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ EXHIBIT “B” ESTABLISIIED 2006 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-FD03 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire -Rescue Due Date and Time: July 13, 2021 at 2:00 pm EST "Pending updates relating to COV1D-19 the City may conduct the bid opening via a virtual meeting. Number of Pages: 64 Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: June 17, 2021 City of Milton Phone: 678-242-2500 Fire -Rescue Department 13690 Highway 9, Bldg. A Website: www.citvofmilton-qa.us Milton, GA 30004 INSTRUCTIONS TO OFFERORS Electronic Submittal: "*Proposals must be submitted electronically via Milton's Mark Proposal File/Package: BidNet procurement portal/platform at RFP Number: 21-FD03 Name of Company or Firm www.citvofmilton a us Special Instructions: If you have not registered as a vendor Deadline for Written Questions via BidNet we encourage you to June 29, 2021 by 5:00 p.m. register. There is no cost to join, and will be notified of any potential bid opportunities with the City of Milton as Submit questions online via the BidNet well as other agencies who are part of Direct procurement portal at the Geor is Purchasing Grou . www.citvofmiltonaa us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING: ,� ror Na Address: �G Icv1 Ire., Authorized Offeror Signatory: 1541 X01 �.V l7arri�Cu►����y �y 9 Of er � on��Nymber:, Please print name acid si n in ink Offeror FAX N41t)umber: j.DD. ' 6S o2 Offeror Federal I Number: - Z�12 (� O e or E- it Add OFFERORS MUST RETURN THIS COVER SHEET (L c o:?e, 0"M WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 3 1 RFP 21-FD03 ty ESTABI LIED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Ic h- Y �-j-r c o- SJ4 t c 4 e Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: " � ' A 41 ES'I'A$LISI IED 2006 RFP 21-FD03 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-FD03), 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire -Rescue Department. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. J Authorized Signature 1�4VA Date —71Lbl— Print/Type Name V i +U4 e Print/Type Company Name Here e r i -L 1 5 1 RFP 21-FD03 - ot ESTABLISHED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ac -)-Co a 1 everify Number Date of Authorization r Name of Contractor 2022 Ford F-550 Suger Cab with 4WD Ambulance for Milton Fre-Rescue Name of Project City of Milton Georgia Name of Public Employer =:ate tomL GLADYS B. MIRA14DA OMMISSION# GG 282502 PIRES: December 6,2022 rFOThru Notary Public Underw tern I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 'Zone- . ZY , 2021 in (city), _ It (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THEA DAY OF �s NOTARY P LIC [NOTARY SEAL] My Commission Expires: 7 1 RFP 21-FD03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified vendors for a Rescue with transport capabilities that meet KKK -A -1822-F Certification. All vendors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Vendor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor. motesQcityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions online via the City's procurement portal, BidNet Direct, at www.citvofmilton-ac.us on or before 5:00 PM (EST) on June 29.2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about July 6, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltongo.us . 8 1 RFP 21-FD03 Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Offeror must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal: 9 1 RFP 21-FD03 a. No more than forty (40) pages • Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Include Drawings (interior & exterior) c. Minimum of 1 1 -point font d. Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals Proposals must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Offerors will be announced. "Pending updates relating to COV/D- 19, the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Professional at the expense of the Professional or destroyed if requested. 1.5 PROFESSIONAL'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 10 1 RFP 21-FD03 B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected offeror fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. 11 I RFP 21-FD03 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among vendors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Pr000sals Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in 12 1 RFP 21-FD03 the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals Selection and award will be based on the Offeror's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offeror outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors 13 1 RFP 21-FD03 should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Professional's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 14 1 RFP 21-FD03 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 1 RFP 21-FD03 SECTION 3: SCOPE OF SERVICES 3.0 PURPOSE The purpose is to provide minimum specifications and test parameters for the manufacturing of an emergency medical care vehicle that meets the needs and desires of the Milton Fire -Rescue Department. It establishes essential criteria for the design, performance, equipment, and appearance of the vehicle. All dimensions listed are given as the approximate sizes required to meet the needs of our department. The objective is to provide a vehicle that is in accordance with nationally recognized guidelines. All vendors and manufacturers must meet all state and local regulations regarding the manufacturing, licensing, and sale of emergency rescue vehicles and ambulances within the state of Georgia. The Emergency Medical Vehicle described in the specification below is designed to meet or exceed the requirements of Ford Motor Company's QVM Program, Federal Ambulance Specification KKK -A -1822F, and Ambulance Manufacturers Division (AMD) standards. 3.1 INSTRUCTIONS The specification covers a new, commercially built surface emergency medical care vehicle referred to as an ambulance. The ambulance shall be in accord with the Ambulance Design Criteria of the National Highway Traffic Administration and the U.S. Department of Transportation. This proposal specification is based on the Federal Ambulance Specification KKK -A -1822F. 3.2 WARRANTY The successful manufacturer shall provide a thirty-six (36) month/36,000-mile conversion warranty on the vehicle. The warranty shall cover the complete vehicle and shall include all costs for labor and parts or materials that are required to correct any and all deficiencies. There shall be a five-year (5)/100,000 -mile NON -PRORATED Modular Paint Warranty. There shall be a six-year (6)/72,000 -mile electrical system warranty. There shall be a lifetime modular body structure warranty. The lifetime structural warranty period shall also remain in effect should the modular body be remounted onto a new chassis. This remount must be performed at a service center authorized by the original manufacturer. 16 1 RFP 21-FD03 3.3 WARRANTY SURETY To ensure quality, service, and full compliance to the above warranties, the ambulance manufacturer must construct the complete vehicle, with the exception of the chassis. Additional elements constructed and installed "in house" are required to ensure service and parts availability. Subcontractors or lease/rental agreements to outside agencies will fail to meet this requirement. NO EXCEPTIONS WILL BE ALLOWED. • The ambulance manufacturer shall act as the prime contractor to: Construct the modular body; and • Apply paint; and • Construct and install the interior cabinets; and • Assemble, install, and test the wiring harnesses, circuit boards and 02 systems; and assemble and install the upholstery for seat cushions, head pads and backrests. 3.4.0 SPECIFIC SCOPE OF SERVICES (listed below) 3.4.1 AMBULANCE SPECIFICATION: 2022 156" TYPE 1: 2022 Ford 7-550" Suoer Cab w/ 4WD 1.1 VEHICLE AND WHEELBASE 2022 Ford F-550 Super Duty XLT Super Cab chassis with Auto Shift 4 -wheel drive and dual rear wheels, 192 -inch wheelbase, 84 -inch cab to axle, Ford Ambulance prep package 47A. / COMPLY? ............................................. YES V NO 1.2 ENGINE Ford 6.7 -liter Power Stroke Turbo Charged V-8 Diesel with OEM engine block heater. / COMPLY? ............................................. YES 1/ NO 1.3 AUXILIARY POWERTRAIN CONTROL (APC The Ford OEM APC module shall be standard. The APC Module is to be programmed in the "Charge Protection" mode. When the vehicle is in park, service brake disengaged, and the parking brake is set, the APC module shall electronically adjust the engine idle (up or down) to maintain proper electrical system voltage. ' / COMPLY? ............................................. YES I/ NO 17 1 RFP 21-FD03 1.4 GAUGES AND METERS Speedometer, odometer, fuel gauge, temperature, oil pressure, digital voltmeter, engine hour meter COMPLY? ............................................. YES / NO 1.5 SPRINGS / AXLE RATINGS & SHOCKS Maximum GVWR - 18,000 lbs GVWR Front: Monobeam with coil springs, shock absorbers and stabilizer bar. Rear: Compressible Liquid Adaptive Suspension System for an F-550. A DS 147FS3 shall be installed in place of Ford OEM leaf spring suspension. COMPLY? ............................................. YES _d,/ NO 1.6 STEERING Power steering with tilt wheel and cruise control. COMPLY? ............................................. YES / NO 1.7 BRAKES Heavy duty, hydro -boost assisted type 4 -wheel anti-lock disc brake system. COMPLY? ............................................. YES __�/ NO 1.8 TRANSMISSION Torqueshift TM w/ SelectShift 10 -speed transmission with external oil cooler. COMPLY? ............................................. YES �_/ NO 1.9 AXLE, REAR 4.10 gear ratio w/ limited slip axle. COMPLY? ............................................. YES NO 1.10 FUELTANK Single tank w/ 40 -gallon capacity. COMPLY? ............................................. YES J/ NO 1.11 WHEELS AND TIRES Seven (7) 225/70R19.5G Steel Belted Radial tires, BSW all season tread. Aluminum wheels with valve stem extensions will be provided. The valve stem extensions are to be solid lines that are held in place with stainless steel brackets. These brackets are to be located in such a way as to provide easy access to both the inside and outside rear tires valve stems for the checking of tire pressure and for the addition of air when required. 18 1 RFP 21-FD03 COMPLY? ............................................. YES NO 1.12 BATTERIES Two (2) 750 CCA batteries mounted in the engine compartment wired parallel in OEM configuration that complies with Ford QVM and KKK -A -1822-F requirements. Batteries will be wired so that the two (2) batteries under the hood will always be used for starting and controlled by a 300 -amp power cut off switch. The power cut off switch circuit shall be protected by a 250 -amp fuse. The Ford ignition key activates the cutoff switch. Power can be provided to the module without the engine running by turning the ignition key to accessory position. COMPLY? ............................................. YES _/ NO 1.13 ALTERNATORS Dual Ford OEM alternators with internal regulators and a total combined output of 397 amps. COMPLY? ............................................. YES __IL NO 1.14 WINDOWS, CAB Tinted safety glass is installed in all exterior windows. Ford OEM power operated windows. COMPLY? ............................................. YES -__/NO 1.15 WINDSHIELD WIPERS Two -speed electric with washer and adjustable intermittent cycle. COMPLY? ............................................. YES NO 1.16 SEATS, DRIVER'S COMPARTMENT Deluxe vinyl covered OEM High Back Captain's Chairs, seat belts and shoulder harnesses. The Ford OEM cab seats must be the seats installed and shipped with the chassis by Ford and have the correct Ford prescribed serial number. The Ford OEM seat pedestals shall be located in the mounting location as determined by Ford. Any changing of the Ford OEM Seats, mounting pedestals or location thereof is absolutely prohibited. COMPLY? ............................................. YES /NO 1.17 HEATER AND AIR CONDITIONER OEM heavy duty, high output. COMPLY? ............................................. YES /NO 19 ( RFP 21-FD03 1.18 COOLING SYSTEM ENGINE Heavy-duty liquid system using a 50/50 mix of permanent type antifreeze and water for protection to -40 Fahrenheit. COMPLY? ............................................. YES _2 NO 1.19 MIRRORS, OUTSIDE OEM heated mirrors with power adjustment and built-in 2" x 6" convex mirrors, dual direction breakaway mounting arms with telescoping width adjustment. COMPLY? ............................................. YES _Z NO 1.20 TRIM PACKAGE. CAB XLT Trim Package; Aluminum wheels, chrome front bumper and grill. Color keyed door trim with map pockets, rubber floor mat, padded sunvisors, courtesy and dual dome lights, AM/FM Stereo Radio w/ CD & Clock w/ dual cab speakers. Power door locks, cruise control, tilt steering wheel, and power adjustable brake and accelerator pedals. COMPLY? ............................................. YES /NO 1.21 RUNNING BOARDS AND MUD FLAPS Heavy-duty aluminum Diamond Plate running boards will be installed from the back of the front wheel opening to the front of the module box. They will include mudguards to protect the chassis and module. Rubber mud flaps will be installed behind the dual rear wheels. COMPLY? ............................................. YES I/ NO 1.22 MISC. CHASSIS ITEMS Jewel effect daytime running headlights, dual pitch horn, reduced sound level exhaust, OEM standard undercoating, step -well pad and factory supplied jack and tire tools, dual air bags. COMPLY? ............................................. YES ___ZNO 1.23 REMOTE ENTRY Remote Entry & anti -theft with two (2) key FOB'S shall be included. COMPLY? .............................................. YES ___V NO 3.3.2 MODULE CONVERSION 2.1 DIMENSIONS EXTERIOR Overall vehicle length 313.0 inches Overall vehicle height 111.0 inches 20 1 RFP 21-FD03 Overall module body length 156.0 inches Overall module body height 91.0 inches Overall module body width 96.0 inches COMPLY? ............................................. YES _-Z NO 2.2 DIMENSIONS, INTERIOR Length forward door to rear door 150.0 inches Width interior wall to wall 90.0 inches Width of aisle 49.0 inches Height floor to ceiling 72.0 inches Loading height 34.5 inches (Meets KKK and NFPA requirements) COMPLY?.............................................;� O YES N 2.3 GENERAL CONSTRUCTION The entire body will be a welded and SEAMLESS one-piece body. The entire perimeter and around all openings of the body shall be fully welded and ground smooth thus eliminating any joints or seams. The use of tongue and groove method of construction that requires the use of a seam sealer is not acceptable. This is to prevent the cracking of paint at these areas resulting in a buildup of road dirt and grime and the eventual development of corrosion along the tongue and groove seams. COMPLY? ............................................. YES _ ;� NO The aluminum skin, the roof and side panels, shall be permanently fastened to the framework using Lord 406/19 Acrylic Adhesive. Adhesive is applied to the sidewall skin to prevent warp age, oil canning and metal deflection associated with the welding of the sidewall skin to the structural framework. The use of double back adhesive tape is prohibited to eliminate the possibility of the adhesive tape failing to maintain a bond to the external skin. COMPLY? ............................................. YES _JZ/NO The body wall skin shall be of prime commercial quality .125" thick 3003 H14 corrosion resistant aluminum. All side and roof panels shall be .125" thick. The use of side and roof panels that are of a lesser thickness is strictly prohibited. COMPLY? ............................................. YES V NO The roof panel shall be a single sheet of aluminum. Covering the roof of the exterior body with sectional pieces of aluminum panels is prohibited. This is to eliminate the necessity for joints or seams where these panels join. COMPLY? ............................................. YES NO 21 1 RFP 21-FD03 The wall and roof support framework shall be .125' 6061-T6 extruded aluminum box beams and extrusions spaced on 12" centers or less. There shall be no frame members spaced at a distance no more than 12". The roof support framework shall additionally include .125" 6061-T6 extruded 1" x 2" aluminum box beams running the full length of the roof. The frame and skin shall be fully welded with no rivets. COMPLY? ............................................. YES /NO The exterior of the body will be finished smooth with 45 -degree SEAMLESS beveled extruded corners presenting a modern and dynamic appearance. The outer wall thickness of the extruded comers shall be .250" to provide additional protection at all corners. The body will be designed and built to provide impact and penetration resistance, with appropriate channel reinforcing to assure rigidity. COMPLY? ............................................. YES /NO All parts of the body and attachments will be fastened together with rust resistant fasteners in a manner that will preclude loosening of any bolts and screws, and the cracking of welded joints. The exterior body panels will be made of not less than 0.125" thick metal and be reinforced at all points where equipment will be attached. COMPLY? ✓ ............................................. YES NO The body will be a bolted and welded structure. Welding will not however, be employed in the assembly of the body in a manner that will prevent the ready removal of any component part for service or repair. COMPLY? ............................................. YES /NO In the assembly of the body, areas where steel is in contact with aluminum, there shall be butyl rubber isolator pads installed. This pad provides corrosion and water resistance. COMPLY? ............................................. YES /NO All fasteners, bolts, screws, etc used in the assembly of the body and all attachments shall be coated with the "ECK" brand corrosive protectant. Additionally, all exterior door hinges, both entry and compartment, are to be coated with "ECK" protectant prior to the installation of the door. This "ECK" coating is to be used in lieu of a gasket material behind the hinge to prevent the problems of gasket retention and deterioration. COMPLY? ............................................. YES --IzINO 22 1 RFP 21-FD03 2.4 ROOF The roof surface shall be SEAMLESS and CROWNED and of ONE PIECE of .125" aluminum (3003-H 14). The use of any type of sealer or caulking material is strictly forbidden. There shall be no lip or protrusion on the roof that could result in the entrapment of any water or moisture. COMPLY? ............................................. YES �NO The perimeter of the roof shall be constructed of 45 -degree SEAMLESS beveled extrusions that eliminate any lip or protrusion providing a smooth finish. The outer wall thickness of the roof perimeter extrusions shall be .250" to provide additional protection at all perimeter corners. COMPLY? ............................................. YES NO The roof under structure will be fabricated from extruded aluminum box beams (606146). The under structure will be constructed by welding 1" x 2" x .125" box beams lengthwise and by welding 2" x 2" x. 125" box beams, spaced on 12" centers or less, crossways forming a cross sectional grid roof support framework. The complete roof will be treated with a sound -deadening barrier. The roof panel shall be fully perimeter welded and adhesive bonded to the roof under structure with Lord 46/19 Acrylic Adhesive. The use of skip or intermittent welding of the roof perimeter is unacceptable. COMPLY? ............................................. YES --I// NO 2.5 SIDE WALLS The body sidewall skin shall be constructed of .125' aluminum (3003 H14). The sidewall under structure will be fabricated by welding 2" x 2" x .125" extruded aluminum box beams vertically, spaced no further than on 12" centers. The vertical tubing will join and be welded to roof supports (2" x 2" x .125' extruded aluminum box beams) to form an interlocking grid between the sidewall and the ceiling. The complete sides will be treated with a sound -deadening barrier. The body sidewall skin shall be fully welded around the entire perimeter and all body openings and adhesive bonded to the sidewall framework with Lord 406/19 Acrylic Adhesive. or COMPLY? ............................................. YES ✓ NO All body openings shall be seamless. Body openings framed with tongue and groove style extrusions requiring the use of seam sealer will not be acceptable. COMPLY? ............................................. YES � NO 2.6 FLOOR SUB -STRUCTURE The floor shall be at the lowest level permitted but not more than 35 inches from the ground. 23 ( RFP 21-FD03 COMPLY? YES O The floor sub -structure shall consist of two (2) 1/4" walls 2" x 2" aluminum tubes running at the outer edge for the full length of the floor and the chassis frame rails. There shall then be fourteen (14) 1 ''/2" x 1 ''/z" x'/4" walls 1 '/2" x 2" aluminum tubes running the width of the floor and fully welded to the outer tubes. This sub -structure frame is to mount on top of the Chassis frame rails via the ten (10) OEM Pucks. Two (2) Full -Length Plates measuring 3/4" x 6" shall be welded to the underside of the 1 '/2 x 1 '/z tubes, one left and one right. The outer edges of these plates shall be welded to the 2 x 2 primary box beams. These plates shall be bolted, via OEM rubber mounts, to gusseted steel brackets bolted to the OEM frame. There shall be ten (10) rubber mounts attaching the body to the frame. COMPLY? ............................................. YES �/ NO 2.7 EXTERIOR COMPARTMENT CONSTRUCTION Compartments provided on the unit will be constructed as follows: The compartment floor will be fabricated of .125 diamond plate aluminum (3003-H 14) and the ceiling and bulkheads of .100 diamond plate aluminum (3003-H14). All compartment floors will be reinforced with two 1 x2 aluminum bars on the underside of the floor. COMPLY? ............................................. YES ✓ NO All exterior compartments will be sweep out style to provide for ease of cleaning. Drain holes are not desirable. All exterior compartments will be vented to provide for the displacement of air when closing doors. Vent louvers shall be installed on the vertical walls of the exterior compartments. COMPLY? ............................................. YES _ZNO All exterior compartments shall be lighted when the compartment door is opened. Compartment lights will be LED, and flush mounted with wiring routed through the body eliminating any exposed wiring. COMPLY? ............................................. YES __ZNO All exterior compartment shelving shall be "Pan" style aluminum shelves mounted on two (2) sets of uni-strut tracks at each end of the shelf providing infinite adjustment. Rubber matting is to be installed on the topside of all shelving. COMPLY? ............................................. YES /No 2.8 DOORS The corner of each door frame shall be '/4" Cast Aluminum inserted $ welded to horizontal & vertical extrusions. This Cast part shall ensure superior strength as well as uniform fit & finish. 24 ( RFP 21-FD03 COMPLY? ............................................ YES --ZNO The door(s) of each compartment will be flush type (being on the level with adjacent body surface) and of PAN FORMED / EXTRUSION DOUBLE BREAK construction. The weather seal is to be mounted on the outer flange of the door with the latches and strikers mounted on the extruded second break inside the door opening. This door design eliminates exposure of the latches to the elements and prevents moisture from corroding the latch mechanisms. COMPLY? ............................................. YES ✓ NO All doors shall be constructed of. 125 aluminum andel 2'/z" thick. COMPLY? ............................................. YES ✓ NO The inner panel on all exterior compartment and entry doors will be fastened to the extruded doorframe and recessed into the door frame extrusion for a flush finish. Surface mounting of any interior door panels is not allowed. All fasteners used for the mounting of the interior panels are to have a rubber grommet affixed to the underside of the screw head to prevent the fastener screws from loosening and backing out of the extrusion. The interior door panels shall be readily removable for access to the interior of the door and the latching mechanism. COMPLY? ............................................. YES ---ZNO All doors shall be reinforced and cross -braced inside for increased strength allowing for the mounting of equipment on the door. COMPLY? ..................... r. ............ YES �/ NO To facilitate adjustment and routine maintenance of door linkage rods and latches, all patient compartment entry doors shall have access ports. There is to be an access port above and one below each interior entry door handle of sufficient size to allow for the adjustment of the door linkage rods. All ports are to be covered with a friction type "plug-in" plastic cover that is readily removable. COMPLY? ............................................. YES NO The door latch assembly of each compartment will be an Eberhard Grabber 21100 series, two (2) -point slam lock (206 rotary latch), of stainless-steel construction. Door latch assemblies shall be "blind mounted" eliminating any exposed mounting hardware on the exterior side of the latches. There is to be a rubber gasket between the exterior stainless-steel latch assembly and the aluminum door to ensure the isolation of the two dissimilar metals. The door linkage rods' connecting the door handles and the rotary latches are to be 5/32 steel rods threaded on turn buckle end. They shall be straight direct pull 25 1 RFP 2 i -FD03 rods with no bends built into the rods allowed. Adjustments to the entry door linkage rods are to be provided by a turnbuckle located above and below and adjacent to each interior door handle. COMPLY? .... ......................................... YES ZNO All exterior doors are to be lockable via an "automotive style" lock with all compartment and patient compartment entry doors being keyed alike. The key shall be double sided for ease of insertion into the lock. COMPLY? ............................................. YES No —Z Door strikers shall be installed on the vertical compartment flanges, with the exception of double doors. There are to be two (2) pins per door, with the exception of the battery compartment door. All striker pins shall be fully adjustable from the exposed side. They will be grade 8.0 cadmium plated steel strikers with a "captive nut" for adjustment and so located as not to interfere with the sweep - out design of the compartment itself. ALL EXTERIOR DOORS SHALL HAVE ROTARY LATCHES AND STRIKER POSTS THAT MEET FMVSS 206 REQUIREMENTS. COMPLY? ............................................. YES J NO All compartment and entry doors shall have one-piece Stainless Steel doorsill protectors that will cover both surfaces of the body opening. COMPLY? ............................................. YES / NO Each compartment and entry door will have a full width aluminum drip rail mounted above each door. All drip rails are to be attached using double back adhesive tape. The use of screws, rivets, or any other form of metal attachment is not acceptable. COMPLY? ....... ...................................... YES NO All compartment doors will be equipped with a gas strut door stay that holds the door at 90 degrees to the body when open. All gas struts are to be mounted in such a way as to allow for easy access if replacement or repair is required. COMPLY? .... ......................................... YES NO There shall be a "dampening" devise installed within each gas strut for the purpose of preventing the "shock" that can occur when a gas strut is fully extended. COMPLY? ............................................. YES ___Z1NO 26 1 RFP 21-FD03 Each compartment door will be mounted with a continuous stainless-steel hinge with a minimum pin diameter of (.250). Hinge Pin diameter of less than (.250) is unacceptable to ensure the long-term performance of the hinge in this extreme use application. Each compartment opening is to be sealed with full perimeter 5/8" wide by 1/2" thick hollow core wiper seal. The seal is to be mounted on the doorframe out board of the striker pins and the door latches. This seal ensures that each compartment will be dust and waterproof and that the striker pins and door latches will remain dry and clean. COMPLY? ............................................. YES __ZNO All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectix insulation. Additionally, there shall be a single layer of 2" polystyrene insulation installed in each door. COMPLY? .... I ......................................... YES iI NO Rear patient compartment doors shall be equipped with Cast Products "Grabber" hold -open devices. Side patient compartment door shall be equipped with Gas Strut door opening device. COMPLY? ............................................. YES NO Rear and side patient compartment doors shall have dark windows encased in extruded aluminum frames. Each rear 18.5" x 17.5' fixed window. The side door shall have an 18.5" x window with screen and window lock. COMPLY? ............................................. YES � NO Right side entry door opening 77H X 30" W Rear entry door opening (double door): 62.5'H X 48" W COMPLY? ............................................. YES /NO tinted safety glass door shall have an 17.5' slide opening 2.9 LICENSE PLATE HOLDER Installed in the center of the rear kick plate above the rear step bumper there shall be a Cast Products license plate holder. There are to be two LED lights mounted in the holder. COMPLY? ............................................. YES I/ NO 27 1 RFP 21-FD03 3.3.3 ELECTRICAL SYSTEM 3.1 ELECTRICAL SYSTEM COMPONENTS A Weldon V -MUX 100% solid-state microprocessor based multiplex system will be installed to control the electrical functions. The system will provide diagnostics lap top plug-in capability. The front console shall a Weldon Vista IV node interface display. The rear panel shall contain Vista IV node interface display. A Weldon High Content Node (S) shall be provided. There could be one or more depending upon demand requirements. Comply....................................................... YES ZNo 3.2 WARNING DISPLAYS A Vista IV Node Interface display and audible alarm will be integrated into the cab console and programmed through the multiplex system to provide visual and audible indications for: Outside storage compartment "door open" warnings Module Curbside and Rear "Door Open" Warning Low voltage alarm System Voltage System Errors Complyp Y ....................................................... YES zNo 3.3 VOLTMETER . The Vista IV on the console will display system voltage. Comply....................................................... YES , No 3.4 CONTROL PANEL PODS BUTTONS A console panel will be mounted in the cab and a rear panel will be mounted in the access door to the electrical service cabinet in the action area. The Vista IV will control all Emergency Warning functions as well as being able to control the Patient Compartment lighting and module heat/ac functions. The Vista IV buttons will have dimmable perimeter backlighting for easy identification. Comply....................................................... YES_/No 28 1 RFP 21-FD03 3.4.1 MODULE POWER BUTTON A module power button for the electrical system will be provided on the front panel Vista IV. Comply....................................................... YES V No 3.4.2 EMERGENCY MASTER BUTTON A single emergency master button will be supplied for activating all the emergency warning lights and will be provided on the Vista IV display. The emergency master button will activate the Emergency lights automatically. Comply....................................................... YES--j//No 3.4.3 FLASHER The flasher will be provided within and programmed by the multiplex electrical system. Comply....................................................... YES ✓ No 3.4.4 PARK OVERRIDE A park override button, located on the Front Console Visa IV panel, will reactivate all lights disabled when the transmission is placed in the neutral/park position. th Comply....................................................... YES V No 3.4.5 BACKUP ALARM OVERRIDE The Front Console Panel Vista IV will have a button to disable the backup alarm. This override will automatically reset to "Enabled" when the vehicle is removed from Reverse. Comply....................................................... YES /No 3.4.6 CURBSIDE SCENE LIGHTS "ON" WITH CURBSIDE DOOR The curbside scene lights will be programmed to activate when the curbside door is in the open position. Comply....................................................... YES No 29 1 RFP 21-FD03 3.4.7 REAR SCENE LIGHTS "ON" WITH REAR DOORS OPEN The rear scene lights will be programmed to activate when the rear doors are in the open position. Comply....................................................... YES/ o 3.4.8 REAR SCENES "ON" IN REVERSE The system will be programmed to provide activation for the rear scene lights, and the rear side scene lights, when the transmission selector lever is placed into the "reverse" position. Comply....................................................... YES INO 3.5 ELECTRICAL WIRING The vehicle's electrical equipment will be served by circuits separate and distinct from the chassis electrical system. All circuits shall be rated to carry 125% of its maximum load. All electrical wiring will be run in grease, oil, heat and moisture resistant looming. Harnesses will be fastened with vinyl -clad clamps and grommeted at any area they contact a metal edge. Every load carrying wire will be a minimum of 14 -gauge and will be color -coded and heat embossed with its function every 6 inches. There will be at least a 6 -inch service loop of wire at the point of attachment to each component. All electrical connections will be machine crimped; the use of Scotch -locks is strictly prohibited. COMPLY? ............................................. YES /NO 3.6 GROUNDING SYSTEM Because most electrical problems in all 12 -volt systems, but especially in emergency vehicles are due to problems with bad grounds, the body will be grounded to the chassis frame with two (2) heavy duty braided grounding straps. In addition, there will be grounding straps from the engine block to the body and frame. There is to be a Major Ground Buss Bar in the electrical panel that is connected to the ground straps and frame, and then each individual circuit will have its own ground wire run to that ground buss bar. This will greatly improve the grounding of all circuits in the vehicle and insure less electrical problems. The Weldon HC NODES shall be ground directly to the chassis batteries to eliminate any interference or possible loss of ground which would result in the shutdown of the entire NODE. COMPLY? ............................................. YES INO 30 1 RFP 21-FD03 3.7 ELECTRICAL SERVICE CABINET The electrical service panel will be mounted in the electrical service cabinet above the action area and will be easily accessible by activating a single latch allowing the Button POD Panel section to swing down. The V -Mux Node(s) will be located in an easily accessible location in the electrical service cabinet for service technicians to perform troubleshooting and service work. This cabinet must be solely for the electrical system components with a large enough door opening to perform work on the systems completely without removing them from the cabinet. Under no circumstances will any of the electrical systems be mounted in any exterior compartment. NO EXCEPTIONS COMPLY? ............................................. YES _'/ NO 3.8 12V DC OUTLETS There shall be two (2) Cigar style 12V DC outlets, one located in the action area, and one in the right front bulkhead ALS compartment. COMPLY? ............................................. YES / NO 3.9 11 OV AC SYSTEM There shall be a Kussmaul auto eject with deluxe cover bar graph (63-11-8106) weatherproof - 125V male receptacle rated at 20 amps with a spring-loaded cover assembly located on the front left corner of the module body for incoming 110 -volt power. This receptacle shall be labeled. It shall be wired through one 15 - amp circuit breaker. The circuit shall include two (2) 110 -volt interior receptacles, one located in the action wall area and one in the ALS area. Both outlets shall illuminate per KKK -A -1822-F. There shall be a Vanner Lifesine 12-1100 inverter/ 55 Amp with built in charger with remote switch provided for on board 110 V power. 3.10 LIGHTING, EMERGENCY The unit shall be equipped with the following warning lights: • Eight (8) Whelen M9 Series LED lights as follows: (2) Facing forward (2) Facing rearward (2) Facing right (2) Facing left • One (1) Whelen M9 Series clear LED light installed top center forward. • One (1) Whelen M9 Series amber LED light installed top center rearward. • Two (2) Whelen ION T -Series LED red lights with Chrome Flange mounted in the Front Fenders. • Two (2) Whelen ION T -Series red LED lights with Chrome Flange mounted on 31 1 RFP 21-FD03 the Grill. Circuit shall have a dual mode switch. "Primary" shall flash all lights. "Secondary" shall flash top red & amber lights only. Additionally, there shall be two (2) M9 series red and two M9 series clear on the mod front for a total of seven (7) front facing warning lights on the front of the module. Two (2) additional M9 series red lights shall be mounted at window height on module rear. Two (2) Whelen M7 series red lights shall be mounted over rear wheels, one on each side. Two (2) Whelen M6 series red lights shall be located in rear kick panel, one each side of rear doors. COMPLY? ............................................. YES �NO 3.11 SCENE LIGHTS There shall be four (4) LED Whelen M9 Series LED scene lights with 13 -degree tilt built into the lenses mounted two (2) lights on the left side and two (2) lights on the right side. There shall be two (2) LED Whelen M9 Series 9 x 7 with 13 -degree tilt built into the lenses mounted on the rear. A separate switch on the driver's switch panel shall control each pair. In addition, the right side and rear scene lights shall activate when the right side or rear doors, respectfully, are open. COMPLY? ............................................. YES —/, NO 3.12 DOOR SWITCHING Magnetic Door Switches shall be installed to activate Door Open, Compartment Open, Dome and Scene Lights. COMPLY? ............................................. YES /NO 3.13 SIREN AND SPEAKERS Siren shall be a Federal PA 300 with 200 -watt output. Dual Cast Products Siren Speakers shall be mounted outboard in the face of the Chrome Front Bumper, below the Headlights, in cast aluminum housings. A Federal Rumbler low frequency siren is required. COMPLY? ' O ............................................. YES N 32 1 RFP 21-FD03 3.14 SPOTLIGHT There shall be an LED spotlight, with eight -foot coiled cord and momentary switch, permanently wired into front console. A "Mic" style storage clip shall be provided. COMPLY? ............................................. YES ✓ NO 3.15 LIGHTS, PATIENT COMPARTMENT The ceiling headliner shall contain eight (8) Whelen High - Low intensity LED dome lights. The left and right banks of lights shall be switched separately. In addition, the left bank high mode can be switched from the drivers switch panel and will be activated by opening of the side or rear entry doors. There shall be a timer switch installed in the right wall at the head of the squad bench. The timer switch will allow the left bank of Dome Lights to turn on even when the master switch is in the off position. In addition, a 10" LED light shall be in the action area. COMPLY? ............................................. YES 1/ NO 3.16 CLOCK, PATIENT COMPARTMENT A Franklin digital Clock. 12/24 Hour patient compartment. display shall be located over rear doors in COMPLY? .................................. f ........... YES ✓ NO 3.17 SUCTION - ON BOARD_ An SSCOR/Board on Board suction system with an Impact E-12 Suction Pump shall be provided and mounted on the back wall above the action area countertop just forward of the CPR Seat. COMPLY?.........O .................................... YES 'J N 3.18 VENTILATION A 138 -CFM exhaust fan shall be mounted near the ceiling in the left rear of the patient compartment and shall be activated by a switch on the action wall. COMPLY? ............................................. YES �NO 3.19 LOW VOLTAGE ALARM A Low Voltage Alarm shall sound when voltage drops below 11.8 volts for more than 120 seconds. COMPLY? .............................................. YES / NO 33 1 RFP 21-FD03 3.20 SWITCH CONSOLE, DRIVER'S There shall be a switch console mounted in the center of the cab floor between the seats in such a way as to not interfere with access to the dash yet easily accessible to the driver. The console shall be easily removable to allow access for service. There shall be space provided for the installation of radios below the Weldon V -Mux Vista IV. The Vista IV shall have the following switching options. • "E" Master Switch / Primary/Secondary / Light Bar / Heat - AC / Patient Domes / Mod Power • Display Screen / Back up Alarm Disable / Voltage Alarm Disable • Door Ajar Light / Compartment Ajar Light • Siren - Horn / Left Scenes / Rear Scenes / Right Scenes • The cab console shall have a padded arm rest, cupholders, radio cutout, siren control and a MDT mount with docking station for customer Dell 5414 Rugged tablet. COMPLY? ............................................. YES NO 3.20.1 SWITCH CONSOLE, PATIENT COMPARTMENT The following switches shall be in the rear control panel, which shall be hinged for easy access to components. They shall be mounted in a double row at an angle facing the center of the cot and the squad bench. • Mod Power / Left Domes / Right Domes / 02 Light / Attendant Light • Inverter / Suction / Exhaust Fan / HVAC Fan Speeds / Heat - AC COMPLY? ............................................. YES--,/-' NO All switches in front and rear panels shall be incorporated in Weldon Vista IV display with push button controls. / COMPLY? ............................................. YES ✓ NO 3.3.4 PATIENT COMPARTMENT 4.1 FLOOR, PATIENT COMPARTMENT The sub floor shall consist of .090" thick 3003 H14 corrosion resistant aluminum 34 1 RFP 21-FD03 sealed watertight. Over the aluminum sub -floor there shall be a composite sheet of 3/ Coosa Board Fiberglass enforced marine grade", non -wood subfloor that is caulked and sealed. The subfloor shall have sound deadening and insulating properties. J COMPLY? ............................................. YES ✓ NO The floor is then to be covered with a single piece of commercial -grade, LON- PLATE non-skid flooring, which shall roll up the left wall and the squad bench approximately 3". Behind the linoleum at the base of the left wall and the squad bench, coving shall be installed providing a solid backing at the point of the bend in the floor. This coving shall run the full length of the left wall and the squad bench. Flooring shall be sealed at all edges to prevent water from seeping between the floor and cabinets. COMPLY? ............................................. YES w/ NO A formed 6 -inch, full width stainless steel floor protection strip shall be installed forward of the rear patient compartment door seal. Additionally, antiskid tape, 2 - inch -wide, is to be laid the full width just inside the rear entry doors over the floor protection strip. COMPLY? ............................................. YES ---,/NO 4.2. CABINET'S, INTERIOR All interior cabinets shall be constructed using .125 gauge aluminum formed and Tig welded. Framed using at a minimum 1' x 1" aluminum extrusions Each cabinet shall be a stand alone unit made of formed .090 gauge aluminum and shall not have common walls COMPLY? ............................................. YES _,ZO The aluminum interior cabinets shall Tig welded. COMPLY? ............................................. YES __�/ NO Exposed cabinet surfaces, interior and exterior, are to be spray coated with Zolatone. All cabinets and counter tops shall be caulked and sealed prior to spray on Zolatone. Cabinets shall incorporate 1 -inch aluminum radius corners throughout and have generous padding to lessen the chance of injuries in the event of an accident. Sliding Plexiglas windows shall be 1/4" thick with full height extruded aluminum handles mounted in full perimeter slide track. Door catches shall be flush -mount slam -type positive latching. COMPLY? ............................................. YES LNO 35 1 RFP 21-FD03 4.2.1 CABINETS, LEFT WALL Cabinets shall be designed as per drawings with a one-piece molded Fiberglass countertop for the attendant in the action area. Storage cabinet shall be located in the left rear and above the action area. The cabinet over the action area will have the same angle front to back as the cabinet with the switch panel. COMPLY? ............................................. YES NO The action wall shall house the technician's console, two oxygen outlets, vacuum outlet, aspirator collection bottle, Vista IV display with controls set up per customer requirements and, one 12 -volt connection and one lighted 11 OV duplex outlet. The upper action wall area shall be hinged for ease of access. COMPLY? ............................................. YES /NO 4.2.2 BULKHEAD CABINETS Cabinets shall be designed per drawings. The driver side cabinet shall incorporate a floor mounted climate control unit. Unit shall drain directly through the floor. Air in -take shall be at floor level, while output shall be ducted overhead, across the bulkhead cabinets. The return air shall be filtered. Directly above the climate control unit shall be a storage area. A horizontal cabinet shall be located above the walk-thru at ceiling level. The right side shall have a locking drug box at ceiling level, Mermaid MK6.2 SS, inside/outside access cabinets below all the way to floor level with one adjustable shelf, and two solid doors. The inside/outside cabinet shall be lighted at each shelf level with recessed lighting. The face of the overhead bulkhead cabinet doors shall be padded. The bulkhead shall incorporate a pass-through Plexiglas sliding window from the rear patient compartment to the front cab. This window shall be sealed and weatherproof via a flexible rubber boot connection between the cab and the modular body. The ALS cabinet shall have a Mermaid MK 6.2 SS Temperature controlled cabinet with a bottom hinged door. Just below the temp cabinet shall be double door cabinet with Inside outside access. One adjustable shelf shall be provided. COMPLY? ............................................. YES ___ZNO 4.2.3 SQUAD BENCH The squad bench base shall be constructed of 1 "xl "x .125"" gauge aluminum for strength and ruggedness. Storage space shall be provided within the bench to house the main 02 M cylinder on a Zico QRM-V bracket and accessed via a single squad bench lid. The lid will have a gas strut hold open device and paddle style latches. The interior shall be spray coated with Zolatone. Cushions, both seat and 36 1 RFP 21-FD03 back, shall be vacuum -formed seamless. There shall be two (2) EVS backpack style seats with all belts being tested and certified to meet or exceed FMVSS 206. Additionally, there are to be two (2) belts provided for the securing of a second patient on the Squad Bench. COMPLY? ............................................. YES ✓ NO 4.3 SEAT, EMT /ATTENDANT An attendant seat shall be located at the head of the primary cot. It shall be an EVS molded/contoured seamless seat with 5 -point harness and built-in child safety seat mounted on an EVS seat base. The seat and pedestal base shall be tested and certified to meet or exceed FMVSS 206. COMPLY? ............................................. YES --L,/ NO 4.3.1 SEAT, CPR- DELETED There shall be an extended action area with a cabinet below the countertop added as well as additional cabinets near center of the street side wall. COMPLY? ............................................. YES -jZ NO 4.4 UPHOLSTERY All door panels, seat cushions, and protective pads shall be constructed of fire - retardant foam, covered with minimum 40 -ounce vinyl. All seat and back cushions in the patient compartment shall be vacuum -formed seamless. f: COMPLY? ............................................. YES J NO 4.5 HEADLINER The headliner shall be constructed of aluminum sheet and spray painted in a semi- gloss white. There is to be a removable center section to gain access to wiring that is covered with a padded vinyl. COMPLY? ............................................. YES / NO 4.6 PANELING, INTERIOR Exposed surfaces shall be spray coated with Zolatone. Color to be approved by Milton Fire Rescue. COMPLY? ............................................. YES /NO 37 ) RFP 21-FD03 4.7 GRAB RAIL, OVERHEAD A full-length stainless-steel handicap style 1 1/2" diameter grab rail shall be installed on patient compartment ceiling. This rail shall be capable of supporting a minimum of 300 pounds. This Rail shall be treated with Agion Anti -Bacterial Coating. COMPLY? ............................................. YES _/_ NO 4.8 GRAB HANDLES, DOORS All entry doors will have a matching heavy-duty stainless-steel handicap style 1 1/2" V" bar grab handle that will be securely mounted slightly below the window. These Bars shall be treated with Agion Anit-Bacterial Coating. COMPLY? ............. NO ................................ YES 4.9 ALUMINUM WALL The lower left aisle wall shall be Zolatone spray coated aluminum shelf down to floor. COMPLY? ............................................. YES / NO 4.10 COT MOUNT A Stryker "Power LOAD" Cot Fastener shall be installed. COMPLY? ............................................. YES / NO 4.11 INSULATION The entire patient compartment, walls, ceiling, and floor shall be blanketed with two (2) layers of reflectix insulation. In between the two layers of reflectix insulation shall be a 2" polystyrene insulation to provide exceptional insulation and sound deadening qualities. To make certain the insulation stays in place, all insulation in the vertical walls is to be glued in place. COMPLY? ............................................. YES VXNO All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectix insulation. Additionally, there shall be a single layer of 2" polystyrene insulation installed in each door. COMPLY? ............................................. YES � NO 38 1 RFP 21-FD03 4.12 CLIMATE CONTROL Rear climate control shall be floor mounted in driver side bulkhead cabinet to shorten refrigerant and anti -freeze hoses and eliminate vertical circulation. Condensation from high humid conditions shall drain directly through floor. Air intake shall be at floor level; output shall be at ceiling level with return air at floor level for increased airflow. Return air shall be filtered. COMPLY? ............................................. YES /NO The unit shall be a Pro -Air with 32,000 BTU cooling capacity and a 35,000 BTU heating capacity. The blower motor shall have permanent magnets and be capable of delivering 630 CFM of airflow. It must be removable without removing entire heat/cool unit and without disconnection of any coolant lines. An external condenser, Pro Air model 50 000 517, shall be installed on the front of the module. The rear A/C system shall have a TM -16 compressor that is separate from the cab A/C for a separate system for the rear A/C. Controls for the A/C shall be accessed by the Vista IV display. COMPLY? ............................................. YES _ZNO 4.13 SHARP'S CONTAINER A waste basket and Sharp's container shall be located at the head of the squad bench. Access shall be through a slide out drawer which will slide out towards the stepwell. COMPLY? ............................................. YES v NO 4.14 OXYGEN OUTLETS Oxygen system shall be plumbed with conductive hose from oxygen compartment to two (2) Allied, Ohio style oxygen outlets in the action area, and a third near the forward end of the squad bench. COMPLY? ............................................. YES / NO 3.3.5 EXTERIOR BODY 5.1 REAR WHEEL WELL TRIM The rear wheel wells shall be trimmed with polished Stainless Steel Fenderettes that shall be attached to the body with stainless steel fasteners. There shall be a gasket 39 1 RFP 21-FD03 placed between the aluminum body and the stainless steel fenderette for isolation of the dissimilar metals. COMPLY? ............................................. YESNO 5.2 RUB RAILS There shall be bolt on clear anodized extrusion rub rails with a wall thickness of (.187). They shall run the full length of the body and be mounted at the base of each side of each side of the body. The rub rails shall be spaced '/4 inch from the body with Delrin spacers. COMPLY? ............................................. YES __ZNO 5.3 BUMPER, REAR STEP The rear step assembly shall be constructed of 1 3/" X 1 3/4" tubular steel frame bolted to the chassis frame. The center section shall be non-skid grip strut aluminum and shall "Flip -Up" to allow adequate clearance of the Cot Wheels while Cot is being loaded. The ends shall be constructed of diamond plate end caps with 18" X 4" X 4" heavy-duty rubber dock bumpers. COMPLY? ............................................. YES __L�Z NO 5.4 DOORSTEP, SIDE The side doorstep shall be formed of aluminum diamond tread and shall be flush sweep out style. Antiskid tape, 2 -inch -wide, is to be laid the full width of the step just inside the entry door. Additionally, there shall be a formed 3 -inch, full width stainless steel floor protection strip installed over the flooring at the top of the step. An LED step well light is to be installed on the forward vertical wall of the step well with the wiring to be pulled through the backside of the step well. The Lower Side of the step well shall be covered with Hush Mat to reduce road noise. COMPLY? ............................................. YES _JZ NO 5.5 STONE SHIELDS Diamond plate stone shields shall be installed on the front edge of the module body directly behind the cab at skirt level. These shields shall extend up the front of the box approximately 16 inches. COMPLY? ............................................. YES ZNO 40 1 RFP 21-FD03 5.6 EXTERIOR COMPARTMENT CONFIGURATION • STREETSIDE FORWARD COMPARTMENT On the forward wall of the compartment there shall be a removable panel approximately 8" square in size located opposite of the shoreline plug. This panel, when removed, provides access to the shoreline plug when service or replacement is required. 3M sound deadening coating shall be applied to the back of Compartment 1. COMPLY? ............................................. YES / NO • GENERAL STORAGE COMPARTMENT This compartment shall be located street side between the #I compartment and the left side drive wheels and is to be used for general storage. There is to be a single door on this compartment. The compartment size is to be 30" wide x 40" tall x 20.5" deep and have an adjustable shelf. The shelf shall be a full width, full depth aluminum "pan" style storage shelf installed in the compartment. The shelf is to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the topside of the shelf. 3M sound deadening coating shall be applied to the back of Compartment 2. COMPLY? ............................................. YES /NO • DRIVERS SIDE REAR COMPARTMENT The left rear street side exterior compartment shall be for customer storage. Specifically, two (2) SCBA brackets shall be mounted on angled brackets one on forward wall and one on rear wall. There is to be a double door on this compartment. There shall be two (2) Streamlight model 07630 Gen II 4 cell LED flashlights with 12V charger bases. 3M sound deadening coating shall be applied to the back of Compartment 4. COMPLY? ............................................. YES NO 0 BACKBOARDS/ STAIRCHAIR AND GENERAL STORAGE COMPARTMENT 41 1 RFP 21-FD03 The right rear curbside exterior compartment is to be located rearward of the right -side rear corner of the body. This compartment is to provide backboard and stair chair storage and for storage of miscellaneous equipment. The Compartment shall be 84 3/8' tall x 20" wide x 20.5" deep. There shall be three (3) aluminum "pan" style storage shelves installed in the compartment along with a .125" thick aluminum divider. The shelves are to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the top side of the shelf. 3M sound deadening coating shall be applied to the back of Compartment 5. COMPLY? ............................................. YES t/ NO • GENERAL STORAGE COMPARTMENT Forward of the curbside rear compartment and rear of the wheel well shall be a general storage compartment. The size shall be 25" tall x 22" wide x 20.5" deep. 3M sound deadening coating shall be applied to the back of Compartment 6. • ALS IN/OUT ACCESS There shall be a single full-length door located at the right front (curbside) allowing for In/Out access to the ALS interior cabinet. COMPLY? ............................................. YES / NO 5.7 LIGHTING, DOT The vehicle shall be equipped with jewel affect daytime running headlights and two amber park/turn lights on the front. The Module Body shall have at least eleven (11) Innovative Brand LED clearance lights with "each light having four (4) LED's and grounded via a ground wire". Each top front corner shall have amber lights mounted on the front and side of each corner. There shall be three (3) red lights at the top rear center of the module. Each top rear corner shall have red lights mounted on the rear and side of each corner. There shall be three (3) amber lights mounted on the center front of the cab roof. The rear of the module box shall have two (2) Whelen 6M series amber LED arrow turn lights, two (2) Whelen 6M series red LED tail/brake lights, two (2) Whelen 6M series LED reverse lights. They will be mounted in chrome flanges on the modular body above the diamond plate in the above listed order top to bottom. Mounting 42 1 RFP 21-FD03 of these lights shall be as far outboard on the rear of the module body as possible. All lights shall be as per I.C.C. requirements. / COMPLY? ............................................. YES ✓ NO 3.3.6 BODY FINISH 6.1 PAINTING PROCEDURE An extensive 12 -step painting process is to be followed and strictly adhered to as follows: Prior to paint all doors, chrome trim, lights, handles, steps, and all other attached equipment shall be removed to assure the paint process covers the entire body. No Weather-stripping will be attached to the body during the paint process. COMPLY? ............................................. YES tI NO The entire outside of the body shall be sanded with a minimum of 180 grit sandpaper and cleaned and deburred of all rough edges. The entire body shall then be wiped clean with PPG DX436 wax and grease remover prior to painting. as COMPLY? ............................................. YES ✓ NO The body shall then be coated with one (1) coat of PPG Delfleet Evolution F3993 Epoxy Primer followed by two (2) coats of PPG Delfleet Evolution F3975 Urethane Primer. Once the primer has been applied the entire unit shall be baked at 150 degrees for a minimum of 30 minutes. The primer shall then be sanded prior to the application of the topcoat. COMPLY? ............................................. YES ✓ NO Once the application of the primer has been completed, a topcoat consisting of (2) coats of PPG Delfleet Evolution FBC Color Coat is applied followed by (2) coats of PPG Delfleet Evolution F3921 Clear coat for a durable long-lasting high gloss finish. The entire unit shall then be baked a second time at 160 degrees for a minimum of (45) minutes. / COMPLY? ............................................. YES NO The module and cab shall be wet sanded and buffed. The final step shall then be to apply Rubberized undercoating to the underside of the cab and the body in strict adherence to Ford QVM guidelines and the KKK- 1822- F Specification just prior to delivery. 43 1 RFP 21-FD03 COMPLY? ............................................. YES .�NO Warranty shall be a full 5 -year / 100,000 -mile NON -PRORATED Modular Paint Warranty. COMPLY? ............................................. YES t" NO 3.3.7 ADDITIONAL OPTIONS The following options shall be provided: • Standalone cabinets in extended cab area of the chassis. One for driver's side and one on passenger's side. A 1 " lip shall be provided at the top of each cabinet. Cabinet Size TBD but will accommodate ballistic vest and EMS pants at minimum. • Whelen flashing amber led lights at top and bottom of all rear facing entry and compartment doors. • Two (2) Dual USB outlets. Location TBD • Power door Locks for patient and all exterior compartments. Locks to work with OEM Key FOB. With hidden lock/unlock button near rea license plate Safety Vision Color back up camera • Two (2) Zico QRD-2 Spare 02 Cylinder holders. Located in pass thru area. • Cargo Net at head of Squad bench • Chevrons on lower entry door panels (6" 3M diamond grade Red/Yellow) to match rear. • Technimount Cardiac Monitor bracket for LP 15. • A 4' dropped skirt line forward of rear wheels on curbside only. • Reflective tape in lower rub rail. • 10 lb Fire extinguisher with mounting Bracket. • Match current Milton Black over red paint scheme. Roof to be painted white. • Graphics to match current Milton design. • Inside outside access for cabinet at foot of squad bench. • Stryker Power Cot 6506 per Milton requirements. • Cab seats to be reupholstered with matching gray vinyl. • Glove box holders over curbside door and one glove box holder on inside of lower rear entry doors. • Install Customer supplied Knox Keysecure 5 in cab. Exact location TBD • Install customer supplied Thermal Imaging Camera Bullard XT series wireless truck mount charger in extended area of cab. Location TBD. • Installation of customer supplied CradlePoint COR series router IBR900/TBR950 wireless internet module. • Install customer supplied Motorola APX 6500 series radio system. To include factory -install of radio harness and antenna on mod roof. 44 1 RFP 21-FD03 3.3.7 PAYLOAD 7.1 PAYLOAD There shall be a minimum of 3900 lbs. of usable payload. Weight determination shall be made with standard unit, full complement of fuel, fluids and spare tire. Any optional equipment shall be deducted from payload. COMPLY? ............................................. YES ✓ NO 3.3.8 MISCELLANEOUS EQUIPMENT 8.1 DECALS, NO SMOKING & OXYGEN EQUIPPED There shall be two (2) NO SMOKING and two (2) OXYGEN EQUIPPED signs, one each in the cab and one each in the patient compartment. COMPLY? ............................................. YES t/ NO 8.2 I.V. HOLDERS There shall be two recessed, swing -up dual I.V. bag holders mounted in patient compartment headliner. The holders shall be Cast Products # IV -2009 (KKK -1822-F Approved). COMPLY? ............................................. YES /NO 8.3 ANTENNA PRE -WIRE Two (2) pre -wire antenna coaxial cables delivered, one to the drivers switch console and one to radio cabinet. There shall be a raceway provided to be able to run radio cable from the cab to the patient compartment. COMPLY? ............................................. YES Ll NO 8.4 WIRING SCHEMATIC There shall be a complete SPECIFIC wiring schematic showing all circuits, including optional equipment included in the owner's manual. COMPLY? ............................................. YES NO 3.3.9 WARRANTY 9.1 WARRANTY COVERAGE (See Warranty Certificate for Details) Three year / 36,000 -mile Product Conversion Warranty. Six-year / 72,000 -mile Electrical System Warranty. 45 1 RFP 21-FD03 Five-year / 100,000 -mile NON -PRORATED Modular Paint Warranty. LIFETIME Modular Body Structure Warranty. There shall be no pro -rating allowed for any portion of the above listed warranties. COMPLY? ✓ ............................................. YES NO 3.3.10 REQUIREMENTS OF THE MANUFACTURER 10.1 KKK -A -1822-F CERTIFICATION This unit shall meet all KKK -A-1 822-F specifications and the manufacturer shall have current documentation of compliance with all KKK -A -1882-F standards and all subsequent revisions. COMPLY? ..................... V ....................... YES NO 10.2 CAAS GVS V2.0 CERTIFICATION This unit shall meet all CAAS GVS (Ground Vehicle Standards) V2.0 specifications and the manufacturer shall have current documentation of compliance with all CAAS GVS V2.0 standards. COMPLY? ............................................ YES ,/'NO 10.3 FORD QVM PROGRAM This unit shall meet all Ford QVM Program requirements and the manufacturer shall be a current member in good standing of the Ford QVM Program. COMPLY? ............................................ YES 1/ NO 10.4 AMD / NTEA MEMBERSHIP The manufacturer shall be a current member in good standing of the Ambulance Manufacturers Division (AMD) of the National Truck & Equipment Association (NTEA). The unit shall be built in compliance with all AMD "Standards" AMD001-27. COMPLY? ............................................ YES NO 10.5 REMOUNTING AND REFURBISHING The manufacturer must be capable of remounting and / or refurbishing used units. The facilities for such purpose shall be located at the manufacturer's primary location. The subcontracting of remounting and refurbishing is strictly prohibited. 46 1 RFP 21-FD03 COMPLY? ............................................ YES I-' NO 10.6 FORD POOL ACCOUNT PROGRAM The manufacturer shall be a current member in good standing of the Ford Pool Account Program. COMPLY? ............................................ YES NO 3.4 SERVICE FACILITY REQUIREMENTS The successful offeror must have access to a service facility within 100 miles from City of Milton. Offeror must list below the nearest service facility and parts department to the City. Mobile service is required to service the ambulance provided by the local dealer. Facility Name: -hf i-- X_ LtY'e Address: _3)' b d V'5 f' /l/ Phone Number: 41-) 9 - 1 Contact Name: Approximate Miles from Purchaser: 3.5 REFERENCES S C I � 1A C- L-,iw cy Five (5) current users of the ambulance Brand offered shall be provided. Please provide the agency name, contact person, phone number and email address. Offerors should use their own form for this. SECTION 4: PROFESSIONAL PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 PROFESSIONAL INFORMATIONAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 48 1 RFP 21-FD03 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria The award of the contract will be based on certain objective and subjective considerations listed below: Technical Qual'rfications (35 pts): Vendor shall provide detailed documentation to evaluate design and quality of the Type I Ambulance. Vendor to provide detailed information that demonstrates that the cab meets or exceeds all standards for crashworthiness. Vendor shall provide detailed quality program information and/or ISO Certificate. Vendor should address the entire Quality Process to include at a minimum the Design, Order Acceptance, Specification Control, Procurement to the Specifications, Supplier Verification of Conformance to Purchased Part Specifications, Management Responsibility, and Document Control, Manufacturing Control, Final Testing, Third Party Process Control and Final inspection of Ambulances. Service (35 pts): Vendor shall provide service center location address and distance from the City of Milton. Vendor shall, provide information on their ability to provide on-site service and response time from time of service is requested for both critical and non-critical issues. Vendor shall provide qualifications and certifications on their Emergency Vehicle Technician (EVT) certified service personnel. Vendor shall provide warranty information and thoroughly describe warranty and service processes. Delivery Time (10 pts): Vendor shall provide information on their ability to deliver the completed unit and provide their time schedule of completion from the Notice To Proceed (NTP) and order. Cost Proposal (20 pts): Total Possible Points Available are 100 points 49 1 RFP 21-FD03 1. Interviews and Product Demonstration If applicable, short-listed Offerors will be invited to make a presentation to the City of Milton. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The top-ranked proposal will be recommended for contract award, pending successful negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Professional should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring Professional at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Professional. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the some order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring vendor will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractor. All subcontractors, if any, must be listed in the proposals. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or 50 1 RFP 21-FD03 indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Offeror is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Offeror nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Offeror must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Offeror subjects subcontractors to the same provision. The Offeror agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. IN SERVICE TO SERVE YOU Exhibit B Proposal Documents for RFP 21_FD03 7-12-21 Ten-8 Fire & Safety is thankful for the opportunity to respond to this opportunity to supply an ambulance for City of Milton Fire Rescue Department. The following pages contain the following items listed below: • Ten-8 Company Summary and Service Center information. • Osage Design Adherence & Quality assurance Information. • Ford Cab crash Testing • Drawings of Ambulance Offered • Graphic Layout of proposed ambulance • Line Specifications of ambulance Offered. • Osage/Ten-8 References • Ford F-550 Ambulance KKK-1822-E Certification. • Third Party testing Lab ISO • Osage Ford QVM • Osage NTEA membership • Osage Warranty Document Ten-8 and Osage have together delivered the entire fleet of ambulances for Cherokee County, Clayton County, and Hall County in Georgia as well as many Fire Services in FL including one of the largest departments in the US, BSO (Broward Sherriff's Office) Fire Rescue Department. Company Summary: Ten-8 Fire & Safety, LLC is a major United States distributor of fire and emergency apparatus and equipment. Focused on serving customers in Florida and Georgia, our knowledgeable staff of sales, service, and support personnel is comprised of over 125 employees. Over the last 35 years, Ten-8 has worked diligently to improve our business and expand our customer base, continually investing in our personnel and facilities. Operating out of seven (7) service locations, Ten-8 strives to serve our customers with excellence. The Region's Premier Provider As the region's premier provider to the Fire & EMS Industry, Ten-8 represents only the best brands available. Among these are Pierce fire apparatus, Braun ambulances, Osage ambulances, Demers Ambulances, Crestline Ambulances, MSA firefighting equipment, Globe protective gear, TNT Rescue extrication tools, Key Hose fire hoses, Task Force Tips (TFT), and Elkhart Brass firefighting equipment. These companies manufacture items such as fire hose and fittings, turn out gear, hand tools, scene lighting equipment, hydraulic rescue equipment, breathing air apparatus, fire trucks, and ambulances -anything and everything our customers might need, available from one local dealer. A Commitment to Honesty. Fairness, and Reliability Ten-8 takes the ideals set forth in our Mission, Vision, and Values to heart each day. Our Mission is to partner with fire and safety professionals in saving lives and protecting property by offering outstanding products and premier service. Ten-8 serves our customers with the utmost professionalism and integrity. Our Vision is for Ten-8 to be the premier service provider to the fire and emergency industry. Market growth will be achieved by providing the highest quality products through the most knowledgeable and professional sales force. Ten-8 will create a work environment that fosters employee growth, development, and opportunity. Our Core Values are grounded in integrity. • Customers -Ten-8 is honored to serve the fire and emergency professionals in Florida and Georgia. Our customers put themselves in harm's way to save others, and Ten-8 is F3 EVT: 9 Technicians F4 EVT: 3 Technicians T4 ASE: 2 Technicians T3 ASE: 1 Technicians T6 ASE: 1 Technicians T1 ASE: 1 Technicians A4 ASE: 1 Technicians AS ASE: 1 Technicians Pierce Certifications: 23 Technicians with 3 Masters Page I 6 humbled by their courage and commitment. Ten-8 endeavors to make their jobs safer and more effective. • Employees -Our employees are our greatest asset. Ten-8 provides opportunities for advancement with proper training and education. Ten-8 values teamwork, dedication, and a positive attitude. • Suppliers -Ten-8 represents only the best products available. Ten-8 seeks to create and maintain loyal partnerships with our suppliers. • Work Environment-Ten-8 will always endeavor to "do the right thing". Our business is based upon mutual respect, communication, trust, security, and stability In May 2020 Ten-8 was awarded the coveted MSA President's Award for 2019. This award is given to the number one distributor of MSA/Cairns products for all the United States of America . Page 12 Current Locations: BRADENTON, FL 2904 59th Ave. Dr. E. Bradenton, FL 34203 Sales: 877-989-7660 Service: 941-756-7779 Hours of operation: Office: 8:00am -5:00pm Shop: 7:30am -4:00pm SANFORD, FL 141 Maritime Drive Sanford, FL 32771 Service: 407-328-5081 Hours of operation: 7:30am -4:00pm COBB COUNTY, GA 3200 Austell Road SW Marietta, GA 30008 Service: (478) 994-3235 Hours of operation: 07:30 -4:00pm FORT MYERS, FL 16130 Lee Road, Suite 100 Fort Myers, FL 33912 Service: (941) 718-0017 7:30 am to 4:00 pm, Mon-Fri DEFUNIAK SPRINGS, FL 1549 Highway 90 E. Defuniak Springs, FL 32433 Service: 850-892-1352 Hours of operation: Service: 7:30am -4:00pm POMPANO BEACH, FL 2651 Wiles Road Deerfield Beach, FL 33073 Sales : 877-989-7660 Service: 954-272-1430 Hours of operation: 7:30am -4:30pm FORSYTH, GA 1591 Collier Road Forsyth, GA 31029 Service: 478-994-3235 Hours of operation: 7:30am -4:00pm Page I 3 Strategic Affiliations: Ten-8 believes that serving customers extends be yo nd th e selling of appar atus an d se rvice. The establishment of relationships and support of activities, projects, and organizations is a core foundation to how Ten-8 operates daily. Ten-8 has developed and fostered multiple strategic affiliations over the years . A few examples of these affiliation include the Georgia Fire Chiefs' Association, Georgia Metro Chiefs, Florida Fire Chiefs Association (FFCA), Firefighter Cancer Support Network {FCSN), Florida Firefighter Safety and Health Collaborative, and the Commission on Fire Accreditation International (CFAI). In January 2015, Ten-8 made the decision to affiliate with the FCSN with an initial donation of $10,000.00 {a joint contribution between MSA and Ten-8). Ten-8 felt strongly that this organization supports the kind of activity, research, and impact that is consistent with the core operating values of the company. Ten-8 continues to support the network by distributing published research and sponsoring local cancer education luncheons conducted by the network. In May 2017, Ten-8 signed a Memorandum of Understanding "MOU" with FCSN to become a "Signature Partner'' with a financial commitment of $5,000.00 annually for 3 years to FCSN. In January 2018, Ten-8 began a partnership with the Florida Firefighter Safety and Health Collaborative. The Florida Firefighters Safety and Health Collaborative {FFSHC) was founded in 2016 and is a free program for fire departments .S re-.-phcl::s O we suppcn O\.'f eust~rs 100"i: of tne \tay r ,t11:::h ,s 11',i'ty -r.-e were thni ec tc oe at tnei , lnternaliooal .=.tcre<ld..Jtton nein~s dunng :FP.1201 .. 1 Congratu,ations CIJ,lon C 0t.,rtt, Fif e&. E:irero.o:-r.c , s~ .1~es Broward Snert.rs Office .1nd S1 Pe1e1sc:Jrg Fire .Re,:uc' that are looking to enhance and maintain safety programs and committees. FFSHC focuses on firefighter safety and health by sharing resources and best practices within each region in Florida. In addition, they have started Georgia Collaborative. Within these regions, firefighters, fire chiefs, and other Safety and Health advocates meet to share policies, procedures, and other resources. Ten-8 Fire & Safety, LLC has partnered with FFSHC to help ensure that resources are available at no cost to fire departments and safety advocates. Here at Ten-8, we are proud to sponsor FFSHC and their mission of "providing education, training, and sharing of best practices to minimize risks and exposure to our Florida and Georgia Firefighters." Page 14 Ten-8 is a member of FEMSA (Fire and Emergency Manufacturers and Services Association). We attend yearly meetings and as a member of the GAC (Governmental Affairs Committee), we attend Hill Day in Washington DC each year. We partner with our customers and lobby Congress to support fire and emergency initiatives. Ten-8 service center that is closest to City of Milton is in Marietta at 3200 Austell Rd SW which is 37 miles away. Ten-8 has Two mobile techs that perform on-site inspection and repairs. Ten-8 Response time from time of service is requested for both critical and non-critical issues: Critical: Within 24 hours. Non-Critical 24 to 48 hours. List of EVT and ASE technicians in Georgia: Fl EVT: 6 Technicians F2 EVT: 4 Technicians Page I 5 Osage Design, Adherence to Specifications and Quality process Osage Ambulances has been in business since 1983, when we started the company by building personal-use conversion vans. We expanded into the custom ambulance business in 1985 by building Type II ambulances. That was the start of a lot of growth, as we made high quality custom ambulances. From there, we continued to expand into other types of ambulances . Seven years later, in 1992, we were making modular ambulances. Since 1992, we have been in the same location, kept the same company name and worked with the same core group of managers to continue to provide our customers with a great custom ambulance. Our new ambulances always have state of the art features and technology. Our process from start to finish begins and ends with meeting and exceeding customer expectations. The life of an order begins with our amazing Dealer Network. The dealer in Georgia is Ten-8 Fire & Safety, LLC. 1. Dealer Submits customer approved ambulance Specifications and schematics with Order. 2. Osage does an engineering review of the order and schematics to confirm order details are per Osage standard product design and notes any special items. 3. Production does a review to confirm line specifications match the schematics and order form. 4. Line specifications and drawings are sent back to dealer for review and final approval by the end user. 5. When the order is confirmed by dealer, engineering and production control release Bill of Materials for purchasing to order long lead time items. 6. Clear identification of each part number, pieces, and components for warranty/ claims purposes is part of detailed process. 7. Truck is scheduled for production. 8. Production control reviews Schematics, drawings, documentation of each change item, photos throughout build process & completed truck, and any additional notes/ items on each unit that goes through our facility. 9. Osage utilizes the highest quality raw materials in our building process and procure only materials that meet/exceed all requirements. 10. There are Quality inspection points through every single operation at our facilities, including multi-point inspections prior to final delivery. 11. Osage maintains testing documentation on all required industry safety tests. 12. Osage encourages a final inspection by dealer and end user upon completion and delivery of the unit to assure customer is satisfied the customer with final product. A comprehensive facilities tour can be found on our website at: https:ljwww.osageambulances.com/about-osage/faci lity-tour/ 2021 FORD F-250 SUPER CAB PU/EC4WD IMAGE NOT AVAILABLE 0 INVESTIGATIONS 0 RECALLS COMPLAINTS 5 i nhtsa.gov FRONTAL CRASH SIDE CRASH ROLLOVER -------------·-· -- Overall Front Star Rating * Combines Driver and Passenger star ratings into a single frontal rating. The frontal barrier test simulates a head-on collision between two similar vehicles, each moving at 35 mph. Front Driver Side Front Passenger Side ** ** * (4) YHl.EN M9 j ~ > ' =-V°(RS)) SMART LEDS iii![_____ <=._ W...A..J' - (2) 'MlELEN M8 U----2tl I w4:l Qle •1i-ll---24---IV""(AM8) I.EDS (2) lt!ELEN MS '(RED) LEDS ,(2) lt!ELEN MO (a.R) LEDS (2) llt!ELEN MO ,__ "(RED) LEOS (♦) YHl.EN M9 I b fl / \. 1/"(Rfl)) SMART LEDS NO1ES: lHIS DRA'IIINC IS NOT TO SCALE. QIARAC'!tRSllCS ANO DIIENSIOIIS Of' FINISHED PRCOUCT NAY VAAY. NOTES: 1.) COMPARTIIOO DIMENSIONS REFlICT CIPENINO a.EARAIICE. 2.! APPAOlGMATE COMPARTIIENT DEPTH•20 1/2"0aP. 3. MOCM.E DIIENS10Ns-11!0"l • IO"W • lll"H ♦• llfflRIOR M00ULE HEAD ROOU-72"H. 5, ALL 9x7 UGHTS TO 8£ WHELEN M9 SERl£'S LIGHTS, 8. DOUlllE STAINI.ESS lHRESHOIDS. 7, MlELEN AMBER OS LIGHTS OH rol' a, BOTIOM OF ALL REAR-fAQIIO DOORS. Stock7Job#: Osage-Dealer: End Customer: 92" 'MiEEL BASE Drawing# ---Jcusf App'v/Date# MI_LT~-10_Q Oeal'r App'v/Date: sage -1 WIN RIDGE ROA'I:5' n ustries, F.0.50X11s nc. UNN. MO. 6505 I 3 I I I I I NOTICE_ !Drawn By: --,oate: S.A.H. Scale: 05-13-211 N9T TO SCALE 2 26 2 SAH Th,:,,drawingand/orthe infonnation !Drawing Description: REVISION DRAFT 05--1 hereon i~ the cxclu:,,1vc propcrt!J ot Ooagc 1 810 DRAFT 05-13-21 SAH , lndu:,,tric:,, and :,,hall not be reproduced, , used or d isclosed w,thout the authonzed Rev.# Revision Description Date Rev'd App vd v.nttencon:,,entof0.,a_g_elndu .. tne5. EXTERIOR LAYOUT TYPE-I WARRIOR, EXTENDED CAB R~~lon_ 1 ( 4) v.t!ELEN M9 (RED) SMART LEDS (2) v.t!ELEN ION-T (RED) LEOS C) 6:8 0 .._ .._ v.t!ELEN M9 AMB) SMART LEO C) (4) 'MiELEN M9 (RED) SMART LEOS (2) WHELEN M6 (AMB) LEOS (2) WHELEN M6 1..1t-tt-(REO) LEOS . : . : •;: ~: ! : ! : ! : ! : ~: ~: ! : ! : ! : • ; • ; • ; • ; • ; • :: : : : : : : : : : : : : : : : : ~ (2) WHELEN M6 "(CLR) LEOS N01ES: THIS ORA'MNG IS NOT TO SCALE. CHARACTERISTICS ANO DIMENSIONS OF FINISHED PRODUCT MAY VARY. NO'l[S: 1.) COMPARTMENT OIMENS10NS REFLECT OPENING CLEARANCE. 2, APPROXIMA1E COMPARTMENT OEPTH=20 1/2"0EEP. 3, MODULE OIMENSIONS=156"L x 96"W x 93"H 4, INTERIOR MODULE HEAD ROOM=72"H. 5. ALL 9x7 LIGHTS TO BE v.t!ELEN M9 SERIES LIGHTS. 6. DOUBLE STAINLESS THRESHOLDS. 7. v.t!ELEN AMBER OS LIGHTS ON TOP & BOTTOM OF ALL REAR-FAONG DOORS. StockJJob#: Osage-Dealer: End Customer: ·····•·········•· ·=~=~=~=~=~=~:-: ., .. ·,·e3t••·1 sage TWIN RIDGE. ROA15 (2) WHELEN M6 0(RED) LEDS App'v/Date# Deal'r App'v7Date: naustries, F-0.50X11s nc. LINN. MO. 6505 I 3 I I I I I NOTICE. !Drawn By: IDate: S.A_.H. 05__-1-3_-:-2_1 cale: NOI T9 SCALE 2 REVISION ORAfT 05-24-21 SAH Th,5 drawing and/or the information 7DrawingDescription: 1 hereon i, the exdu,ive propert_y of O,age 1 BIO ORAfT 05-13-21 SAH • lndu5tne5 and 5\,,.II not be reproduced, 1Rev # Re . . D . t· D t . A • d used or d isclosed without the authorized . v1s1on escnp 10n a e Rev d pp v wntten con5ent oF Q5a_g_e lndustne5. EXTERIOR LAYOUT, FRONT /REAR TYPE-I WARRIOR, EXTENDED CAB 8ev~lon 1 (2) WHELEN M9 LEO (CLR) SCENE LIGHTS 1------------156 ,., I ::---. -< s2· WHEEL BASE / I 's:j ,./ \\ \I I I i-----~,t,------t-----74 > II 1---------------------------AP,PROX. 313"'-------------------+--i ANGLED BRKTS . NOTES: THIS DRAWING IS NOT TO SCALE. CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. NOTES: 1,) COMPARTMENT DIMENSIONS REFLECT OPENING CLEARANCE . 2, APPROXIMATE COMPARTMENT DEPTH=-20 1/2"DEEP. 3. MOOULE DIMENSIONS-=156"L x 96"W x 93"H -4. INTERIOR MOOULE HEAD ROOM=-72"H . FOR SCBA'S MOUNTED iN CORNERS 16" ABOVE FLOOR 5, AU. 9x7 LIGHTS TO BE WHELEN M9 SERIES LIGHTS. 6. DOUBLE STAINLESS THRESHOLDS. 7, WHELEN AMBER OS LIGHTS ON TOP & BOTTOM OF ALL REAR-FAaNG DOORS. Stock/Job#: App'v7Date# Deal'r App'v/Date: Erid sage T WIN RIDGE. ROA1:5 3 I I I I I NOTICE. jDra-wn By: !Date: S.A.H. 2 05 26 21 SAH Th,,. drawing and/or the infonnat,on !Drawing Description: REVISION DRAFT --. . nc. naustries, f .O .t':>OX11s LINN . MO. 65051: Scale: Q5_:-13-2j L _NQT TO_ SCALE R~visl011_ hereon 1:1 the exduorve pro pe rt_<J of 0Mge 1 1 BID DRAFT 05-13-21 SAH . lndu5trie5 a nd sh ... 11 not be reproduced, I I used or d isclos ed w,thout th e authorized Rev.# Revision Description Date Rev'd App vd wnttenconse11tofOsa~elndu,.tnes. EXTERIOR LAYOUT, STREETSIDE TYPE-I WARRIOR, EXTENDED CAB 1 (2) \W-la.EN M9 LEO (CLR) SCENE LIGHTS (2) \W-IELEN M9 tREO) SMART LEOS D = >---12/ / I 192" WHEEL BASE i------'14 I / 84• CAB TO AXLE NOlES: THIS ORA'MNG IS NOT TO SCALE. CHARAClERISTICS ANO DIMENSIONS OF FINISHED PROOUCT MAY VARY. NOlES: 1.) COMPARTMENT DIMENSIONS REF1£CT OPENING a.£ARANCE. 2.! APPROXIMA1E COMPARTMENT OEP1H=20 1/2"0EEP. 3. MODULE OIMENSIONS=158"L x 96"W x 93"H 4. INTERIOR MODULE HEAD ROOM=7Z"H. 5.! ALL 9x7 LIGHTS TO BE \W-IELEN M9 SERIES LIGHTS. 6. DOUBLE STAIN LE SS THRESHOLDS. 7. WHELEN AMBER OS LIGHTS ON TOP & BOTTOM OF ALL REAR-FAaNG DOORS. Stock/ Job#: Osage -Dealer: End Customer: Drowing# ---fCust ~ App'v/Date# MILJC>ti-HlOC. Deal'r -App'v7Date: sage TWI N RI DGE. ROA15 naustries, F.0.5 0 X11s nc. LI NN. MO. 6505 1 3 I I I I I NOTICE 1orawn By: -!Date: S.A.H . Scale: 0_5_-13--:-21 I_ _NOJ TO SCALE 2 REVISION CRAFT 05-26-21 SAH Thio drawing and/or the inf~~ation--lDrowirig DescripUon: 1 hereon io the e xduoivc propert9 of Ooage 1 BID DRAFT 05-13-21 SAH • lnd uotrico and ohall not be reproduced, 'Rev# R . . D . t· I I usedordisdoscdwitho ut theauthorized . evIs1on escn 10n . . P Date Rev d App vd wnttenconscnt ofO,a..s_elndu,tncs. EXTERIOR LAYOUT, CURBSIDE TYPE-I WARRIOR, EXTENDED CAB Rev!_slon 1 DO NOT ANGLE TO MATCH ACCESS PANEL TO RADIO .ACTION WALL /CABLE CHANNEL, TOP OF #1 rs~ 431 I 40¼ i 40 • ' I 33~ I 1---◄ • / .BULKHEAD. A -------7r------- :: ADJ. -------ir--------------1 ·sHELF 0~ ~ .Y-MUX VISTAIISCREEN 17ft 23¾ II 11111l_ ! __ __ __l ,r1 sioEEP: ! !Ii _j __ __ Jl ------- ■ ill!l{O I • II 43l 11 I lll / 802 l:!j ~ l2l2J lll ij:I I I ~I • ::-= ------,r--ADJ. :: rsHELF ~---Jl ____ ~ --~ ----~39------- I I -~--~ i !b-------f I I I r ! I!~. I u ! ~ I J: I l I I 123~ I 1 i I NOTES: 1-=--==-======-=--===-=-------------150.1-----------....... -----------l 1.) ALUMINUM CABINETS. 2,) 15" BODY, 72" HEADROOM. J.) S.S. SOUTHCOS. NOTES: THIS DRAWING IS NOT TO SCALE. E.V.S. 5-PT. CHILO/ATTENDANT SEAT· 30a 54~ 22! 11¾ CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. Stock7Jobf. App'v/Date# Deal'r App'v/Date: NOTES: CABINET DEPTHS REPRESENT DIMENSION FROM INSIDE REAR TO FRONT FACE OF CABINETS, WITHOUT TRIM. ACTUAL WORKING DEP1H WILL BE LESS THAN DIMENSION SHOWN UNLESS 01HERWISE SPECIFIED. Osage-Dealer: End Customer: sage TWIN RIDGE. ROA15 ndustries., Inc. F.O.E>OX1rs LINN,M0.6,051 3 I I I I I NOTICE. 1orawri By. -· --.□ate: S.A.H. Scale: 05-1~-2JI NOT TO SCALE 2 2 2 SAH Thi;,, clrawi~g a;;;:v o~he infor;ation -!Drawing Descrlp tlon: REVISION DRAFT 05-6-1 . hereon •• the exclusive propert_y of Q,-age 1 BIO DRAFT 05-13-21 SAH . Industries and shall not be reproduced, • • • . , , uoed or disclosed wit.hout the authorized Rev.# Rev1s1on Description Date Rev d App vd writtenconsentofQ,.a~elndustrie". STREETSIDE INTERIOR TYPE-I WARRIOR, EXTENDED CAB Revi~lon 1 DO NOT ANGLE TO MATCH ACTION WALL I 't 21-----i--------------t'\7-----------i 5X17 02 ACCES 71~ 15~ 2· C~PA(HMEN "LEFTWALL" (4) ROUND VENT "BULKHEAD" !(f'-~\ I: I : I i I : I : I I I I L: I I '-L-i I I I I ,---rn----7 .. di ,. ---2-------- E.V.S. 5-PT. CHILD/ATTENDANT SEAT- NOTES: THIS DRAWING IS NOT TO SCALE. ·14 LOCKIN CUSHION □II "ALS" I 35-----i 2) QRD2 BRKTS. 54~ 20~ EDI-KOOL 6.2 .(2) ADJUSTABLE SHELVES CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. NOiES: CABINET DEPTHS REPRESENT DIMENSION FROM Stock/ Job#: Drawing#-----leust~ App'v/Oate# IDeal'r App'v/Date: •I --MILTON-10_2 INSIDE REAR TO FRONT FACE OF CABINETS, WITHOUT TRIM. ACTUAL WORKING DEPTH WILL BE LESS THAN DIMENSION SHOWN UNLESS OTHERWISE SPECIFIED. Osage D-e-aler: EndCus1omer: sage J ndustries, J nc. TWIN RIDGE. R.OA'D°' F-0 E:iOX 11 s LINN, MO. 6,o, 1 3 I I I I I NOTICE. 1urawn t:JY: 1Date: _S_.A.H. Sc-ale: 05-13-2_1l___NOT TO SCALE 2 REVISION DRAFT 05-26-21 SAH This ,lra;;-ngancl/orthe informatio;,-TDrawlng-Descriptlon: hereon ;., the exclusive propert~ of Q,,age 1 BID DRAFT 05-13-21 SAH . lndu5tr1es and shall not be reproduced. Re V # R · • D • t • , , usied or disdosi,d without thi, authonzi,d . ev1s1on escrtp ton Date Rev d App vd -• wnttcn con5cnt of 0:1a$c lndu5tncs. FORWARD INTERIOR TYPE-I WARRIOR, EXTENDED CAB Revi~on 1 17ij I II I II 11i s4a (2) QR02 BRKTS. (3) 10X5~X3 GLOVE STORAGE ·2 "BULKHEAD" II I II ~II "ALS" 33 ------------------------ AMBER OS LIGHT-0 ~ 1_,,, 0 O" i ♦ ♦ + + + + + + + + ♦ + ••••••••••••••••••••••••1• \ 'I + + + + + + ♦ + + + + ♦ + + + ♦ + + + + ♦ + + + ♦ + + + + ♦ + + + + ♦ + 150 "T 3 ------SEAMLESS CUSHION -- M 'UWd.. ,; •• --~---[O LJ ~--='LI \ ~QU,6,i;J l!j~NCl=I I I l J 2 ACCESS HOLE '¥ I --------,32 f'='I \ 69~ \ II 24 11 -------~----~----125--------------------..ii FLIP-UP CUSHION 54i AMBER OS LIGHT-TO SHARPS & WASTE ·z1co BRKT. FOR "M" TANK NOTES: THIS DRAWING IS NOT TO SCALE. CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. NOTES: CABINET DEPTHS REPRESENT DIMENSION FROM INSIDE REAR TO FRONT FACE OF CABINETS, WITHOUT TRIM. ACTUAL WORKING DEPTH WILL BE LESS THAN DIMENSION SHOWN UNLESS OTHERWISE SPECIFIED. Stock/ Job#: Osage Dealer: End Customer: Drawing# ~iN-UIJ !Cust. App'v/Date# Deal'r App'v/Date: sage TWIN RIDGE. ROA'IJ ndustries, F.050X11s nc. LINN, MO. 6,o, 1 3 I I I I I NOTICE. !Drawn By. !Date: S.A.H. Scale: 05-13-211 ~OLTO __ SCALE 2 REVISION DRAFT 05-26-21 SAH Thi5 clrawingancl/orthe information --IDrawingDescriptlon: hereon j5 the exclusive propert~ oF Qs,.ge 1 1 BIO DRAFT 05-13-21 SAH . lnclustnes ancl 5hall not be reproclucecl, Rev# R • · D • t• 1 , d usr,dordisdosr,dwithouttheauthonzed . ev1s1on escnp 10n Date Rev d App v . • wntten consent oF Os¾e lnclustnes. CURBSIDE INTERIOR TYPE-I WARRIOR, EXTENDED CAB Revision 1 CARGO NET SHARPS & WASTE ACCESS DOOR RANKLIN DIGITAL CLOCK I I l12:O0! ~ BER OS LIGHT-0110-AMBER OS UGI/ff I I I I I I I i 3 ,. I I I 544 : fT // ~ ~ V ~ // A ~ A 0110 0110 + + + + + + + + + + ++~+ + + + + + ♦ + + + C:::) + + + ♦ + ♦ ♦ ♦ ♦ + ♦ + ♦ ♦ + + + + + + ♦ + ♦ + + + + + + + + + + + + + ♦ ♦ + + + + + + ------------ "LEFTWALL" ----2--------+----------------2 t----i (2) 10X5~X3 AMBER OS LIGHT NOTES: THIS DRAWING IS NOT TO SCALE. GLOVE STORAGE CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. 71~ NOTES: CABINET DEPTHS REPRESENT DIMENSION FROM INSIDE REAR TO FRONT FACE OF CABINETS, WITHOUT TRIM. ACTUAL WORKING DEPTH WILL BE LESS THAN DIMENSION SHOWN UNLESS OTHERWISE SPECIFIED. Stock/ Jobi: Orciwlng# ----jcust. App'vlDate# • , MJLTQN-_104 Oeal'r App'v7Date: Osage Dealer: End-Customer: sage TWIN RIDGE . ROA'r:5' 3 I I I I I NOTICE. 1orown~By: !Dote: S.~.H. 2 REVISION DRAFT 05-27-21 SAH T~ ~lra~ing-,mJ/orthe inform;it,on !Drawing Description: nc. ndustries, F.O.E>OX71B LINN, MO . .S jOJ I Scale: 05_-1J-2jl_ _ NOT TO SCAL.E B~islon hereon ,s the exclusive propcrt_y of Osage 1 BID DRAFT 05-13-21 SAH . lndustnesandshallnotbereproduced, Re V # R • • D • t • , , use d o r disclosed without the a utho rizr.d . evIsIon escn I0n p Date Rev d App vd wntknconscntofOMgclndustncs. REARWARD INTERIOR TYPE-I WARRIOR 1 "REARWARD ENTRY" ---------150~--------- --------124¾---------26~ 22~ ·I· 24 -24---24 "LEFTW,-1L" I ~ -------·•·-·-·-· ~r I , , I THIS ROW Yv!RE{D AS CHECK+oulrs i i I L , =-r,--·-·-·-+·-t-·-+·-·-·-+·--·-+·--·-+·-,· ... -Elll-·-+--t-·-+·-·-·-+·-·-·-+· , I -91 S.S. GRAB RAIL (8) WHELEN ROUND LED DOME LIGHTS ·-•--· "RIGHTWALL" "BULKHEAD" ~21 "CURBSIDE ENTRY" NOTES: THIS DRAWING IS NOT TO SCALE. CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. Stock/ Jobf: Drawing#--{Cust. App'v/Date# • , _ MILTON-10~ Deol'r App'v/Dote: Osage Dealer: End-Customer: sage j ndustries, J nc. TWIN RIDGE. R.OA'o' r.o. E>ox 1, 8 LINN. MO. 6,o,, I I I I I NOTICE. ' Drawn By: !Date: -----lSccile: 3 S.A.H . QS-13-211__ NOL TQ S.CALE 2 REVISION DRAFT 05-26-21 SAH This dr,;wing ;,ncl/or-theinform;,tion !Drawing Description: [Revisloo hereon is the exclusive property of Osage 1 810 DRAFT 05-13-21 SAH . In dus tries ;,nd sh.~11 not be reproduc.ed, Rev# R • · D • t' , , usedordisclosr.dwithoutthr.,.uthonzt:d . ev1s1on escnp 10n Date Rev d App vd -wntt.::n consent of Osage lndustncs. CEILING LAYOUT TYPE-I WARRIOR, EXTENDED CAB 1 l 21 "PATIENT ENTRY" 21 ~: 43¾ -1 4 j--26~ I 150 1 NOTES: 1.) LON PLATE FLOORING. 2.) STRYKER POWER LOAD. SEAMLESS CUSHION 2NOISTEP ♦ • ♦ ♦ • + ♦ ♦ • + ♦ • ♦ + ♦ ♦ • ♦ ♦ ♦ ♦ + + ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ + ♦ ~ • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ • ♦ + ♦ + ♦ ♦ ♦ • • ♦ ♦ ♦ ♦ • ♦ ♦ • ♦ ♦ ♦ • • ♦ + ♦ ♦ ♦ + • + ♦ • • ♦ ♦ ♦ ♦ + • ♦ ♦ ♦ ♦ • • • ♦ • ~ ♦ ♦ ♦ ♦ ♦ + ♦ • ♦ ♦ • ♦ ♦ + + ♦ ♦ ♦ ♦ ♦ + • ♦ ♦ • ♦ ♦ ♦ • ♦ ♦ ♦ ♦ • ♦ ♦ • !+ ••• ♦• •• ♦ ♦ ♦ ♦ + •♦ ♦• ♦ ♦• ♦ ♦• ♦• ♦ • + + + ♦ ♦ • + • ♦ + 24 J 69~--+--t 22~J 36¾ 20~ 91i 35~ FLIP-UP CUSHION TO SHARPS & WASTE "CURBSIDE ENTRY" NOTES: THIS DRAWING IS NOT TO SCALE. CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. Stock/ Job#: Drawing# .. ~ ]Cust. AppTv/Dcite# ·~· jDeal'r App'v/Dote: . , MIUQN-L06 Ena Customer: Osage Dealer: sage J ndustries, J nc. TWIN RIDGE.ROA~ F.0-50X11s LINN,M0.65051 3 I I I I I NOTICE. 1orawn t:iy: 1Date: S.A.H. Scale: 05-1.3-211 NOT TO SCALE 2 SAH This ,lrawing anc!/orthe inrormat,on I Drawing Descripflon: REVISION DRAFT 05-26-21 . hereon ,s the exclusive propert~ or Osage 1 BIO DRAFT 05-13-21 SAH . Jncluotneo ancl shall not be reproclucecl, 1 us,:d o r disdos,:d without the authoriu:d Rev.# Revision Description Date Rev'd App vd wntten c onscntof05:1.,s_el11clustnes. FLOOR LAYOUT TYPE-I WARRIOR, EXTENDED CAB Revi.1R()l1 1 s• EN& TURN GOLD/ REFL RED 3" REFL BLACK 6" ENG TURN GOLD/ IEFL RED Stock/ Job#: Osage Dealer: NO1ES: THIS DRAWING IS NOT TO SCALE. CHARACTERISTICS AND DIMENSIONS OF FINISHED PRODUCT MAY VARY. End Customer: sage TWIN RIDGE R.OA'l:5 App'v /Dote# Deol'r App'v/Dote: n ustries, nc. F.O. E:>OX 7 1 s LINN, MO. 6;o; 1 Scale: 07 -12 -21 NOT TO SCALE 2 REVISION DRAFT 05-26-21 SAH This drawing and/or the information Drawing Description: l------4------------------11------4----~-~ hereon is the exclusive propert~ of Osage Revision 1 BID DRAFT 05-13-21 SAH Industries and shall not be reproduced, t------+------------------<>-----+---+-------< used or disclosed without the authorized Rev.# Revision Description Dote Rev'dApp'vd writtenconsentofOsagelndustries. EXTERIOR LAYOUT TYPE-I WARRIOR, EXTENDED CAB 1 03118/2021 Dealer Name: Ten-8 Fire & Safety LLC OSAGE AMBULANCE 2022 WARRIOR ORDERFORM Salesperson: _D_a_v_id_B_artl_ey..._ _____________________________ _ Customer Name:_c_1...,·1y,_o_t_·M_ilt_o_n _____________________________ _ & Address Fire Rescue Department 13690 Hwy 9 Bldg A Milton, GA 30004 Shipping Address: ----------------------------------- Ten -8 1591 Collier Rd Forsyth, GA 31029 Fleet Number: KL048 ----------------------------------- Contact Name: Honor Motes Email: hemn: motes@citvpfmiltoooa us Phone: 678-242-2500 Fax: Chassis Type: 2022 F-550 4x4 Super Cab 193" Osage Unit #: VIN: I FORD F-SERIES TYPE 1-2022 w/UREA-D.E.F .• CHASSIS ONLY I F-550, 193" WB, 4x4 SupcrCab l Option : Liquid Spring Suspension (Front 11 0lbs, Rear: lSOlbs) Option: Add Aluminum Wheels I FORD F-SERIES TYPE I -2022 CONVERSION ONLY I 1 Ford 2148 Warrior 2022 Warrior Order Form 1 al 6 03/18/2021 •Warrior: 148"l x 68" Headroom •Super Warrior: 168"L x 72" Headroom •Aluminum Diamond Plate Running Boards •Rear Mud Flaps • Totally •Seamless" Body Construction • Exterior Side & Roof Panels .12S" Aluminum • One-Piece Exterior Side Panels • One-Piece Crowned Roof • Frame Members 2• x 2" Aluminum Tubing • Frame Members on 12" Centers or less • Diamond Plate Shields: -Across Lower Rear of Body • Across Lower Front of Body -Lower 1/3 of Entry Doors • All Exterior Doors "Pan-Formed" / Extruded Double Break Construction MODULE • All Body Openings #Seamless" • All Door Latches Mounted Behind Gaskets • Exterior Compartment@ Front left for Storage of Oxygen Tank and Back Boards • Exterior Compartment Adjustable Shelving • Exterior Compartment lighting • Cast "Grabber" Door Holders • Lower Body Impact Rub Rails • Polished Stainless Steel Fenderettes • Flip-up Rear Step Bumper w/ 4" x 18" Dock Bumpers • Automotive Undercoating WARNING SYSTEM • Two Red Whelen ION-T Mounted in grill • Two Red Whelen ION-T Intersection lights Mounted in Front Fenders • Eight Red LED Whelen 9x7 Modular Lights • One Oear LED Whelen 9x7 Front Modular Light • One Amber LED Whelen 9x7 Rear Modular light • Two LED Whelen 9x7 Scene lights Per Side • Two LED Whelen 9x7 Rear Load Lights • Primary/ Secondary Switching • Carson SA 400 Siren •Siren/ Horn Switch • Cast Siren Speaker • Rear DOT lighting Whelen LED 4x6 w/ Chrome Flanges: Red Tail/ Brake, Amber Arrow Tum • Reverse are LED PAINT & MARKINGS • 8" Belt Line Paint Stripe • Base Coat/ Clear Coat Modular Paint • "No Smokin~ & "Fasten Seat Belt" Signs •Ambulance/ Star-of-life Decals ELECTRICAL • Digital Voltmeter • Audible Low-Voltage Alarm • Weldon V-Mux Electrical System w/ Load Management & Sequencing System • Wiring Color-Coded and Heat Embossed Every 6" w/ Function • Power Distributi on Panel Easily Accessible Via Hinged Access Door in Action Area • One Piece Molded Front Switch Console • Hinge Mounted Attendant Switch Console • Control Console Backlighting Dimmer • Battery Switch Activated via Ignition Switch • Open Door Warning light • Hand Held 300,000 CP Spotlight • Whelen Dual Intensity LED Patient Compartment Dome lights • Exterior Weatherproof Shoreline Receptade • Two Interior 110V Duplex Receptacles • Two Interior 12V Cigar Style Receptacles • One Pre-Wire Antenna Cable • Electrical Back-up Alarm INTERIOR • All Vertical Comers l" Radii • Stainless Steel Aisle Panel, Left Side, Full Length x 18" x .060" • Lon-Plate, non skid Vinyl Flooring Rolled 3" Up Both Sides of the Aisle • EMT Seat, Pedestal Mounted Deluxe Seamless Vinyl Captains Chair w/3-Pt Belt • CPR Seat, three piece, molded contoured cushions • Squad Bench • Retractable Seat Belts for All Locations • Handicap Style, 1 ½" Diameter, Full Length, Stainless Steel overhead Grab Rail. This Rail shall be treated with Agion Anti-Bacterial Coating. • Handicap Style, 1 W Diameter, Stainless Steel Door Pulls on Patient Compartment Doors. These Bars shall be treated with Agion Anti- Bacterial Coating. • Padded Bulk-Head Cabinet Doors • ALS Compartment w/ In/Out Access • R-29 Reflectics Insulation Through-out Module • Thermostatically Controlled Patient Compartment Heat & Cool System • 3-Speed Manual Fan Control • Rear Heat & Cool Unit Mounted Floor level; • Moisture Drains Directly Through Floor • Short Coolant Circulation Distance • Eliminates Vertical Circulation of Coolant • Unit Easily Accessible for Maintenance • Overhead Air Distribution w/ Floor Level Filtered Air Return for Optimum Circulation • Two Recessed, Swing-up Dual IV Hangers • "Zico" Retaining Bracket for Oxygen "M" Cyf • Three "Ohio" Oxygen Outlets • SSCOR Suction System • Locking Sharps Container (Shipped Loose) • Locking Drug Compartment • Digital Clock • Stryker "Performance load" Cot Fastener • Seamless Seat Cushions EMERGENCY & EXTERIOR LIGHTING & SIREN OPTIONS 2022 Warrior Order Form 2 of6 03/18/2021 Q 22 W-03 W-04 ~-8 W-36 I I 4 2 2 18 9 Q~ 6 I I I I Qty l Qty I ~ _l_ l Qty 2 2 I 8 Qty l l 1 1 W-37 W-38 W-39 W-41 W-45 W-55 W-56 W-60 W-68 W-69 W-70 W-71 W-75 W-89 W-94 E-10 E-13 E-16 E-23 E-24 E-38 E-39 E-41 E-42 EMERGENCY & EXTERIOR LIGHTING & SIREN OPTIONS I J. ,,, M, ,,,_ '•" WhtJen ·SmartDn~ tED'a :.;·~ '• .I Upgrade 900 10 M9 LED. R Upgradc90010 M9, Amber, Blue, RIB, R/A Upgrade 900 to M9, All or 1/2 Clear Additional M9, Red Additional M9 (All or 1/2 CLR) Additional M6 LED, R, B or A Whelen OS Light (top & bottom of all compartment & entry door interiors) Add Any light to Interior of Door (Add to Light Price) Specify Flash Pattern to set LED's to LED's to be:: X Unsynchronized Synchronized on K Flasher I ,_ '7 . Scene Lights , " ,., 'll[''r~r, ,1'. ,. I M9 LED Scene, Upgrade Upgrade Brake/Tail to M6 (Pair) Upgrade Tum to M6 (Pair) Upgrade Reverse to M6 (Pair) EMERGENCY & EXTERIOR LIGHTING & SIREN OPTIONS Continued Siren & Speabn Federa Rum er (On y Availa le w Federa Siren, e en 295 Sirens. Signal #SS700-008. Code VCON & 3997RS. Carson SC-4074 Commander) SA-430 Siren w l Remote Control Head, Upgrade Exterior Lighting LED Running Board Lights Techniques E-41 LED Strip Lighting in all Compartments ELECTRICAL OPTIONS Jin~ Chlirgers,llatuii,._ Sllorelines & OUdets. Kussmaul inverter/charger 1500 w indicator PIN 70-03-1306 Choose One: Inverter on with X lgnidon Switch In Rear Panel NOTE: BATTERY CHARGER REQUIRED IN KKK-F Upgrade lo Kussmaul Auto Eject Shoreline Plug, 20 Amp ! Oudets & Interior Lighting 110 V Outlet, Additional per Outlet Dual USB Outlet location TBD Power Door Lock Control Head Power Door Lock Per Door I Pre-wires, Radios, Intercom, & Clocks I Antenna Pre-Wire, (additional per Pre-Wire) Pre-Wire & Ground for Radio, (additional per Pre-Wire) Install Customer Anleana (each) Install Customer Radio Head (each) 2022 Warrior Order Form 3of6 03/18/2021 ELECTRICAL OPTIONS V-Mux Options E-56 Side Scene on in Rcvc:rse E-oO Upgrade Switches to Vista N Screens HV AC Systems E-75 Auxiliary Condenser E-76 Upcharge to Install Condcnsor on Front of Module Qtyr----::=-=-c:-! Mirrors, Hind-Sight, Backup Camera, & Spotlights l E-8 I Safety Vision Color Reven;c Camera Qty Additional Electrical Options & Spedal Instruction Separate compressor for Rear A/C Pro Air TM-16 2 Flashlights ,Streamlight Lightbawk 07630 Gen II 4 cell w DC charger, Orange one in comp! 2 and one in empt 4 I MEDICAL OPTIONS I Q I . '• CotMoaab ' I ~ ., I l M--08 _S_t_,cyk'--er_U_ru_·v_crsal_·_F_l_oo_r_P_la_t_e_O_n_,IY ... (._P_o_w_e_rl_oa_d_ins_t_al_le_d_b_,y ... T_e_n_-8--')'--_____________ _ Provide Model Number of Customer's Stretcher Qty I , 'OXygeu I M-15 Additional 02 Outlet Over Squad Bench 2 M-23 Zico Portable 02 Bracket QRD2 Qty l Qty SELECT STANDARD D or JUMBO D I Additlen.al Medical Opiiou & Special,lnlltrllcdons Medikool 6.2 SS located in ALS, per drawings Pre-wire for powerload Zico QRM-V installed in Squad bench, per drawings Vinyl Color: (Standard Colors: Ash Gray, Lonplate Color: #424 Gunmetal INTERIOR OPTIONS Qty _._,l ,,.. ___ .,._,,,..,...,,,-------------Floo __ r1_n ... 1, __ Ais_l_e,._Badd>oa _____ r_d_S_l_ots _____________________ _. ~ 1--06 Composite Subfloor 0t~ I •-. . · ~ · -·"' . "' '"' •.• Seating, Sq_11:ul.,Bendl, EMT, CPR ., 1--07 Swivel Pedestal for EVS Attendant Seat I-12 5-Pt. Child Seat l I-22 Cargo Net, End of Squad Bench 2 EVS backpakstyle seats, ILOS squad bench, per drawings I INTERIOR OPTIONS I Qty I .. , ,. · :.,. · Cabhletry, Windows.Mar:li&i' Boards, Shelves, & HV AC.Ducts I Note: Select One of the Following No/Charge Front Console Configurations: Dual Drink Holders l I-29 Radio/Notebook Cabinet in Cab (Design Required) l 1-32 Alwninum Cabinetry (Requires Spray Coating) Choose Zolatone Color: __ ?? __ _ NOTE: Depending on Cabinet Layout, Varying Amounts of Wood Panels will be used in Construction l 1-45 Interior Access to Exterior Compartment l 1-59 Glove Storage Over Side Entry Door l I-61 Two (2) Glove Storage Recessed Into Rear Entry Doors J. 1-64 Chevrons on Entry Door Kickplatcs (Per Door) Color af Chevrons: eDow NOTE: Requires EX-34 2022 Warrior Order Form 4of 6 03/18/2021 Qty l!!. Qty Qty l Qty I Qty 1 Qty 2 Qty ,1 2 l I-79 1-80 1-95 1-96 1-98 EX-01 EX~3 EX-05 EX~ EX-16 EX-18 EX-19 INTERIOR OPTIONS Continued , • ,,ry ,;, Doors, Locks, & Latches CounterTo & Nok: Sda:t Oae of die Following No/Cha~e Standard Counter Top Colors: Spcddcd Gray Speckled Blue Speckled Red Speckled Tan Note: Provide Color of Silk Stone Counter Top if Ordered: Technimowtt I I Sharps, Waste, & Drawen Sharps & Waste Drawer , 1naulatlon & S01111d Deadening Sound Deadening Under Floor 3M Sound Deadening on Back of Exterior Compartments INTERIOR OPTIONS Adilfflonsl ·Headroom;Crawl Througla (Type -1), ·Barlatrlc Package Custom Headroom. Fill in Height __ 74_ · rAddft,onal laterior ,Options',&' Spedal Instructions MDT mount in cab consisting of Havis base C-HDM-212, C-MD-112 arm, DS-DELL-411 docking station Stand alone cabinets installed in extended cab portion ( same as Largo) one on D/S and one on P/S I , · Custom Body_ Siz.e, Comparonents, Doon & DDclr Window Custom body Length. Fill in Length 156 Please specify if you want #4 and/or #5 W-ulened at No Charge Additional Exterior Companmcnl, (per comparunent) Change Exterior Compartment Size Double Door on Exterior Compartment !LO Single Door Dry Deck All Compartments j ' · · -" , i 1 1 Shelves & Dividen. _A, , • Adjustable Shelving Unit in Exterior Compartment w/One Sbelfup tp 12" wide Adjustable Shelving Unit in Exterior Compartment w/Onc Shelf 12"-30" wide Continued Qty ! RUb Rall, Tow Hooks, Mud Flaps; Cbafns l EX-45 Rctlective Tape in Rub Rail-FILLIN COLOR_ Qty I MISCELLANEOUS OPTIONS l MS-05 Delete Decal Package Note: Does Customer Require a Spot for Stryker Stair Chair? State Dimension and Location Yes TBD at pre construct. '1' I' Qty I Addidonal EDcrior & MJ~eous Options & Special Instructions 1 j 10 # Fire extinguisher with brackc:t installed at delivery 2022 Warrior Order Form ·"" 5 of 6 Q_ I P-08 P--09 1 P-1 I l P-13 ~-1 P-24 Qty 03/18/2021 EXTERIOR OPTIONS .~rft%~~~~~::~~ltfi~~~i.~~~6tl1~.~~1'~f-~~~l~$J.t~~-~flki¼:it~nti~~tt:'.?~ltt?~~fffi"~~~~t:~I ½Red/ !1 Black Cab & Box (lncludini: Door Jambs) black Red Paint Color, (Additional Materials Cost) Wet Sand&: Buff Delete Standard Bchlinc Paint I l"lnmipe 6" 3M Diamond Grade Cbevrons, Two Alternating Colon; NOTE: Chevrons outside & above Rear Doors Fill-in Color(s) !PROVIDE THE FOLLOWING IF APPLICABLE: Primary Paint Color Black To Match Ford Black cab Primary Paint Code & MFG Secondary Paint Color Red need paint code I " ~ ,_.. Adclidoaal Paint.Options & Special Instnlctions custom paint layout ( Black Over Red) Milton Graphics mod roof painted white ( not visible from the ground 2022 Warrior Order Form I 6of6 IN SERVIC TO SERVE YOU Osage Ambulance references Clayton County Fire & Emergency Services Chief Tim Sweat Riverdale, GA 404-391-1531 Tim.sweat@claytoncountyga.gov Largo Fire Rescue EMS Chief Bobby Martin Largo, FL 727-587-6740 ext 2006 macarpen@largo.com Hall County Emergency Services Captain Bobby Ogletree Gainesville, GA 770-530-5164 bogletree@hallcounty.org Cherokee County Fire & Emergency Services EMS Chief Nate Sullivan Canton, GA 678-614-9603 npsullivan@cherokeega .com Lealman Fire District Division Chief Steve Wunderle St Petersburg, FL 727-647-9136 Swunderle@Lealmamfire.com Broward County Sherriff's Office Fire Rescue Fleet Supervisor Victor Goizueta Dania Beach, FL 954-864-9431 victor _goizueta@sherriff .0rg Environmental Testing Laboratory, Inc. 11034 Indian Trail Dallas, TX 75229-3513 TEL: (972) 247-9657 I FAX: (972) 247-9659 www.etldallas.com ETL Certification 15757 Prepared for: Osage Industries, Inc. 194 Twin Ridge Rd. Linn, MO 65051 Test Unit: Type I Ford F-550 Ambulance V IN: 1 FDUF5GT8LDA03783 Test Specifications: Federal Specification KKK-A-1822F including Change Notice 10, Ambulance Manufacturers Division (AMO) Standards Published October 2014, and SAE J3027, SAE J3057, and SAE J3102 Report Date: April 27, 2020 ANSI National Accreditation Board CERTIFICATE OF ACCREDITATION The ANSI National Accreditation Board Hereby attests that Environmental Testing Laboratory 11034 Indian Trail Dallas, Texas 75229 Fulfills the requirements of 1S0/IEC 17025:2017 In the field of TESTING This certificate is valid only when accompanied by a current scope of accreditation document. The current scope of accreditation can be verified at www.anab.org. R. Douglas Leonard Jr., VP, PILR SBU Expiry Date: 24 May 2023 Certificate Number: A T-1787 ANSI National Accreditation Board This laboratory is accredited in accordance with the recognized International Standard JSO/JEC 17025:2017. This aet.-rcditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILAC-IAF Communique dated April 2017). FORD MOTOR COMPANY IS PROUD TO RECOGNIZE OSAGE AMBULANCES FOR YOUR COMMITMENT & DEDICATION AS A CONTINUOUS 30 YEAR PARTICIPANT IN THE AMBULANCE QUALIFIED VEHICLE MODIFIER PROGRAM QUALIFIED VEHICLE MODIFIER Randy rei rger -QVM Programs JUNE, 2018 NATIONAL TRUCK EQUIPMENT ASSOCIATION is proud to recognize Osage Industries Inc as a member m good standing of the Ambulance Manufacturers Division S ince 1995 Emergency Vehicle Limited Warranty TYPE I & III MODULARS Subject to limitations, provisions and conditions set forth in this Warranty, Osage Industries, Inc . does hereby warrant to each Original Purchaser Only that each new vehicle conversion is free from defects and workmanship and materials used in the construction of a production model emergency vehicle for a period as follows: A. PRODUCT CONVERSION WARRANTY For THREE 3 years or 36,000 miles , whichever comes first, from the date of the original purchase. Osage Industries , Inc . will repair or replace , at no cost to purchaser, only those components manufactured by Osage Industries, Inc. for use in a production vehicle and excludes components from other manufacturers used in such conversions; i .e. sirens, inverters, lightbars, oxygen equipment, auto eject, siren drivers and chassis, etc . Individual warranties are covered by those manufacturers included in the Owner's Manual as supplied with the vehicle and shall apply as set forth by said manufacturer. Osage will only reimburse labor up to (3) years on those components with more than a (3) year warranty . B . ELECTRICAL WARRANTY For SIX (6) years or 72,000 miles, whichever comes first, from the date of the original purchase, Osage Industries, Inc . will cover the cost oflabor and material, in the repair or replacement of the electrical systems furnished and installed by Osage Industries, Inc . This warranty shall include switch panels, electrical harnesses (and the installation), printed circuit boards and general design concept used by Osage Industries, Inc. at the time of manufacture . This warranty shall not apply to any electrical equipment furnished and warranted by other manufacturers . All other components are excluded from the coverage of this limited electrical warranty. Extended Warranty if Purchased: For up to Seven 7 years or 100,000 miles on electrical stated above . C. ALUMINUM MODULE BODY AND INTERIOR ALUMINUM CABINET STRUCTURE Lifetime warranted to the ongmal purchaser, on the ongmal chassis . This warranty can be transferred onto a new chassis, )?.roviding the remount is performed by Os~e. At that time, Osage will thoroughly m~ect and repair, ifneeded. Door Hardware, Cabinet Finish and Latches are warranted for a ~riod of Three (3)years or 36,000 miles, whichever comes first from date of onginal purchase for defects under normal use; this does not include adjustments . D. PAINT WARRANTY 5 YEARS OR 100,000 MILES Complete, NON-PRO RA TED warranty covers paint finish, corrosion and blistering of the ambulance body. Warranty covers the cost of parts and labor. Unless installed by Osage, lettering and graphics replacement due to paint failure will not be covered. Warranty is dependent on agreement by both parties (purchaser and seller) that failure is due to a manufacturing defect. E. GRAPHICS WARRANTY 3 YEARS OR 36,000 MILES Osage warrants its graphics and lettenng package to be free from defects in material and workmanship for three (3) years or 36,000 miles. Warranty covers cost of parts and labor. Osage will not be liable for more than the amount of the purchase price of the graphics package. F. BLACK OUT ITEMS-(PARTS SPRAYED WITH SCORPION LINER) 1 year or 12,000 miles Osage warranties blackout items, for one 1 year or 12,000 miles, whichever comes first, against adhesion failure of the scorpion liner to the item sprayed . This excludes fading, chipping, rub marks and scratches . The above warranties are conditioned upon normal use and reasonable maintenance and do not apply to any components, which have been subject to abuse, accident, alteration, vandalism, and improper or careless use . Any modification of any description made to any components on the conversion, without written approval by Osage Industries, Inc. shall void the warranty of said system and components parts. Prompt written notice of all defects or claims against Osage shall be forwarded to Osage Industries, Inc ., P.O. Box 718, Linn, Missouri (MO) 65051 , or by calling at 800-822-3634. No repairs or additions shall be performed without prior approval from Osage Industries , Inc. Osage Industries, Inc . reserves the right to reject unauthorized claims and its decision in these matters shall be final. If warranty repairs are necessary, all work must be performed by Osage Industries, Inc. or repair center authorized by Osage Industries, Inc . It is the responsibility of the purchaser to transport vehicle to and from Osage Industries, Inc ., Linn, Missouri (MO), or repair center authorized by Osage Industries, Inc. for warranty repairs. Osage is not responsible for any loss or damage that may occur during said transportation. Any expressed warranty not provided herein and any remedy for breach of contract which might arise by implication or operation of law, is hereby excluded and disclaimed. The implied warranties of merchantability and fitness for any particular purpose are expressly limited to the terms stated above. Some states do not allow limitations on how long an implied warranty lasts. Therefore, the above limitations may not apply to you. Osage is not responsible for any loss or damage that may occur during said transportation. Under no circumstances shall Osage Industries, Inc . be liable to purchaser or any other person for any special or consequential damages, whether arising out of breach of warranty , breach of contract, or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other rights, which vary, from state to state. 06110/19 Document Control Number OM 19-1 -34 Rev I ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/7/2021 (573) 875-4800 2106 (573) 875-4514 30104 Osage Industries, Inc. P. O. Box 718 Linn, MO 65051 27120 29424 A 1,000,000 X 84UUNOL1377 5/1/2021 5/1/2022 300,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B 84UENOL1378 5/1/2021 5/1/2022 9,000,000C 84HHUOL1379 5/1/2021 5/1/2022 9,000,000 10,000 Blanket additional insured on general liability when required in written contract but only to the extent provided by policy form HG0001. City of Milton Fire Rescue Department 13690 Hwy 9, Bldg A Milton, GA 30004 OSAGIND-01 MDOAK TIG Advisors 200 E. Southampton Dr. Columbia, MO 65203 Frank Higgins fhiggins@tigadvisors.com Hartford Underwriters Insurance Company Trumbull Insurance Company Hartford Casualty Insurance Company X X X X X X X STATE OF CZ EXHIBIT "C" COUNTY OF mA,N ky9 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 thephysical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number L1 I1�12© Date of Authorization Ten -8 Fire & Safety, LLC Name of Contractor 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire -Rescue Name of Project City of Milton, Georgia Name of Public Employer I hereby declare underpenaltyof perjury that the foregoing is true and correct. Executed on 1)0 6+ ST IZ 2021 in (state). S���/)lat_ur.e-o.f11\\Aut}+,�� fizzed Officer or Agent PC. L%"wN JL.. Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF [NOTARY My Commission Expires: V 2-- ra - , GLADYS B. MIRANDA MY COMMISSION # GG 2825C EXPIRES: December 6,2022 onded Thru Notary Public Undereril EXHIBIT “D” STATE OF _____________ COUNTY OF ____________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Ten -8 Fire & Safety, 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 th at its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization ______________________________ Name of Subcontractor 2022 Ford F-550 Super Cab with 4WD Ambulance for Milton Fire-Rescue 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: __________________________ CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order with Granicus SaaS, LLC to Make Improvements to the Homepage of the City of Milton’s Website MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X To: Honorable Mayor and City Council Members From: Greg Botelho, Communications Director Date: Submitted on August 31 for the September 8, 2021, Regular Council Meeting Agenda Item: Approval of a Change Order with Granicus SaaS, LLC to Make Improvements to the Homepage of the City of Milton’s Website _____________________________________________________________________________________ Project Description: In the summer of 2020, the City of Milton launched a new, improved website. (The City’s original contract for this was with Vision Live, a company that was acquired by Granicus SaaS, LLC.) The City’s website has been a significant upgrade over the previous version, with numerous helpful features and information. Yet, as with any dynamic product, City staff has systemically reviewed the website’s design and utility looking for ways to better serve the public. That led to this change order, and the proposed improvements to the City website’s “mainpage” (or front-facing page). City staff are producing about five times as many updates to the website as was the case prior to 2020. Most of these are categorized as “news stories” – reflecting that they present timely information on everything from project updates, committee previews, staff changes, as well as City Council previews and recaps. These are important in that they showcase transparency and the City government in action. Yet, on the website, these stories are difficult to find. They require clicks on tabs that people may or may not see. Similarly, other relatively new and valuable online features – such as the “projects pages” and other features of the ClearGov transparency portal – are not as accessible as they could be. The proposed website improvements would address those issues, by making these features even more prominent and easy-to-access on the mainpage of the City’s website. With the upgrades, there will now be more than ever access points on the mainpage of www.cityofmiltonga.us. People will no longer need to click the “News” tab to see the latest developments, as three stories at a time will be clearly visible. In addition, the top image on the website will be rotated and “clickable” – providing a new way to present great pictures of Milton as well as important projects, information, and more. Document The cost for these mainpage upgrades is $4,300. The City saves $500 by bundling two major changes. This does not require any new net funding. Rather, the money being spent comes from elsewhere in the Communications Department’s budget (specifically unused funds for graphic design services). Granicus is the only company that can do this since they created the website. (The other option would be to create a brand new website at a much, much higher cost.) In addition, after a review of records on file with the Georgia Secretary of State’s office, the full legal name of the company behind these potential upgrades is Granicus SaaS LLC. (In some previous documentation, the SaaS was not part of the name.) Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1570-521200002 Requisition Total: $4,300.00 Financial Review: Bernadette Harvill, August 31, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 10, 2021 Attachment(s): Amendment to Master Agreement (Change Order) FIRST AMENDMENT TO THE MASTER SERVICES AGREEMENT This First Amendment to the Master Services Agreement (the "First Amendment") is effective on the date this document is last signed 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 GRANICUS SAAS, LLC, a Minnesota limited liability company d/b/a Granicus ("Consultant"). WHEREAS, the City and Vision Technology Solutions, LLC, formerly a Delaware limited liability company, a predecessor -in -interest, (the "Prior Consultant"), entered into that certain Master Services Agreement, dated September 24, 2018 (the "Agreement"); and WHEREAS, the Prior Consultant, was subsequently acquired on February 9, 2018 by Consultant, now the successor -in -interest to the Agreement, and the City and Granicus thereafter agreed to assign all rights and obligations of Prior Consultant under the Agreement to Granicus, and Granicus agreed to assume all rights and obligations of Prior Consultant thereof, pursuant to that certain Consent to Assumption Agreement dated February 9, 2018 ; and WHEREAS, the City and Consultant (hereinafter referred to as the "Parties") now desire to change the scope of work which will increase the payment obligation (as described more particularly in "Exhibit A" herein) of the City under the Agreement, being to the mutual benefit of all Parties to do so; NOW THEREFORE, the Parties hereto agree to amend the Agreement as follows: 1. The additional scope of service and price variance as described in Exhibit A attached herein are added to the Agreement. 2. The Parties acknowledge and. agree that the "URL link to Terms," as indicated on page two in Exhibit A, is still subject to the terms and the conditions of the Agreement executed by the Parties herein, and anything within the said linked "master agreement" that is in conflict or to the contrary to this Agreement (which includes the "Agreement Supplement" attached to the Agreement) shall be stricken and not binding to either of the Parties. 3. Notwithstanding anything to the contrary or in conflict herein, all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflicting terms between the Agreement and the terms of this First Amendment, the terms in the Agreement shall be the binding terms (except as it relates to the price increase and scope of service described in Exhibit A herein). Upon execution by all Parties, Exhibit A herein shall be attached to and form a part of the Agreement, unless otherwise not permitted by law and/or prohibited by the appropriate City authorities. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. CONSULTANT: GRANICUS SAAS, LLC LN 9..V. --&'"'° - Brendan Stierman Title: Contracts Manager Date: Aug 31, 2021 CITY OF MILTON, GA 0 Date: [THE REMAINDER OF THIS PAGE IS INENTIONALLY LEFT BLANK] [EXHIBIT A CONTINUES ON THE FOLLING PAGE] G GRANICUS 408 Saint Peter Street, Suite 600 Saint Paul, MN 55102 United States ORDER DETAILS Prepared By: Phone: Email: Order #: Prepared On: Expires On: ORDER TERMS Currency: Payment Terms: Period of Performance: PRICING SUMMARY EXHIBIT A THIS IS NOT AN INVOICE Granicus Proposal for Milton, GA Bill Marshall (202) 559-3037 bill. marshall@granicus.com Q-141367 07/30/2021 08/06/2021 USD Net 30 (Payments for subscriptions are due at the beginning of the period ofperformance.) The term of the Agreement will commence on the date this document issigned and will continue for 12 months Order Form Prepared for Milton, GA The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. PRODUCT DESCRIPTIONS Solution Description Customizations (Non-recurring) - Granicus will design and implement the below change to the City's govAccess website (https://www.cityofmiltonga.us/): 1. Adding a text overlay to the hero image slideshow Update the homepage image slideshow to have a text overlay for placing a title, description, and button link. 2. Deleting "Projects" section from homepage The "Projects" section of the tabbed area of the homepage will be removed entirely. 3. Moving tabs to individual sections on homepage. TERMS & CONDITIONS Link to Terms: https://Rranicus.com/pdfs/Master Subscription Aareement.pdf • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It Is the responsibility of Milton, GA to provide applicable exemption certificate(s). • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per- unit pricing. • Billing Frequency Notes (Milestones - 40/20/20/20): An initial payment equal to 40% of the total; A payment equal to 20% of the total upon Granicus' delivery of the draft homepage design concepts to the client; A payment equal to 20% of the total upon Implementation of the main website into the VCMS on a Granicus-hosted development server; and A payment equal to 20% of the total upon completion; provided, however that the client has completed training. If the client has not completed training, then Granicus shall invoice the client at the earlier of: completion of training or 21 days after completion BILLING INFORMATION Billing Contact: I Accounts Payable Address: City of Milton, 2006 Heritage Walk, Milton GA 30004 PO N Billing Email: ap@cityohniRonga.us Billing If submitting a Purchase Order, please include the following language: - No - Yes 678-242-2500 The pricing, terms, and conditions of quote Q-141367 dated 07/30/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. [THE REMAINDER OF THIS EXHIBIT A IS INTENTIONALLY LEFT BLANK] Consent to Assumption Agreement This Assumption of the Vision Technology Solutions LLC (hereinafter referred to as Vision") Service Agreement (this "Assumption") is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Milton, GA (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Vision entered into an Agreement effective 9/24/2018 (the "Agreement"); and WHEREAS, on 2/9/2018, Vision was acquired and Granicus desires to accept and assume all of Vision's rights, duties, benefits, and obligations under the Agreement; and WHEREAS, the Client desires to consent to such assumption; NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Granicus accepts and assumes all rights, duties, benefits, and obligations of the Agreement, including all existing and future obligations to perform under the Agreement. 2. All references to Vision, under the Agreement, shall hereinafter be referred to as Granicus. 3. The Client hereby consents to the foregoing assumption. 4. Except as amended by this Assumption, all other terms and conditions of the Agreement shall remain in full force and effect. 5. In the event of any inconsistency between the provisions of this Assumption and the documents comprising the Agreement, the provisions of this Assumption shall prevail. IN WITNESS WHEREOF, the parties have caused this Assumption to be executed by their duly authorized representatives. By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Signature: Signature: Name: Name: Title: Title: Date: Date: Approved as to form: City Attomey GA_Milton-AMD 1 2021AUG31 Final Audit Report 2021-08-31 Created: 2021-08-31 By: Alexander Gray (Alexander.Gray@granicus.com) Status: Signed Transaction 10: CBJCHBCAABAAQ4GuoVs8W4Hu7vPiAeRSN10KetwZ787g "GA -Milton -AMD 1_2021AUG31" History Document created by Alexander Gray (Alexander.Gray@granicus.com) 2021-08-31 - 3.52:02 PM GMT- IP address: 71.195.20.95 Document emailed to Brendan Stierman (brendan.stierman@granicus.com) for signature 2021-08-31 - 3.52:49 PM GMT Email viewed by Brendan Stierman (brendan.stierman@granicus.com) 2021-08-31 - 3:54:51 PM GMT- IP address. 47.77.70.135 Gt© Document e -signed by Brendan Stierman (brendan.stierman@granicus.com) Signature Date 2021-08-31 - 4:49:23 PM GMT - Time Source. server- IP address: 71.195.44.186 Agreement completed. 2021-08-31 - 4 49:23 PM GMT Q Adobe Sign CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement with Intradyn, Inc. to Provide Social Media Archiving Services for the City of Milton. MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Greg Botelho, Communications Director Date: Submitted on August 30, 2021 for the September 8, 2021, Regular Council Meeting Agenda Item: Approval of an Agreement with Intradyn, Inc. to Provide Social Media Archiving Services for the City of Milton _____________________________________________________________________________________ Project Description: Georgia law requires municipalities like Milton to maintain records of all documentation in keeping with “sunshine laws” aimed at bolstering public transparency. This documentation includes all the components of various social media channels administered by a municipality, meaning all edited versions of various posts and the associated comments. A handful of reputable companies offer this service to cities like Milton, knowing the legal requirements and the importance of timely turnarounds in the case of relevant open records requests. Through early October 2021, the City of Milton has an annual subscription with a company called ArchiveSocial to provide this service. In the spring of 2021, the Communications Department began researching this topic and soliciting proposals from companies for social media archiving. The goal was to explore the different products, examine Milton’s needs, and ideally save the City money. ArchiveSocial provided quality service, but its $4,788 annual fee was much higher than the two other contenders – PageFreezer and Intradyn, Inc. – which came in at similar price points. All three companies offered the same legally required services with slight variations. City staff conducted further research and found some complaints regarding PageFreezer and generally more positive reviews for Intradyn, Inc. This sentiment was confirmed by communications with several Intradyn, Inc. government clients, some here in Georgia. Another advantage was that Intradyn, Inc. captured YouTube (and LinkedIn) comments, whereas ArchiveSocial does not. For these reasons, City staff recommends that a contract be approved with Intradyn for $2,959.20 annually. This is $1,858.80 less than the proposal from ArchiveSocial. This contract would take effect in early October 2021. It can be reconsidered each year. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-1570-523850107 Requisition Total: $2,959.20 Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – July 26, 2021 Attachment(s): Intradyn, Inc. Ordering Document and Supplement Agreement Ordering Document City of Milton, GA Customer/Company Name This Order Form to the End User Services Agreement ("Order Form") is made between Intradyn ("Intradyn") and City of Milton, GA ("Customer"). This Order Form, along with the Exhibit A — Contract Addendum herein, are part of the ORCA/INTRADYN CLOUD End User Terms of Service Agreement, https://www.intradyn.com/end-user-terms-of-service/, (all agreements to be collectively referenced herein as the "Agreement"). It is expressly agreed that the terms of this Agreement shall supersede the terms in any Customer purchase order or other ordering document. 1) Order Form Effective Date: 2) Activation Date: 3) Subscription Term: 12 Months Subtotal $29,59.20 iota! Plica $2,95920 Grand Total $2,959-20 4) Payment Terms: You shall pay all fees specified in this Ordering Document. Except as otherwise specified herein or in an Order Document, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are non -cancelable and fees paid are non-refundable, and (iii) the subscription purchased cannot be decreased below the base subscription during the relevant subscription term stated in the Order Form. Subscription fees are based on monthly periods that begin on the subscription activation date and each monthly anniversary thereof. Any payment not received from the Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), at the lower of the 1.5% or the maximum rate permitted by law of the outstanding balance per month from the date such payment is due until the date paid. If legal action is commenced to enforce the terms of the Agreement, the prevailing party shall be entitled to its attorney's fees and costs are determined by a court of competent jurisdiction in Georgia, including attorney's fees and costs associated with the collection of the sums under any collection action required to enforce the terms of the Agreement, judgment, or stipulated judgment obtained. Safes tax, if applicable, to be paid by Customer. By signing below, the person authorized on behalf of the Customer agrees to accept, abide by, and be held liable for the terms of this Agreement. IN WITNESS WHEREOF, the parties' authorized signatories have duly executed this Agreement. INTRADYN By: Print Name: Adnan A. Olia Title: COO CUSTOMER: By: Print: Title: Date: X Joe Lockwood Mayor Billing Address: cityof Milton ATTN: Attn: Accounts Payable Address 1: 2006 Heritage Walk City, State, Zip Milton, GA 30004 Phone: 678-242-2500 Billing email: ap@cityofmiltonga-us For notices related to Support and Maintenance, Customer designates the following people in its emergency Contacts: Primary Name: Greg Botelho Title: Communications Director Email: greg.botelho@cityofmiltonga.us Phone: 678-242-2530 Address: _City Hall, 2006 Heritage Walk, Milton, GA 30004 Secondary (Optional) Name: Jennifer Hartwig Title: Communications Coordinator Email: iennifer.hartwig@cityofmiltonga.us Phone: 678-242-2512 Address: _City Hall, 2006 Heritage Walk, Milton, GA 30004 Exhibit A - CONTRACT ADDENDUM CONTRACT ADDENDUM BETWEEN INTRADYN AND CITY OF MILTON, GEORGIA This contract addendum supplements the Order Form herein and that certain ORCA/INTRADYN CLOUD End User Terms of Service Agreement to add the following provisions thereto: Definitions In addition to the terms defined in the body of the Agreement, the following terms have the following meanings: "Contractor" should mean "Intradyn, Inc., a Delaware corporation." "City" should mean "City of Milton, a Georgia municipal corporation" Conflicting Provisions. The provisions of this contract addendum supersede and control over any conflicting provisions, if any, written into the End User Terms of Service Agreement. 2. Contract Term; Termination. Contractor represents that it will perform the Work in a prompt and timely manner and with commercially reasonable diligence and expediency consistent with sound professional practices. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate after the 12 -month subscription period expires (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Contractor's breach of this Agreement, City shall pay Contractor for the subscription in accordance with the Order Form herein. To the extent it applies, and notwithstanding Section 7.2 of the End User Terms of Service Agreement, if the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City's provision of written notice of non -renewal to Contractor at least five (5) days prior to the end of the then current calendar year. To the extent it applies, title to any supplies, materials, equipment, or other personal property (and to the extent any transfers under this Agreement occur) shall remain in Contractor until fully paid for by City. For the purposes of clarity, the proceeding sentence does not include title or ownership to "intellectual property" of the Contractor and thus Section 6 in the End User Terms of Service Agreement remains unchanged and in full force and affect. 3. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Services rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Services, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This 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 parry or person described in this provision. 4. Employment of Unauthorized Aliens Prohibited; E -Verify Affidavit Required. It is the policy of the City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, in accordance with its policy and with applicable Georgia law, the City shall not enter into a contract for the physical performance of services unless Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "1" and "2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C_G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "1", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "2", which subcontractor affidavit shall become part of Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor 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 Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor 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 contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, Contractor and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or 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. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor: 500 or more employees. 100 or more employees. _X—Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 5. Nondiscrimination. In accordance with Title V1 of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 6. Confidentiality. Contractor acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 7. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Board of Commissioners shall authorize the Chairman to execute this Agreement on behalf of City.. 8. Force Majeure. Neither City nor Contractor 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 Contractor; (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. 9. Governing Law. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, USA, without regard to conflicts of laws principles. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement. The parties irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of Georgia, USA, and all courts competent to hear appeals there from. The parties waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 10. Material Condition. Each term of this Agreement is material, and Contractor'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. [STGNATURES ON THE FOLLOWING PAGE] EXHIBIT 1 STATE OF Minnesota COUNTY OF _Dakota 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 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 0.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number _727122 Date of Authorization 11/13/2013 Name of Contractor Name of Project Name of Public Employer - A.U.A.E.S. Inc dba Intradyn 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 COO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE f OKI DAY OF LtS 20_&. Mary Public [NOTARY SEAL] My Commission Expires: RENEE L. LACOURSE Notary Pudic-Minneecta J#. MY CO—fton Expires Jon 31. 2025 IN WITNESS WHEREOF City and Contractor have executed this Agreement, including this Contract Addendum, effective as of the Order Form Effective Date first above written. INTRADYN, INC., A DELAWARE CORPORATION [SEAL] Attest/Witness: By: Printed Name: Title: CITY OF MILTON, A GEORGIA MUNICIPAL CORPORATION [SEAL] Attest: STATE OF COUNTY OF EXHIBIT 2 SUBCONTACTOR AFFIDAVIT Not Applicable (NIA) 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 INTRADYN on behalf of CITY OF MELTON, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C,G,A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF _'201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: I NTRADYN AxNmg av eDisawery Innovawn 1355 Mendota Heights Road Suite 300 Mendota Heights, NIN 55120 651-203-4600 Attachments on following pages: Social Media Archiving Provisioning Form Cloud Provisioning Form 0 INTRADYN Email Archiving & eDiscovery Social Media Archiving Provisioning Form Congratulations! You're almost there. We need some information to provision the Social Media Archiving for your organization. Social Media U R L (web address) https://www.facebook.com/thecityofmilton Admin Email greg_botelho@hotmail Facebook YouTube Chani-,,, https://www.facebook.com/MiltonGAPolici greg_botelho@hotmail Facebook https-//www.facebook.com/CityofMiltonFir greg_botelho@hotmail Twitter https://twitter.com/cityofmiltonga greg.botelho@cityofmil Twitter https://twitter.com/miItonfire30004 info@cityofmiltonga.us Instagram https://www.instagram.com/cityofmiltonga jennifer.hartwig@cityof Instagram https://www.instagram.com/MiItonGaFire greg.botelho@cityofmil Linkedln https://www.linkedin.com/company/city-of. sam.trager@cityofmiltc YouTube ChannE https://www.youtube.com/CityofMiltonGec greg.botelho@cityofmil Facebook Facebook Facebook Facebook Facebook Facebook Target Email Address: This is the address of your journaling mailbox or email archive (if your archive is configured to accept outside SMTP traffic) Intradyn Inc. All Rights Reserved Appendix 1. Social Media INTRADYN Email Archiving & eDiscovery Social Media account means Facebook, Twitter, Linkedln, Instagram, Google+, Pinterest, and Flickr 2. URL (web address) This is the URL of the Social Media account to be archived NOTE: Each Facebook page needs a separate entry. 3. Admin Email This is the email address of the administrator of social media account. 5. Target Email Address: This is the address of your journaling mailbox or email archive (if your archive is configured to accept outside SMTP traffic) 6. The following information is required for each type of social media account Social Media Facebook Req u i red U R L (web address) ✓ Required Admin Email ✓ Linkedln ✓ ✓ Twitter ✓ Instagram ✓ Google+ ✓ ✓ Pinterest ✓ Flickr ✓ YouTube Channel ,/ ✓ Vimeo ✓ ✓ Example: Intradyn Inc. All Rights Reserved INTRADYN Ti jt Provision Intradyn Email Archiver Environment Congratulation! You're almost there. We need some information to provision the Intradyn Email Archiver environment for your organization. An IP address from which Intradyn Email Archiver will accept SMTP communication Restrict Access: YES C' NO If YES, grant access to the following public IP list: Warning: Unrestricted means that the Intradyn Email Archiver will accept all SMTP communication Appendix 1. Customize URL 40 ! NTRADYN This is the URL (web address) which will be used by users in your organization to access the Intradyn Email Archiver. This same URL is used for Outlook plug-in configuration. 2. Organization Public IP address The IP address is required to configure the cloud environment firewall. Your archiver resides in a secure cloud environment. You can start with admin access for yourself only in the beginning. Later you can open access from other IP address of your organization. After the initial configuration you will have full control to change these setting according to your ongoing needs. 3. Network Access The IP address is required to configure the cloud environment firewall. SMTP port 25 will be configured on the Intradyn Cloud firewall. In this manner your archiver will be secure and other entities which are trying to send email to your archiver will be rejected. Email Server Environment 1. Email server and Version: Include the full name of mail server including the company and current version. 2. Email Server location: This IP address is required to configure the Intradyn cloud firewall. 3. Total number of active mailbox on your server. You don't have to count inactive mailboxes of previous employees or department mailboxes. 4. Historical Emails: Do you want to migrate the historical emails from the mail server into your archiver. Also, do you have a previous email archiving solution and would like to migrate data from there. CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Intergovernmental Agreement Between the City of Milton and Fulton County Soil and Water Conservation District Regarding the Pier Construction at Providence Park. MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 25, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of an Intergovernmental Agreement Between the City of Milton and Fulton County Soil and Water Conservation District Regarding the Pier Construction at Providence Park. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City developed plans and bid construction services for a lake overlook/fishing pier structure on the north-west side over Lake Providence and within Providence Park. The Project requires the City to apply for a permit from the Fulton County Soil and Water Conservation District. The District has indicated that the City’s application materials must include indemnification by the City for the District regarding the improvements proposed in and around Lake Providence to protect the facilities that the District maintains there. The District is the sponsor of the Fulton County Little River Watershed Structure #36, also known as Lake Providence, and the District is the party that requires indemnification. Funding and Fiscal Impact: None Legal Review: Jeff Strickland, Jarrard & Davis, LLP – August 24, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MILTON AND THE FULTON COUNTY SOIL AND WATER CONSERVATION DISTRICT REGARDING THE PIER CONSTRUCTION AT PROVIDENCE PARK This Intergovernmental Agreement (“IGA”), effective this _____ day of______________, 2021, (the “Effective Date”), is entered into by and between the CITY OF MILTON, a Georgia municipal corporation (hereinafter the “City”) and FULTON COUNTY SOIL AND WATER CONSERVATION DISTRICT (hereinafter the “District”), collectively referred to as the “parties.” RECITALS: WHEREAS, the parties are authorized to enter into this IGA pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 regarding intergovernmental contracts; and WHEREAS, the City desires to construct a lake overlook/fishing pier structure on the north-west side over Lake Providence (the “Project”), located at 13440 Providence Park Drive, Milton, Georgia, 30009 (“Providence Park”), as more particularly depicted in Exhibit A attached hereto; and WHEREAS, in furtherance of the Project at Lake Providence, the City is required to apply for a permit from the District (“Project Permit”); and WHEREAS, the District has indicated that the City’s application materials must include indemnification by the City for the District regarding the improvements proposed in and around Lake Providence to protect the facilities that the District maintains there; and WHEREAS, the District is the sponsor of the Fulton County Little River Watershed Structure #36, also known as Lake Providence, and the District is the party that requires indemnification. NOW THEREFORE, in consideration of the mutual benefits to the parties hereto and all of the citizens they represent, and other good and valuable consideration as set forth herein below, the parties enter into this IGA upon the following terms, conditions, and stipulations: CONDITION PRECEDENT TO INDEMNIFICATION The District acknowledges and agrees that the City’s receipt of the Project Permit is an inducement to, and part of the consideration for, the City to indemnify the District for injury or damage related to the Project installation; therefore, notwithstanding anything to the contrary herein, the City’s indemnification will become effective and enforceable, if and only if, the District authorizes the Project Permit as described herein. INDEMNIFICATION To the extent permitted by law, the City hereby agrees to protect, indemnify, save, and hold harmless the District from any and all claims or damage that may occur to District property which claims or damage are caused by or result from the City’s installation and maintenance of the Project at Lake Providence. This indemnification expressly survives the expiration or earlier termination of this Agreement, or as otherwise agreed to by the parties in writing. Notwithstanding the foregoing, this indemnity provision shall not be deemed to create rights in any third party or constitute a waiver of City’s sovereign immunity, which the City expressly reserves. MISCELLANEOUS A. Assignment or Transfer. The rights, privileges and obligations under this IGA shall not be assigned or transferred by any party without the prior written consent of the other party. B. Notices. All notices given pursuant to this IGA shall be in writing and shall be deemed received, and shall be effective when: (i) personally delivered, or (ii) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (iii) 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 party by written notice in accordance herewith: To District: Attn:________________ To City: Attn: City Administrator ________________ 2006 Heritage Walk ________________ Milton, GA 30004 C. Entire Agreement/Amendment. This IGA contains the entire agreement of the parties and supersedes all prior communications or agreements, whether oral, written, or understood, regarding the subject of this IGA. This IGA may be modified or amended only in writing properly executed by both parties. D. Governing Law. This IGA shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. E. Counterparts. This IGA may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the IN WITNESS WHEREOF, the District and City have executed this IGA effective on the day and year first above written. DISTRICT: FULTON COUNTY SOIL AND WATER CONSERVATION DISTRICT By: ____________________________________ Name/Title: Date CITY: CITY OF MILTON, GEORGIA By: ____________________________________ Name: Joe Lockwood Date Title: Mayor ATTEST: By: __________________________________ Approved as to form: ______________________ City Clerk Date City Attorney EXHIBIT A A comprehensive project plan overview for Providence Park; the “Project” referred to herein, relating to the indemnification by the City, being specifically depicted upon the north-west side on Lake Providence. CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Amendment to Transfer Assignment of a Contract from Wolverton & Associates, Inc. to CHA Consulting, Inc. as a Result of Their Recent Acquisition MEETING DATE: Wednesday, September 8, 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 September 8, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 25, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Contract Amendment to Transfer Assignment of a Contract from Wolverton & Associates, Inc. to CHA Consulting, Inc. as a Result of Their Recent Acquisition _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In 2019 Wolverton & Associates, Inc. was acquired by CHA Consulting, Inc. To facilitate this transition, Wolverton would like to assign CHA to its active contracts. The City of Milton has a contract for professional services relating to intersection improvements at Freemanville Road and Birmingham Road. This amendment will consent to the assignment of the contract from Wolverton & Associates, Inc. to CHA Consulting, Inc. Funding and Fiscal Impact: None Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 20, 2021 Attachment(s): Contract Amendment August 20, 2021 Dear Ladies/Gentlemen: As you may know, Wolverton & Associates, Inc. (“Wolverton”) was acquired by CHA Consulting, Inc. (“CHA”) in 2019, adding to CHA approximately 100 employees and a seasoned team with three decades of experience in transportation, traffic, land development, and land surveying. Combining the firms has fueled growth in the southeast and provided existing clients of both firms with a deeper bench of technical talent and expertise – more than 200 staff and growing in Georgia and Alabama. Since January 1, 2020, Wolverton has been fully integrated and has rebranded as CHA. This rebranding and integration reinforces CHA’s robust transportation, traffic, and civil engineering services and positions CHA as a leading engineering firm in the southeast. To facilitate this transition, Wolverton would like to assign to CHA its active contracts with you – namely, the contract for professional services relating to the construction of the intersection between Freemanville Road and Birmingham Road. CHA acknowledges and accepts the obligations and restrictions being assigned, including, but not limited to those particular to local government, as specifically described in the Professional Services Agreement with Wolverton & Associates, dated May 6, 2019. If you consent to the assignment, please have the appropriate person execute the attached document and return a PDF copy to Nikki C. Dames via e-mail at ndames@chacompanies.com. She is also available to answer any assignment-related questions you may have. Our goal is to make this transition as seamless as possible for you. If you have any project-related questions, please contact Brian Healey by telephone at (518) 453-3979 or by e-mail at bhealey@chacompanies.com. Sincerely, CHA Consulting, Inc. Michael A. Platt General Counsel & Executive Vice President CONSENT TO ASSIGNMENT OF CONTRACTS City of Milton hereby consents to the assignment of the following agreement(s) from Wolverton & Associates, Inc. to CHA Consulting, Inc., effective May 1, 2021: Agreement Name Date Professional Services Agreement (RFP No. 19-PW04) May 6, 2019 City of Milton By: (Signature) Name: Title: Date: Exhibit A January 6, 2020 Dear Ladies/Gentlemen: As you may know, Wolverton & Associates, Inc. ("Wolverton") was acquired by CHA Consulting, Inc. ("CHA") in 2019, adding to CHA approximately 100 employees and a seasoned team with three decades of experience in transportation, traffic, land development, and land surveying. Combining the firms has fueled growth in the southeast and provided existing clients of both firms with a deeper bench of technical talent and expertise — more than 200 staff and growing in Georgia and Alabama. Effective January 1, 2020, Wolverton is now fully integrated and has rebranded as CHA. This rebranding and integration reinforce CHA's robust transportation, traffic, and civil engineering services and positions CHA as a leading engineering firm in the southeast. Although the professionals providing services to you will remain the same, the services will be provided and invoiced by CHA, under CHA's federal employer identification number. Our goal is to make this transition as seamless as possible for you. If you have any questions or require additional information, please contact Steve Bitney at sbitneY@chacompanies.com or 770.447.8999. Sincerely, CHA CONSkPE C. AJoe- acrinExecutive ent s 6745 Sugarloaf Parkway, Suite 100, Duluth, GA 30097 T 770.447.8999 • F 770.447.9070 • www.chacompanies.com Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows: a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program; b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof; c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof; d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract; e) The Contractor will contract for the 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(a), (b), and (c); f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt. 130989 June 24, 2008 Federal Work Authorization User Identification Number Date of Authorization CHA Consulting Inc. Freemanville Rd a,, Birmingham Rd Intersection Improvement Design Services Name of Contractor 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 1- , 'Zt , 20'2 i in A 16 pt !�j (city), 'y (state). Signffure of Authorized Offider or Agent M 1 c.kt� e 1 A- P 1 Arty (5e n4 t -At ( A -f e l EV 10 Printed Name and Title of Authorized Officer or Agent NIKKI C. DAMES NOTARY PUBLIC -STATE OF NEW YORK SUBSCRIBED AND SWORN BEFORE ME No. 02DA6253381 ON THIS THE DAY OF I 1� _, 20 2.1 Qualified in Schenectady -County CA ' ^ MY Commission Expires 12-27-2023 NOTARY PPUBLIC My Commission Expires: 1) e c -i r- lo e r 2.1, 24 23 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Amendment between The City of Milton and the Department of Natural Resources to Amend the Scope of Work and Extend the Completion Date of the Providence Park Restroom Agreement to March 31, 2022 MEETING DATE: Wednesday, September 8, 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 September 8, 2021 To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on August 25, 2021 for the September 8, 2021, Regular Council Meeting Agenda Item: Approval of an Amendment Between The City of Milton and the Department of Natural Resources to Amend the Scope of Work and Extend the Completion Date of the Providence Park Restroom Agreement to March 31, 2022 ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Amendment between the City of Milton and the State of Georgia’s Department of Natural Resources. Executive Summary: In 2018, the City applied for and was awarded a $100,000 grant from the Georgia Department of Natural Resources (DNR) to construct a permanent restroom building at Providence Park. Plans for a restroom were part of the Providence Park Master Plan that was finalized that same year. The City subsequently hired consultants to design the restrooms. After those designs were completed, the City sought bids for the construction of the restrooms. We decided not to proceed in light of the pricing proposals that we received. City Staff then went back to Georgia DNR, requesting that we simplify the design. Specifically, the City proposed a pre-fabricated restroom that – while without some features in the original design – still had running water, a septic system and heat. Following verbal approval of the “scope change,” the National Parks Service (NPS) created and sent the attached amendment. Within this document, the most important piece to factor is extending the time for which the DNR grant for the restrooms is valid. If this amendment is approved, the City would have until March 31, 2022 – rather than the current September 30, 2021, date – to complete this restroom project. There are a couple items, however, now in the attached “scope change” that will be removed in a future amendment. Those items are the vegetative roof and the covered open-air walkway. Those two features were included in the original restroom design, but they are not now relevant given the new direction the City has taken. Obtaining a revised amendment with all the changes included would be ideal, but the National Park Service cannot draft a new amendment until after the current September 30, 2021, completion date. For this reason, City staff is asking for approval of this amendment now so that the project timeline can be extended (allowing us to later make other changes). Another formal request to correct the additional changes in this amendment has already been submitted to DNR and NPS for approval, though we do not yet have a firm timetable on when the City will have a response. Funding and Fiscal Impact: If the Amendment is not approved, the City may not receive the grant funds to assist in the completion of the restrooms. Alternatives: Find alternative sources to fund new restrooms as outlined in the Providence Park Master Plan. Legal Review: Dennis C. Bost – Jarrard & Davis, August 13, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Amendment to Project Agreement between The City of Milton and the Department of Natural Resources MARK WILLIAMS, COMMISSIONER 2 MARTIN LUTHER KING JR. DRIVE |SUITE 1352| ATLANTA, GEORGIA 30334 404.463.8629 | WWW.GADNR.ORG/LWCF June 29, 2021 Mr. Tom McKlveen City of Milton 2006 Heritage Walk Milton, Georgia 30004 RE: Land and Water Conservation Fund Grant Project Name: Providence Park Project Number: 13-00982.2 Dear Mr. McKlveen: This letter is in response to the City’s 2nd request for an extension of the Land and Water Conservation Fund grant project number 13-00982 as well as a change in the project scope. The extension request is based upon the need for additional time to bid and construct a different type of restroom that will be more budget friendly. Based on the request and National Park Services (NPS) approval, both the 6-month extension and the project scope amendment have been approved. Since this is a second request to extend the time, it is imperative that the City complete the grant within the additional time. If the project is completed prior to March 31, 2022, we request that you submit the final paperwork ahead of schedule. If the project is not completed within the additional time, NPS will determine the next steps. Attached is a copy of the amendment. Please obtain the appropriate signature and return a copy to our office. A fully executed copy will be returned to you. If you have any questions, do not hesitate to call me at 404.463.8629. Sincerely, Antoinette Norfleet Grants Program Manager Enclosure STATE OF GEORGIA Applicant: City of Milton DEPARTMENT OF NATURAL RESOURCES Project Amendment No.: 13-00982.2 (P18AP00626) AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT TO Project Agreement No 13-00982 is hereby made and agreed upon by the State of Georgia, acting through the Commissioner of the Department of Natural Resources and by the City of Milton. The Applicant and the State of Georgia, Department of Natural Resources, in mu tual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above-mentioned agreement is amended as follows: Amend Project expiration from September 30, 2021 to March 31, 2022. Amend project scope to delete the installation of an eco-friendly self-composting toilets and waterless urinals – eliminates the need for a septic tank and replace it with a pre-fabricated restroom. The amended project scope will now read: This project consists of the development of a 41 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: 1. Installation of a pre-fabricated restroom facility. 2. Installation of Vegetative Roof Systems – planted with native vegetation. 3. Installation of solar powered lighting along the pathway along the building. 4. Installation of Bioswales – the building and the area surrounding will have elements of landscaping designed to remove pollution of surface runoff water. 5. Construction of an educational component – covered open-air walkway extends between two informational stations. In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. DEPARTMENT OF NATURAL RESOURCES CITY OF MILTON By_________________________________ By (Signature) (Signature) TAYLOR BROWN JOE LOCKWOOD STATE LIAISON OFFICER (Name) ____________________________________ MAYOR (Date) (Title) CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Cogburn Road Sidewalk Project MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 27, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Cogburn Road Sidewalk Project. _____________________________________________________________________________________ Project Description: The City of Milton approved a task order for inspection services to ensure that construction activity carried out for the Cogburn Road sidewalk project is in conformance with approved plans and permits issued by the City. The services to be provided under the task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. The task order was set up early in the project and due to the extension of the project timeline, a change order is needed to fulfill the remainder of the inspection services for closeout of the project. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: Increase PO21064 by: $36,000 (335-4101-541400007) Requisition Total: $28,872.74 + $36,000 = $64,872.74 Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 16, 2021 Attachment: Change Order #1 to Task Order MILTON* ESTABLISHED 2006 CHANGE ORDER #1 TO TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE COGBURN ROAD SIDEWALK PROJECT THIS CHANGE ORDER is the an amendment to that said Professional Services Agreement (RFQ#17-PW01) dated May 1, 2017 ("Agreement"), incorporated herein by reference, is by and between CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia ("City") and BM&K, P.C., a Georgia professional corporation having its principal place of business located at 2806 Roller Mill Drive, Jefferson, Georgia, 30549 ("Consultant"), collectively referred herein to as the "Parties." WHEREAS, the Parties executed that certain "Task Order" dated July 20, 2020, related to the Agreement and incorporated by reference therein, and now desire to amend the Task Order, as set forth below; and WHEREAS, the Parties desire to change the "Not to Exceed" amount of the Task Order pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so; and NOW, THEREFORE, the Parties agree to amend the Task Order as follows: 1. The "Compensation" section is amended by deleting the text in its entirety and replacing it with the following in lieu thereof: "This task order shall not exceed $72,000 based upon the rates that are part of the Agreement." 2. All other terms and conditions of the Agreement shall remain the same. Approved by City Council CONS ULTANT: CITY OF MILTON: Mayor, Joe Lockwood Date Title: 1 ,0GQr Name: ' (CITY SEAL) Date: 9'--Z4— ZOO' j Approved as to form: City Attorney Date 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.uslwww.cityofmiltonga.us 0000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Intersection Improvement Projects MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 27, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Change Order #1 to Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Intersection Improvement Projects _____________________________________________________________________________________ Project Description: The City of Milton approved a task order for inspection services to ensure that construction activity carried out for the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road intersection improvements are in conformance with approved plans and permits issued by the City. The services to be provided under the task order shall ensure control of work on the projects and shall provide for continuous project inspection, oversight, and administration of the construction. The task order was set up early in the project to get the inspections started and a change order is needed to fulfill the remainder of inspection services for closeout of the projects. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: Increase PO21026 by: $40,000 (335-4101-541400006) Requisition Total: $150,000 + 40,000 = $190,000 Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 16, 2021 Attachment: Change Order #1 to Task Order MILTON*k ESTABLISHED 2006 CHANGE ORDER #1 TO TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE HOPEWELL ROAD AT THOMSPON ROAD AND HOPEWELL ROAD AT HAMBY ROAD INTERSECTION IMPROVEMENT PROJECTS THIS CHANGE ORDER is the an amendment to that said Professional Services Agreement (RFQ#17-PWO1) dated May 1, 2017 ("Agreement"), incorporated herein by reference, is by and between CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia ("City") and BM&K, P.C., a Georgia professional corporation having its principal place of business located at 2806 Roller Mill Drive, Jefferson, Georgia, 30549 ("Consultant"), collectively referred herein to as the "Parties." WHEREAS, the Parties executed that certain "Task Order" dated October 19, 2020, related to the Agreement and incorporated by reference therein, and now desire to amend the Task Order, as set forth below; and WHEREAS, the Parties desire to change the "Not to Exceed" amount of the Task Order pursuant to Section I1 of the Agreement, it being to the mutual benefit of all parties to do so; NOW, THEREFORE, the Parties agree to amend the Task Order as follows: 1. The "Compensation" section is amended by deleting the text in its entirety and replacing it with the following in lieu thereof: "This task order shall not exceed $190,00.00 based upon the rates that are part of the Agreement." 2. All other terms and conditions of the Agreement shall remain the same. Approved by City Council CITY OF MILTON: Mayor, Joe Lockwood (CITY SEAL) Approved as to form: City Attorney Date C NSULT bm�,-ej PL By: Title:`" J/ WW7� Name: Date: C� p - z4- Zd Zl (CORPORATE SEAL) 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.uslwww.cityofmiltongo.us 0000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Federal EC, LLC for Oakhurst Leaf Drive Stormwater Pipe Lining. MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 25, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Federal EC, LLC for Oakhurst Leaf Drive Stormwater Pipe Lining. _____________________________________________________________________________________ Project Description: This project will provide for the reconstruction of pipelines by the installation of a cured-in-place pipelining (CIPP). This process will ensure that the total wall thickness will be a homogeneous and monolithic composite product with the existing pipe. This project includes improvements to approximately 200 feet of 36” diameter existing corrugated metal pipe. The pipe is in three sections that connect from catch basins to a yard inlet system located near the northern cul-de-sac on Oakhurst Leaf Drive in the Brookshade subdivision. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522250000 Requisition Total: $53,725.00 Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 5, 2021 Attachment(s): Construction Services Agreement 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Oakhurst Leaf Drive Stormwater Pipe Lining This Construction Services Agreement (the “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 Milton City Council (hereinafter referred to as the “City”), and FEDERAL EC, LLC, a Georgia limited liability company, having its principal place of business at 504 Allatoona Hills Drive, Woodstock, GA 30189 (hereinafter referred to as the “Contractor,” and, collectively referred to herein as the "Parties”). W I T N E S S E T H: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated June 24, 2021, attached hereto as “Exhibit A” and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as “Exhibit B” and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 21-PW19, Oakhurst Leaf Drive Stormwater Pipe Lining to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor 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 2 Construction Services Agreement | Version 1.0 WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, 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, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the “Contract Documents”: A. Request for Bids, attached hereto as “Exhibit A”; B. Bid Documents from Contractor, dated July 20, 2021, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as “Exhibits D.1,D.2, and D.3”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”; F. Final Affidavit, attached hereto as “Exhibit F”; G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”; H. Plans, drawings and specifications, attached hereto collectively as “Exhibit H”; I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”; J. “Exhibit J” - reserved; K. “Exhibit K” - reserved; L. General Conditions (if issued), attached hereto as “Exhibit L”; M. Supplementary Conditions (if issued), attached hereto as “Exhibit M”; N. “Exhibit N” - reserved; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); 3 Construction Services Agreement | Version 1.0 P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: includes improvements to three (3) 36-inch diameter stormwater cross-drain pipes / a catch basin / a yard inlet system located just before the northern cul-de-sac and west of the catch basin at 320 Oakhurst Leaf Drive in the Brookshade subdivision off of Hopewell Road in Milton, Georgia. A more detailed scope of work is further described in Exhibit “A” (the “Project”). A third-party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by ______N/A_______________ (hereinafter referred to as the “Architect”). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engineer [if applicable]. The Project has been designed by ______N/A________________ (hereinafter referred to as the “Engineer”). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Sara Leaders, PE, LSIT, Public Works Director. Section 3. The Work A. 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. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and 4 Construction Services Agreement | Version 1.0 operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in “Exhibit H”, attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) “Shop Drawings” are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) “Product Data” are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) “Samples” are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved 5 Construction Services Agreement | Version 1.0 by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator’s approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator’s approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator’s attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator’s attention to such additional revisions, the Contract Administrator’s approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion (as defined in this paragraph below) or the proper termination and non-renewal of this Agreement (“Term”) (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before within thirty (30) days from 6 Construction Services Agreement | Version 1.0 the issuance of the Notice to Proceed by the City (the “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If the Term of this 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 the 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 the City’s provision of written notice of non-renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City __________N/A___________for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City’s approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by 7 Construction Services Agreement | Version 1.0 separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor’s Compensation; Time and Method of Payment A. 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 $53,725.00 (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as “Exhibit I”, attached hereto and incorporated herein by reference. C. Material Deviations. 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 the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor’s request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. 8 Construction Services Agreement | Version 1.0 Section 6. Change Orders A. Change Order Defined. A “Change Order” means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The 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 the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor 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 the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton 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 5(A) above. 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 Milton City Council. Notwithstanding anything to the contrary or in conflict herein, no Change Order variance in price shall exceed ten percent (10%) of the Maximum Contract Price. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that 9 Construction Services Agreement | Version 1.0 would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’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 the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the 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 10 Construction Services Agreement | Version 1.0 Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site 11 Construction Services Agreement | Version 1.0 conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such 12 Construction Services Agreement | Version 1.0 requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise 13 Construction Services Agreement | Version 1.0 provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator’s request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor’s expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the 14 Construction Services Agreement | Version 1.0 Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City’s expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor’s expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor’s Representative. Jonathan Raymer PE shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, 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. The Contractor 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 the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that 15 Construction Services Agreement | Version 1.0 Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor 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 16 Construction Services Agreement | Version 1.0 Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor 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 the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the 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: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor’s errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) 17 Construction Services Agreement | Version 1.0 per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor 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, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include extended coverage, and providing coverage for transit, with sub- limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) 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 the City in writing so that the City may ensure the financial solvency of the Contractor; 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 Umbrella Liability Coverage. 18 Construction Services Agreement | Version 1.0 (i) Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. 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 Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor’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 the Contractor’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 the Contractor’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 the Contractor for the 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 the Contractor for the City. 19 Construction Services Agreement | Version 1.0 (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The 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 the Contractor under the terms of this Agreement, including but not limited to Section 7(O) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of no less than “A-” and with a financial rate of Class VII or greater. The Contractor 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: Contractor shall furnish to the 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, Contractor is specifically required to provide an endorsement naming the 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 Contractor’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. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor 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 20 Construction Services Agreement | Version 1.0 policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor 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) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance, Payment, and Maintenance bonds on the forms attached hereto as “Exhibits D.1, D.2, and D.3” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits G.1 and G.2” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or 21 Construction Services Agreement | Version 1.0 (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit G.1”, and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit G.2”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor 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 the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor 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 Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’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. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 22 Construction Services Agreement | Version 1.0 Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement (“Records”) shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the 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 Contractor 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, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City’s computer systems and software. 23 Construction Services Agreement | Version 1.0 (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor 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 the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. 24 Construction Services Agreement | Version 1.0 W. Key Personnel. All of the individuals identified in “Exhibit J”, 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 Contractor’s Project Manager or members of the Project team, as listed in “Exhibit J”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the 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 Contractor’s obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. 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, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 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 25 Construction Services Agreement | Version 1.0 or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor’s equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Sara Leaders or her designee shall be authorized to act on the City’s behalf with respect to the Work as the 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 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors’ and manufacturers’ warranties. At such time, Contractor shall also deliver to the City copies of all as- built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not 26 Construction Services Agreement | Version 1.0 executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 1 year(s) (the “Warranty Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for 2 year(s) (the “Maintenance Period”) from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor’s continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) 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 the City. 27 Construction Services Agreement | Version 1.0 D. Payment. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the 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 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. 28 Construction Services Agreement | Version 1.0 (i) City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City’s expenses and compensation for the Architect/Engineer’s and/or Contract Administrator’s additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor’s obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un-discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor’s default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the 29 Construction Services Agreement | Version 1.0 Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator’s administration of the construction of the Project shall be as described in “Exhibit K”, attached hereto. The Contractor agrees to the construction administration provisions contained in “Exhibit K.” Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. 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 Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. 30 Construction Services Agreement | Version 1.0 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 Sara Leaders or her designee for the City and Jonathan Raymer PE for the Contractor. (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 calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses 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: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Federal EC, LLC Attn: Jonathan Raymer 504 Allatoona Hills Dr Woodstock, GA 30189 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Contractor 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, warranties, and insurance maintenance requirements. 31 Construction Services Agreement | Version 1.0 I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. J. 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 the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their 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 their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their 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 Contractor; (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. L. Headings. 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. M. 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. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. 32Construction Services Agreement | Version 1.0 O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit 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. P. Material Condition. Each term of this Agreement is material, and Contractor’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 the City at law or in equity. Q. Use of Singular and Plural. 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. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 33Construction Services Agreement | Version 1.0 CONTRACTOR: FEDERAL EC, LLC By: ________________________________________ Print Name: _________________________________ Its: Member/Manager (LLC) [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ____________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney “EXHIBIT A” ITB 21-PW19 1 | Page Bid Number: 21-PW19 Project Name: Oakhurst Leaf Drive Stormwater Pipe Lining Due Date and Time: July 20, 2021 Local Time: 2:00 PM Number of Pages: 104 ISSUING DEPARTMENT INFORMATION Issue Date: June 24, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: Bid Number: 21-PW19 Name of Company or Firm Special Instructions: Deadline for Written Questions July 8, 2021at 5:00 pm Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) ITB 21-PW19 2 | Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form 32 General Conditions 33 EPD Air Quality Rules 39 Sample Contract Agreement 40 ITB 21-PW19 3 | Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices ANSI / AF&PA NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION, 2012 EDITION OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ASTM: American Society for Testing Materials NPDES: National Pollutant Discharge Elimination System GSWCC : Georgia Soil and Water Conservation Commission ITB 21-PW19 4 | Page Invitation to Bid 21-PW19 The City of Milton is accepting sealed bids from qualified firms for the Oakhurst Leaf Drive Stormwater Pipe Lining project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Electronic bids will be received no later than 2:00 PM Local Time on July 20, 2021. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. Bids received after the above time will not be accepted. Questions also be submitted online in the same manner listed above for bids. Deadline for questions is July 8, 2021 at 5:00 p.m. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about July 14, 2021. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (21- PW19) and bid name (Oakhurst Leaf Drive Stormwater Pipe Lining) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 21-PW19 5 | Page The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is thirty (30) calendar days from the date of the issuance of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. ITB 21-PW19 6 | Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date June 24, 2021 Deadline for Receipt of Written Questions 5 PM on July 8, 2021 Posting of Written Answers by City to Websites on or about July 14, 2021 ITB DUE No Later than 2:00 PM on July 20, 2021 Tentative Contract Award (on/about) August 16, 2021 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 21-PW19 7 | Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13 -14 3 Bid Bond (3 pages) 15 -17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form 32 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum contract with one firm to be the primary supplier of the project: Oakhurst Leaf Drive Stormwater Pipe Lining, ITB 21-PW19. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 21-PW19 8 | Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor 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 ITB 21-PW19 9 | Page connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. ITB 21-PW19 10 | Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) 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) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to ITB 21-PW19 11 | Page require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. ITB 21-PW19 12 | Page Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 21-PW19 13 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 21-PW19 Oakhurst Leaf Drive Stormwater Pipe Lining The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within fourteen (14) calendar days from the Notice to Proceed, and to complete all Work within thirty (30) calendar days from the issuance date of the Notice ITB 21-PW19 14 | Page to Proceed. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ ITB 21-PW19 15 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: ITB 21-PW19 16 | Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2.Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3.This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4.Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5.Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6.No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7.Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 21-PW19 17 | Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11.The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12.The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW19 18 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) ITB 21-PW19 19 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ ITB 21-PW19 20 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Oakhurst Leaf Drive Stormwater Pipe Lining 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: _________________________________ ITB 21-PW19 21 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 21-PW19 22 | Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the Oakhurst Leaf Drive Stormwater Pipe Lining. General Description of Project Scope: This project includes improvements to three (3) 36- inch diameter stormwater cross-drain pipe /catch basin / yard inlet system located just before the northern cul-de-sac and west of the catch basin at 320 Oakhurst Leaf Drive in the Brookshade subdivision off Hopewell Road in Milton, Georgia. Specifically, the scope calls for the following; 1)Removal of an existing stone headwall located on the downstream end of the pipe (south side of Providence Road) 2)Grout/repair the inverts of 2 catch basins, 1 yard inlet structure, and 1 headwall 3)Backfill and re-grade slopes, provide approximately 6 feet of road shoulder in the vicinity of the catch basins, fill in sink holes around yard inlet and catch basins. 4)Grassing, slope protection and rip-rap channel protection at headwall 5)Damaged driveways, structures shall be replaced in-kind. 6)Vegetation shall be restored as a suitable ground cover (grass, sod, mulch). Tree and shrub replacement is not to be considered as part of this project. 7)The Contractor shall replace any damaged property which occurs as a result of this project. 8)Excavate and dispose any of any other debris in an appropriate manner 9)The Contractor shall coordinate all work with the affected utilities. It is the Contractor’s responsibility to plan and coordinate all utility work associated with this project. Any costs and considerations are to be a part of the Contractor’s bid price. 10) Contractor will provide suitable erosion and sediment control measures to prevent sediment from leaving site. Maintenance of erosion and sediment control measures is always required. The Contractor shall have certified erosion and sediment control personnel on site at all times. 11) Cured-In-Place Pipe Lining (CIPP) for 200 ft. of the existing three (3) sections of 36” Corrugated Metal Pipe (CMP) stormwater pipe from cross-drain catch basin to catch basin, to yard inlet, and to the existing headwall adjacent to driveway located on 320 Oakhurst Leaf Drive. See work areas shown on the attached location sketch. 12) The CIPP specifications are described below: ITB 21-PW19 23 | Page CIPP Specifications: a.GENERAL It is the intent of this specification to provide for the reconstruction of pipelines and conduits by the installation of a resin-impregnated flexible tube that is either inverted or pulled into the original pipeline/conduit and expanded to fit tightly against said pipeline/conduit by the use of water or air pressure. The resin system shall then be cured by elevating the temperature of the water or air used for the inflation to a sufficient enough level for the initiators in the resin to affect a reaction. The finished cured-in-place pipe (CIPP) shall be such that when the thermosetting resin cures, the total wall thickness shall be a homogeneous and monolithic felt and resin composite matrix, chemically resistant to withstand internal exposure to domestic sewage or stormwater. The CIPP shall comply with the latest versions of ASTM D5813, F1216 or ASTM F1743, including appendices. b.QUALIFICATIONS Since sewer products are intended to have a 35-year design life, and in order to minimize the Owner’s risk, only proven products with substantial successful long- term track records will be approved. All work to be completed within the City owned right-of-way of Providence Road or within any easements attained (by City) prior to start of work. The Contractor will be responsible for notifying any affected property owners. The Contractor will be responsible for coordinating all work with the City of Milton Public Works Dept. The Contractor will be responsible for replacement and/or repair of any damaged property including existing fencing. It is the Contractor’s responsibility to inspect the site to verify scope and measurements prior to submitting a bid. 1.0 General Conditions a)One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9:00 AM. to 4:00 PM. b)Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c)Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the Contractor. ITB 21-PW19 24 | Page d)The Contractor is responsible for any damaged property which occurs as a result of this project. The Contractor shall replace any damaged property at his own expense. 2.0 Materials, Equipment and Employees a)The Contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b)All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c)No changes shall be made in the Work except upon written approval and change order of the City. d)Products are generally specified by ASTM or other reference standard and/or by manufacturer’s name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the Contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e)If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts is adjudged a nuisance to the Owner or if any workman be considered ITB 21-PW19 25 | Page detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The Contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Erosion and Sediment Control a) The Contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The Contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the Contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of GA Department of Transportation qualified products Section 171, type “C”, for silt fence fabric. Type “A” silt fence fabric and construction may be allowed with prior written approval from the Land Development Inspector. f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of ½ inch of mulching, temporary and permanent seeding of all other disturbed areas. ITB 21-PW19 26 | Page 4.0 Earthwork a)The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b)All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c)Sub-grade preparation shall be in accordance with GDOT specifications and these regulations. d)If any sections of the sub-grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e)Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. f)After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub-grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g)Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 5.0 Utilities a)The Contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a)All work performed shall be in accordance City of Milton Construction Standards. The Contractor will adhere to all current State and Federal ITB 21-PW19 27 | Page construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 7.0 Safety Requirements a)The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b)The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a)No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and stream buffers shall be designated by the City of Milton prior to the issuance of a Notice to Proceed. 9.0 Codes, Permits and Inspections a)The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Cleanup a)The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. ITB 21-PW19 28 | Page 11.0 Schedule a) Project shall start within fourteen (14) calendar days of Notice to Proceed and be completed in satisfactory manner, as deemed by MDPW, within thirty (30) days from the issuance of the Notice to Proceed. 12.0 Detail/Drawings (See Attached) Location Map To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. PROSECUTION AND PROGRESS Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed ITB 21-PW19 29 | Page within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Memorial Day, July 4th, Labor Day. Thanksgiving Day, and Christmas Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic control measures will be needed along the Oakhurst Leaf Dr frontage. Two- way traffic shall be maintained at all times unless otherwise specified or approved by the City. The Contractor shall furnish, install, and maintain all necessary and required ITB 21-PW19 30 | Page barricades, signs, and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fishponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. ITB 21-PW19 31 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form Oakhurst Leaf Drive Stormwater Pipe Lining The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE______________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE ________________________________________________________________________ Total Bid Price: $_______________________________ Print Total Bid Price:__________________________________________ GENERAL CONDITIONS ITB 21-PW19 32 | Page Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 21-PW19 33 | Page Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 Delete as written and substitute STATE HIGHWAY ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.74 Retain as written and substitute the SUPPLEMENTAL AGREEMENT following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, “The City will not be responsible for AND SITE OF THE WORK Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.” Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS “I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type ITB 21-PW19 34 | Page successfully completed. “J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia.” Section 102.08 PROPOSAL Substitute the following for the first GUARANTY sentence “No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City.” Add Section 102.15 ADDENDA AND INTERPRETATION Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid.” Section 102.09 DELIVERY OF PROPOSALS: Add the following as 102.15: “No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. ITB 21-PW19 35 | Page SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.” Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the CONTRACT BONDS following: “At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. “ Section 103.07 FAILURE TO Delete in its entirety and substitute the EXECUTE CONTRACT following: “Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate.” ITB 21-PW19 36 | Page SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY “The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department.” Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the PROPERTY AND SERVICE location of above and below ground Utilities and structures which may be affected by the Work.” SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the Second Paragraph under ‘A. General” As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the Following: “Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent ITB 21-PW19 37 | Page (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” ITB 21-PW19 38 | Page ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 1 | Page ITB21-PW19-Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW19 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: __________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ____________________________________________ ____________________________________ _____________________ Signature Date ADDENDUM #1 2 | Page ITB21-PW19-Addendum #1 ADDENDUM #1 ITB 21-PW19 Questions and Answers: This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Are there any pre cctv videos of pipe available? ~ Video links are provided below. 2. Page 5 states the contractor must start work within 10 CD after NTP is issued. Page 13 states the contractor is to commence work with adequate forces within 14 CD from the NTP. Please clarify if the start date needs to be 10 or 14 days after the NTP is issued. This confliction of dates is also found on page 28 under 11.0 Schedule and PROSECUTION AND PROGRESS. ~ All should state: fourteen (14) days after the Notice to Proceed is issued. Video 1: https://www.youtube.com/watch?v=lpxpC3vBWDU Video 2: https://www.youtube.com/watch?v=lpxpC3vBWDU Video 3: https://www.youtube.com/watch?v=qAjSNliaIhg Video 4: https://www.youtube.com/watch?v=p-nx20tkRG4 1 | P a g e I T B 2 1 - P W 1 9 - A d d e n d u m # 2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 21-PW19 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #2 2 | P a g e I T B 2 1 - P W 1 9 - A d d e n d u m # 2 ADDENDUM #2 ITB 21-PW19 *Scope Clarification This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Staff has realized an error in the Scope of Work regarding the mention of the removal of a stone headwall on page 22 of the ITB. This statement: 1)Removal of an existing stone headwall located on the downstream end of the pipe (south side of Providence Road) should not be included in the solicitation document or bid offer. The City is not requesting the removal of such headwall. “EXHIBIT B” ITB 21-PW19 1 | Page Bid Number: 21-PW19 Project Name: Oakhurst Leaf Drive Stormwater Pipe Lining Due Date and Time: July 20, 2021 Local Time: 2:00 PM Number of Pages: 104 ISSUING DEPARTMENT INFORMATION Issue Date: June 24, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: Bid Number: 21-PW19 Name of Company or Firm Special Instructions: Deadline for Written Questions July 8, 2021at 5:00 pm Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) ITB 21-PW19 13 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 21-PW19 Oakhurst Leaf Drive Stormwater Pipe Lining The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within fourteen (14) calendar days from the Notice to Proceed, and to complete all Work within thirty (30) calendar days from the issuance date of the Notice ITB 21-PW19 14 | Page to Proceed. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ Jonathan Raymer General Manager 5% of Bid w AAAAAAA��A�II �� rsr�ust,tsrl%€� zoos [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Federal EC LLC 504 Allatoona Hills Dr, Woodstock, GA 30189 SURETY (Name and Address of Principal Place of Business): Great Midwest Insurance Company 800 Gessner Road, Suite 600, Houston, TX 77024 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 ID DUE DATE: Juiy 20, 2021 ROJECT (Brief Description Including Location): Oakhurst Leaf Drive Stormwater Pipe OND OND NUMBER: 13IDBOVD07192021 ,ATE (Not later that Bid due date): July 19, 2021 ENAL SUM:Fiv,,centBid-Estimateo t . (Words) f Figures) J WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the :ity, subject to the terms printed below or on the reverse side hereof, do each cause this id Bond to be duly executed on its behalf by its authorized officer, agent or :presentative. ederal EC LLC (Seal) idder's Name and Corporate Seal Y: — igpdture and Titre: ttest: signature and le: SURETY Great Midwest Insurance Cam an Surety's Name and Corporate.Seal By: - Signature and Title: Edward Mooney, Attorney -In -Fact (Attach Power of Attorney) Attes LV Signature anItle: Kathryn Kleinschmidt Vice President 1T� 21 -PW t 9 15 1 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly .and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the tace of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents for any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City faits to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). Payment under this Bond will be due and payable upon Default by Bidder within 30 :alendar days after receipt by Bidder and Surety of a written Notice of Default from the :ity, which Notice will be given with reasonable promptness and will identify this Bond ind the Project and include a statement of the amount due. Surety waives notice of, as well as any and all defenses based on or arising out of, ny time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not i the aggregate exceed 120 days from Bid due date without Surety's written consent. No suit or action shall be commenced under this Bond either prior to 30 calendar jys after the Notice of Default required in paragraph 4 above is received by Bidder and rety or later than one year after Bid due date. Any suit or action under this Bond shall be commenced only in a court of competent diction located in the State of Georgia. ITB 21 -PW f 9 16 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to ail applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth of length. if any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shop be governed by the laws of the State of Georgia. ITB 21 -PW 19 17 1 11 x cl: Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal offic in Houston, TX, does hereby constitute and appoint: Sarah Hancock, Kathryn Kleinschmidt, Edward Mooney, Annette Wisong its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bands, undertakings or othe writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWES- INSURANCE COMPANY, on the 1St day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or othe writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly electec officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted and the signature of the Secretary, and the seal of the Company may be affixed by -facsimile to any certificate of any such power and any sucf power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealec and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its corporate Seal to be affixed this 30th day of November, 2020. On this 30th day of November, 2020, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and ay that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; -tat he executed said instrument on behalf of the corporation by authority of his office under the Ry -laws of said corporation. I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that ie original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions s set forth are now in force. TX tNs 19th Day of J�_ ufy -2021 '" QQRPOK�' - � • �� VARNING: Any person who knowingly and with intent to defraud any iityurance cuirtpany or other person, files and application for insurance of clai mtaining any materially false information, or conceals for the purpose t?e :riialeading, information concerning any fact material thereto, commits mudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. ITB 21-PW19 18 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) Jonathan Raymer Federal EC LLC 7/19/21 ITB 21-PW19 19 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ x Federal EC LLC ITB 21-PW19 20 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Oakhurst Leaf Drive Stormwater Pipe Lining 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: _________________________________ July 19 21 Woodstock GA Michelle Raymer, President 19 July 21 July 16, 2021 Federal EC LLC 1293669 5/2/19 ITB 21-PW19 21 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ Federal EC LLC N/A N/A N/A ITB 21-PW19 31 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form Oakhurst Leaf Drive Stormwater Pipe Lining The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE______________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE ________________________________________________________________________ Total Bid Price: $_______________________________ Print Total Bid Price:__________________________________________ GENERAL CONDITIONS Federal EC LLC 504 Allatoona Hills Drive, Woodstock, GA 30189 Jonathan Raymer General Manager 53,725 Fifty Three Thousand Seven Hundred Twenty Five Dollars 1 | Page ITB21-PW19-Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW19 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: __________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ____________________________________________ ____________________________________ _____________________ Signature Date ADDENDUM #1 2 | Page ITB21-PW19-Addendum #1 ADDENDUM #1 ITB 21-PW19 Questions and Answers: This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Are there any pre cctv videos of pipe available? ~ Video links are provided below. 2. Page 5 states the contractor must start work within 10 CD after NTP is issued. Page 13 states the contractor is to commence work with adequate forces within 14 CD from the NTP. Please clarify if the start date needs to be 10 or 14 days after the NTP is issued. This confliction of dates is also found on page 28 under 11.0 Schedule and PROSECUTION AND PROGRESS. ~ All should state: fourteen (14) days after the Notice to Proceed is issued. Video 1: https://www.youtube.com/watch?v=lpxpC3vBWDU Video 2: https://www.youtube.com/watch?v=lpxpC3vBWDU Video 3: https://www.youtube.com/watch?v=qAjSNliaIhg Video 4: https://www.youtube.com/watch?v=p-nx20tkRG4 1 | P a g e I T B 2 1 - P W 1 9 - A d d e n d u m # 2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 21-PW19 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #2 Federal EC LLC Jonathan Raymer 504 Allatoona Hills Drive Woodstock GA 30189 770-616-7523 n/a jraymer@federalec.com 7/18/21 2 | P a g e I T B 2 1 - P W 1 9 - A d d e n d u m # 2 ADDENDUM #2 ITB 21-PW19 *Scope Clarification This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Staff has realized an error in the Scope of Work regarding the mention of the removal of a stone headwall on page 22 of the ITB. This statement: 1)Removal of an existing stone headwall located on the downstream end of the pipe (south side of Providence Road) should not be included in the solicitation document or bid offer. The City is not requesting the removal of such headwall. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 08/11/2021 Clenney Insurance of Blakely, Inc. 8 Liberty Street PO Box 190 Blakely GA 39823 Brad Clenney, AAI, CPIA (229) 723-0880 (229) 638-6188 brad@clenneyinsurance.com FEDERAL EC JONATHAN M RAYMER 504 ALLATOONA HILLS DRIVE WOODSTOCK GA 30189 EVANSTON INSURANCE COMPANY (JENCAP MGA)35378 TECHNOLOGY INSURANCE COMPANY (AMTRUST) NAUTILUS INSURANCE COMPANY (JENCAP MGA) OHIO SECURITY INSURANCE COMPANY 24082 A X X 3AA322138 02/04/2021 02/04/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B X X WPP1662530-00 10/15/2020 10/15/2021 1,000,000 UNINSURED MOTORIST 1,000,000 C 0 X X AN069410 06/12/2021 06/12/2022 4,000,000 4,000,000 B Y X TWC3810518 08/22/2020 08/22/2021 1,000,000 1,000,000 1,000,000 D EQUIPMENT RENTED/LEASED EQUIPMENT X X BMO (21)59105750 06/07/2020 06/07/2021 SCHEDULED:$120,000 RENTED/LEASED-$100,000 DEDUCTIBLE:$1,000 Description of Operations: Oakhurst Leaf Drive Stormwater Pipe Lining. CITY OF MILTON 2006 HERITAGE WALK MILTON GA 30004 “EXHIBIT C” See Exhibits “A” and “B” Bond No. GM211222 "EXHIBITS D.1, D.2, and D.3" "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Federal EC, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Fifty-three Thousand Seven Hundred Twenty- five Dollars ($53,725.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Oakhurst Leaf Drive Stormwater Pipe Lining (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seat. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. Michelle Raymer Bond No. GM211222 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Federal EC, LLC (as CONTRACTOR, hereinafter referred to as the "Principal'), and Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Fifty-three Thousand Seven Hundred Twenty-five Dollars ($53,725.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Oakhurst Leaf Drive Stormwater Pipe Lining (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] is • wNmoikY4fiYk*a "EXHIBIT D.3" MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Federal EC, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of Seventeen Thousand Nine Hundred Eight Dollars and Thirty-three Cents ($17,90$.33) (one third of the total amount paid under the Contract), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written agreement with the City for the construction of a project known as Oakhurst Leaf Drive Stormwater Pipe Lining (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). WHEREAS, said Project has been approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of one (1) year beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. Michelle RaymerPresident8/10/218/10/21GMJonathan Raymer POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal in Houston, TX, does hereby constitute and appoint: Sarah Hancock, Kathryn Kleinschmidt, Edward Mooney, Annette Wisong true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other tings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MI INSURANCE COMPANY, on the 1$i day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attomey-In-Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney gran and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any s power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and se and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and a Seal to be affixed this 11th day of February, 2021. CORPORATE SEAL ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY BY H'� Mark W. Haush ill President On this 11th day of February, 2021, before me, personally came Mark W. Haush 11 to me known, who being duly sworn, did depose and that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. E10)", CHRISTINA BISHOP Notsry Public, State of TexasComm. Expires 04.14-2025 Notary ID 131090488 CERTIFICATE BY Christina Bishop Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions set forth are now in force. and Sealed at Houston, TX this Day of/6,r,� BY tAl"� Leslie K. Shaunty Secretary : Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim any materially false Information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a insurance act, which is a crime and subjects such person to criminal and civil penalties. “EXHIBIT E” NONCOLLUSION AFFIDAVIT OF PRIME (BIDDER) STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Federal EC, LLC (the “Bidder”) that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. _______________________________________ 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: ________________________ Georgia Cherokee Michelle Raymer S Member S Michelle Raymer, President 8 August 21 Jonathan Raymer 7/16/21 “EXHIBIT F” FINAL AFFIDAVIT STATE OF __________________ COUNTY OF ________________ TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by ______________________ or any of its subcontractors in connection with the construction of __________________________ for City of Milton, Georgia have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ___________________________________, that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Oakhurst Leaf Drive Stormwater Pipe Lining 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: _________________________________ July 19 21 Woodstock GA Michelle Raymer, President 19 July 21 July 16, 2021 Federal EC LLC 1293669 5/2/19 “EXHIBIT G.1” “EXHIBIT G.2” SUBCONTRACTOR AFFIDAVIT STATE OF ___________________ COUNTY OF _______________ 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 Federal EC, LLC on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Oakhurst Leaf Drive Stormwater Pipe Lining Name of Project City of Milton, Georgia________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______ ___, 20___ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ N/A “EXHIBIT H” See Exhibit “A” “EXHIBIT I” ADDITIONAL PAYMENT TERMS ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor’s applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor’s application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator’s reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. “EXHIBIT J” Reserved “EXHIBIT K” The City will Administer the Contract Itself “EXHIBIT L” See Exhibit “A” “EXHIBIT M” Contractor Responsibility for Project and Worksite During Construction 1.Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2.Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section 11(A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3.Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic-related damage to the Project or worksite other than damage attributable to the Contractor’s actions or inadequate construction. “EXHIBIT N” Reserved CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement with Emergency Care Medical Group, P.C. for the Provision of Medical Direction Services for Milton Fire-Rescue. MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X X To: Honorable Mayor and City Council Members From: Gabe Benmoussa, Fire Chief Date: Submitted on August 30, 2021 for the September 8, 2021 Agenda Item: Approval of a Professional Services Agreement with Emergency Care Medical Group, P.C. for the Provision of Medical Direction Services for Milton Fire-Rescue. _____________________________________________________________________________________ Project Description: The Fire Department provides basic and advanced life support emergency medical services to the community and our automatic aid partners. One of the requirements of providing such service is Medical Direction. This contract with Emergency Care Medical Group, PC provides that service through Russell Mitchell, MD who is an Emergency Room physician and has been our medical director previously. The Medical Director Contract was put out to RFP and Dr. Mitchell was the only Offeror this time around and has provided quality service for the Department and the community. Procurement Summary: Purchasing method used: RFP Account Number: 100-3510-521200003 (Fire) Requisition Total: $28,000.00 Vendor DBA: Emergency Care Medical Group, P.C. Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 3, 2021 Attachment: Professional Services Agreement MILTON*k ESTABLISH ED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 20 (the "Effective Date"), by and between the CITY OF I LTON, 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 Emergency Care Medical Group, P.C., a Georgia Professional Corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City is required to have a medical advisor/local medical director for its emergency medical services program pursuant to Ga. Comp. R. & R. 511-9-2; WHERAS, 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. A reement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" —City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel Exhibit "G" — HIPAA Business Associate Addendum B. Project Description. The "Project" at issue in this Agreement is generally described as: provision of services for medical direction and administrative oversight to the City of Milton's emergency medical services ALS/BLS programs and all personnel, in accordance with Georgia statutes and regulations. C. Th�rk, The Work to be completed under this Agreement (the "Work") includes, but shall not be Iimited to, the work described in the Scope of Work provided in Exhibit 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 October 1, 2021 and the Work shall be completed, and the Agreement shall terminate, on September 30, 2026 (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 I 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. Ill. 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. 2 B. Right to Order Changes., City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Chan2e Order Re uirgment. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authori to Execute Chan a 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 Annual 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 affectingthe price where the Annual Contract Price (as amended) or the Original Contract Price (as defined in this paragraph below} is in excess Of $50,000, must be approved by resolution of the Mayor and City Council. Notwithstanding the foregoing, amendments shall not, in any case, result in a variance in price exceeding ten percent (10%) of the "Original Contract Price," which represents the total aggregate expenditure amount in a sum equal to $140,000.00 that was appropriated for the Term herein. 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 quarterly 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 Dandled 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. Annual 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 the annual sum of $28,000.00 (the "Annual Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be payable quarterly in increments of $7,000.00. C. Reimbursement for Casts. The Annual Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: ® There shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for -under this Agreement. Further; Consultant agrees that itwill 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 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 M 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 Cityy Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative, Russell K. Mitchell, M.D. 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 workmcn's compensation acts, disability benefit acts or other employee -benefit acts. 5 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. Inde endent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City_ Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content_ These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one 0 million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions; or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease_ (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ n/a per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liabili and if applicable) Umbrella Liability Coverage_ 7 (i} Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided_ (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not he 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) Acca tabili 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 E such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Pace: 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. Em to anent 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. § 13-10-9I, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G_A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 10 In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Departmentoure f Homeland Security. Consultant's fail 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 eznpIoys 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. 11 K. Records Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code- Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant 12 become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take -action to remedy the conflict of interest or terminate the - Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. ConfidentialitV. 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 13 expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be. coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials') shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 1213.2, 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 sery Agreement. fees contemplated under this S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-8028, 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 14 purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. _Gabriel Benmoussa_ 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. Statu tory 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 15 are no longer available to satisfy the obligation of City. D. Payment U on Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Annual 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. Re nirements U on 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 Ri hts 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 A reement. 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. I6 D. Captions and Severabili1y. 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 Dav-to-Dav 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: Emergency Care Medical Group, P.C. Attn: Russell K. Mitchell, M.D. 1051 Windermere Crossing Cumming, GA 30041 17 G. Waiver of Aireement. 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. L No Third Party Ri hts. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. I Sovereign Immuni • 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. Counter arts• 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 18 and appears in another is not intended to affect the interpretation of either statement_ Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes 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] 19 CONSULTANT: Emergency Care Medical Group, P.C. Signature:} Print Name: zf/ e t 1 m _�z. l ch Title: AttestfWituess: Signature: Print Name: tar`r ; Title: President[Vice President (Corporation) [CORPORATE SEAL] (required if corporation) (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 20 [CITY SEAL] EXHIBIT "A" MITTC-)NT,lit ESTABLHHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-FD02 Medical Direction Services for Fire -Rescue Due Date and Time: July 1, 2021 at 2:00 pm EST "Pending updates relating to COV1D-19 the City may conduct the bid opening via a virtual meeting. Number of Pages: 46 Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2021 City of Milton Phone: 678-242-2500 Fire -Rescue Department 13690 Highway 9, Bldg. A Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: "Proposals must Mark Proposal File/Package: be submitted electronically via Milton's RFP Number: 21-FD02 BidNet procurement portal/platform at Name of Company or Firm www.cityotmi3ton.ga.us Special Instructions: If you have not registered as a vendor Deadline for Written QuestionsJune via BidNet we encourage you to 16, 2021 by 5:00 p.m. register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as Submit questions online via the BidNet well as other agencies who are part of Direct procurement portal at the Georgia Purchasing_Group. www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: Please print name and sign in ink Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 infogcityofmiltonga.us I www.cityofMiltonga.us 0000 2 1 RFP 21-FD02 OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre-qualiticafions conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP_ All addenda issued for an RFP are posted on the City's website at htfp://www.cgyofmittonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the City's website at http://www.cltyofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and wiII be used fo score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted, with Consultant's response. 3 j RFP 21-FDa2 M 1 ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Professional Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 4 1 RFP 21-FD02 M1 LT ES IML15EEED 1006 RFP 21-FD02 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-FD02) Medical Direction Services for the City of Milton Fire - Rescue Department. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here to S 1 RFP 21--FD02 KAITTON11t LSTABLISHED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O_C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date. of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Medical Directions. Services for Fire -Rescue 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: 6- 1 RFP 21-FD02 SCHEDULE OF EVENTS Task Date Issue RPP June 3, 2021 Deadline for Questions June 16, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 22, 2021 Proposals Due By 2:00 p.m. EST on July 1, 2021 Award Contract August 16, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmilfonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 7 1- RFP 21-FDO2 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified medical professionals to provide medical direction and oversight of the Fire Department's Emergency Medical Service that provides services to City of Milton residents and visitors. All medical professionals must comply with all general and special requirements of the RFP information and instructions enclosed herein. The City desires a five (5) year agreement which is renewed annually. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Professional is selected, Professionals are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the Professional from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number-, 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Professionals should carefully review the instructions, mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Professionals with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5:00 PM (EST) on June 16, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about June 22, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not RFP 21-FD02 be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltongo.us . Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Professional agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Professional's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Professional's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Professional during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to ail Professionals submitting a response to this RFP. F. Mandatory Requirements. To be eligible for consideration, a Professional must meet the intent of all mandatory requirements. The City will determine whether a Professional's RFP response complies with the intent of the requirements_ RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Professionals must organize their proposal into sections that follow the following format_ This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 9 f RFP 21-FD02 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal: a. No more than twelve (12) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of i i -point font Each Technical Proposal Shall Contain: a. Certifications - applicant must possess a valid certification as a State of Georgia Department of Professional Regulation (DPR), licensed physician (MD), board certified in Emergency Medicine by the American Medical Association (AMA). b. Experience - it is desirable that the applicant have at least five (5) years' experience of progressively responsible authority as; 1. The supervising physician of a Georgia licensed ALS/BLS Emergency Medical Service, in an EMS delivery system similar in complexity to the City of Milton or 2. Georgia hospital emergency department affiliation in the Fulton or Forsyth County area, with considerable direct interface to pre -hospital ALS providing fire -rescue departments. 3. Applicants by virtue of past experience, must be knowledgeable of the duties and responsibilities of an EMS system medical director, including requirements by statue and administrative rules in the State of Georgia. c. Knowledge - applicant must possess knowledge of State, County and municipal laws, ordinances, rules and regulations relating to all aspects of Emergency Medical Services. d. Additional Training - Applicant must possess valid provider and/or instructor certifications in American Heart Association Advanced Cardiac Life Support (ACLS), and Pediatric Basic Life Support (PALS). Additional certifications in Advanced Trauma Life Support (ATLS), and/or Basic Trauma Life Support (BTLS) preferred. e. Professional Associations - membership with either the Fulton or Forsyth County's Medical Associations, American Heart Association (AHA), American Trauma Society (ATS), Georgia 10 1 RFP 21-FD02 Medical Association (GMA), American College of Emergency Physicians (ACED) or National Association of EMS Physicians (NAEMSP), is highly preferred. f. Business Association (s) -applicant must be currently providing/practicing emergency medicine at a state certified/licensed hospital, in the Fulton/Forsyth County area, medical privileges at a hospital(s) within the City of Milton area is preferred. g. Residency - it is desirable that the applicant be located in the Fulton/Forsyth County area. Additionally, the applicant should be able to respond to requests for emergencies and/or other incidents/disasters within thirty (30) minutes travel time to the City of Milton. h. Community Involvement - active participation in Professional associations and/or with local, regional or state councils or committees, advisory or regulatory, in pre- hospital delivery of emergency medical services is highly desirable. L Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Professionals must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Professionals failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Re uired and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Offerors will be announced. "Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding Consultants 11 I RFP 21-FD02 will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proiposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Professional's sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 PROFESSIONAL'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Professional agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Consultant for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Consultant so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal_ 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Professional. The City is not liable for any expense incurred by fhe Professional in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Professional resulting from this RFP process. 12 1 RI=P 21-FD02 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RI=P process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among professionals. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the professional; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met-- 11. et:1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Professional's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared to pay all 13 1 RFP 21-FD02 legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria sfated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a Professional has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Professional or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Professional. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Professional's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Professionals outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Professional being disqualified from further consideration. E. Opportunity- for Discussion/Negotiation andjor Oral Presentation/Product Demonstration. 14 J RI=P 21-FD02 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Professionals should clarification or negotiation be necessary. Professionals may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Professionals should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Professional's expense. F. Evaluation Committee Recommendation for Contract Award The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Professional to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Professional whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Professional fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Professional. I_ Contract Award. Contract award, if any, will be made to the highest scoring Professional who provides all required documents and successfully completes contract negotiation. 15 1 RFP 21-FD02 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a Professional without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 1 RFP 21-FD02 SECTION 3: SCOPE OF SERVICES 3.0 MEDICAL OVERSIGHT Medical Director/Fire-Rescue Department Emergency Medical Service (EMS). Responsible for medical and administrative oversight for the City of Milton's delivery of Basic and Advanced (ALS) emergency medical services provided by paramedics and emergency medical technicians via the City of Milton's Fire -Rescue Department, where personnel perform various medical emergency procedures, under the direction of a board certified, and licensed Georgia Emergency Physician or Medical Doctor, according to the Medical Practice Act of the State of Georgia. 3.1 PURPOSE This position shall be for the contractual employment of a supervising physician to provide Medical Direction services to the City of Milton's emergency medical services ALS/BLS programs and all personnel, in accordance with Georgia Statue. 3.2 BACKGROUND The State of Georgia requires all EMS First Responder systems to have a medical director. As a local fire -rescue agency providing emergency medical care, the City of Milton is included in this requirement. The medical director shall be a physician licensed to practice medicine in the State of Georgia. The medical director shall serve as medical authority for the EMS system and serve as a liaison between the EMS system, medical community, medical facilities, and government entities. 3.3 GENERAL SCOPE OF SERVICES Medical Director shall provide full-time Emergency Medical Direction by a competent board-certified Georgia licensed Emergency Physician, or associate physician on call and available 24 hours a day, seven (7) days per week with contact via radio or telephone within fifteen (15) minutes of notification, for the City to resolve medical issues within the scope of this agreement. All applicable local, state and federal laws and regulations shall apply. 3.4 SPECIFIC SCOPE OF SERVICES A. Certifications/Qualifications - Medical Director shall be responsible for any certifications/qualifications, advises or participation of his Associate Physician as if he were directly performing the service. B. Protocol Development - In concert with the Fire Chief and his staff, Medical Protocols will be developed and revised as needed. Medical Director will review and approve the training and re -certification of skills for all First Responders, Emergency Medical Technicians, and Paramedics employed by the City of Milton. 17 E RFP 21-FDQ2 C. Quality Assurance/Quality Improvement (QA/QI) - In concert with the Fire Chief and his staff, Medical Director will establish and revise, as needed a departmental QA/QI program, which includes a methodology for continuous quality of care. D. Record Keeping - Mandatory medical records for continuing education and re -certification training, meetings on quality assurance measures and other necessary documentation will be kept along with documents of attendance as required by Federal, State, and County regulations. Medical Director will assist with the required documentation as necessary for the EMS re -certifications of all Fire Department employees. E. Bi-Monthiy Meetings - In concert with the Fire Chief and Emergency Medical Services Advisory Committee (EMSAC), Medical Director will establish a routine Bi -monthly meeting, usually scheduled in advance for the day or evening, lasting at least two hours, for the purposes of medical consultation, planning, education and quality assurance. F. Hospital/Medical Liaison - Medical Director shall coordinate hospital and emergency department liaison between the various community hospitals, other local emergency medical services agencies, and any other agency, physician, institution or organization affecting the City Fire Department's EMS services. G. Rescue Reports — Medical Director shall provide for regular review of medical rescue reports prepared by fire department Emergency Medical Technicians and Paramedics, and review all problem cases as necessary and/or desirable. H. Training/Education-Medical Director Shall provide a quarterly training to Milton Fire -Rescue EMTs and Paramedics. SECTION 4: PROFESSIONAL PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 PROFESSIONAL INFORMATIONAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 18 1 RFP 21-FDQ2 .I I `ONlt ESTABLISHED 1006 MUST BE RETURNED WITH BID The Consultant's cost proposal shall be signed by an authorized agent of the company. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price: Print Total Price in Words: Print/Type Company Name: Authorized Signature Date Print/Type Name. Print/Type Title 19 RFP 21-FD02 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria The award of the contract will be based on certain objective and subjective considerations listed below: Technical Qualifications: The evaluation committee will review and rank the technical merit portion of proposals based on the factors listed below. Criteria for technical merit review are, in priority order, as follows: 1. Experience, qualifications, and past performance of the proposing firm including Physicians proposed for the project. (60 pts) Cost Proposal: Cost proposals will only be considered for the shortlisted firms from the technical evaluation. Prices of optional products or services offered beyond those specified in this RFP will not be used in the price comparisons and scoring, so that additional offerings will not work against you. (40 pts) Total Possible Points Available are 100 ooints. 1. Interviews and Product Demonstration If applicable, short-listed Professionals will be invited to make a presentation to the City of Milton. At this time they can provide live demonstrations of the software and discuss the benefits of their software system the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The top-ranked proposal will be recommended for contract award, pending successful negotiations. 20 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Professional should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Professional's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring Professional at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Professional's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Professional. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultanfs. All sub -consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub -consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub -consultants or agents and of persons directly or indirectly employed by such sub -consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Professional is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither 21 1 RFP 21-FDQ2 the Professional nor its employees are employees of the City. The proof of insurance/exempfion must be received by the City of Milton within fen (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO PROFESSIONALS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Professional must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -consulting by the Professional subjects sub -consultants to the same provision. The Professional agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. - SAMPLE CONTRACT INTENTIONALLY OMITTED EXHIBIT "B" RFP: Medical Direction Services for Fire -Rescue Russell Mitchell MD Emergency Care Medical Group, PC Certifications I have been a board certified Emergency Physician since 1997. 1 completed and passed my recertifying board testing with the American Board of Emergency Medicine and am board certified through 2028. 1 am licensed to practice medicine in the states of Georgia (license 043431) and South Carolina (license 51787)_ I have a DEA certificate specific for the City of Milton Fire -Rescue Department (FM2770293). Experience I am a board certified Emergency Physician that has been actively practicing since 1997. 1 have always worked in the Fulton and Forsyth County area_ I worked for 11 years at North Fulton Regional Hospital (now North Fulton Hospital) which is a level 2 trauma center. I currently work at Northside Hospital Forsyth. I am the Assistant Medical Director in the Emergency Department at Northside Hospital Forsyth and I am also the head of customer service for the Emergency Department. I have been the Medical Director for Alpharetta Fire and Rescue for the past 24 years. I have been the Medical Director for the City of Milton Fire -Rescue since August, 2011 _ I have been the Medical Director for Forsyth 911 for the past 7 years. Knowledge I am very familiar with State, County and municipal laws, ordinances, rules and regulation relating to all aspects of Emergency Medical Services. Additional Training 1 am an ACLS and PALS certified instructor. Professional Associations I am an active member with the ACEP and NAEMSP. Business Association I am currently an Emergency Physician at Northside Hospital Forsyth_ Residency I have lived in Forsyth County for the past 20 years at the following address: 1051 Windermere Crossing Cumming, GA 30041 Community Involvement 1 am the EMS liaison for the Northside Hospital Forsyth. I regularly volunteer at the Northside Hospital Forsyth Stroke screening day. M I LTO E±tABf.f Sf ff f] 2y� CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-FD02 Medical Direction Services for Fire -Rescue Due Date and Time: July 1, 2021 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Number of Pages: 46 Responding Offerors will be emailed a meeting link should the need to hold this type meetin arise. ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2027 F2City of Milton Phone: 678-242-2500 e-Rescue Department 13690 Highway 9, Bldg. A Website: www.cit ofmilton a.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electcanic ub Smittal: "Proposals must be submitted electronically via Milton's BidNet procurement portal/platform at www.cit ofmilton a.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasinq Grour)_ Mark Proposal Fife/Package: RFP Number: 21-FD02 Name of Company or Firm Special Instructions: Deadline for Written Questions June 16, 2021 by 5:00 p.m. Subunit questions online via the BidNet Direct procurement portal at www.cltyofmfftonqc.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant N me/Addy ((ss: pp Authorized Consultant ­Signatory.- _5--F ignatory: `_5_Fc l I�na l7 3`� ° I Please ri medi n in ink Consultant Phone Number: Consultant FAX Number: _��y)sLl-��� Consultant Federal I.D. Number: Consultant -mail Address: C,z- i-7 Gi 5 -7 -? gore-S'ax 1@ C,,'I rle CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info`cityofmiltonga.us I www.cityofrniltonga.us 0000 3 j RFP 21-FD02 '.,To, ESTASLEStEED 2DpG CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City Of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Professional f <, �nST J! Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official- Amount/Value f Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 4 1 -- ENTABUSHED IoD6 RFP 21 -FDQ2 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-FD02) Medical Direction Services for the City of Milton Fire - Rescue Department. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signat ate r:-,, ZZZ Z i Print/Type Name f; Print/Type Company Name Here efcV��- 5 I RFI✓ 21-FIDo2 E�1'aB�:5llir� ZU7� CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON 3y executing this affidavit, the undersigned contractor verifies ifs compliance with 0 -CIG -A. § 13- 3 0-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milian 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: V'\ P..-\ L 1 n �-. -) i eVerify Number -- Date of Authorization Name of Contractor Medical Directions Services for Fire -Rescue Name of Project City of Milton Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing iwtrue and correct. Executed on L-- 20? I in (state). Signatu of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE�� DAY OF F = 2D- r . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: RTU sHUKLA Notary Public - State of Georgia 2DZ2- Forsyth County My ommission Expires Jun 6, 2022 1`$ 1 RFP 21-FD02 AA f5 fiBLISEiEJ 1vCi6 MUST BE RETURNED WITH BID The Consultant's cost proposal shall be signed by an authorized agent of the h e The undersigned bidder, having familiarized themselves with the work required b the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named protect is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price: Print Total Price in Words, ,1 1 I Print/Type Company Name: Authorized Sig Print/Type Name U l <,,S -re h t �, Print/Type Title -r , rV+ EXHIBIT "C" See Exhibit "A" Georgia Forsyth EXHIBIT "E" STATE OF �JIA 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 Emergency Care Medical Group, P.C._ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Medical Direction Services for Fire -Rescue Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position Russell K. Mitchell, M.D. Medical Director EXHIBIT "G" EnAA BUSINESS ASSOCIATE ADDENDUM The City of Milton, Georgia ("City") and its business associate Emergency Care Medical Group, P.C. ("Consultant") agree that this HIPAA Business Associate Addendum is entered into for the benefit of City, which may be a covered entity under the HIPAA Privacy Rule. Pursuant to the Agreement, Consultant may perform functions or activities involving the use and/or disclosure of PHI on behalf of the City, and therefore Consultant may function as a business associate. Consultant agrees to the following terms and conditions set forth in this HIPAA Business Associate Addendum ("Addendum"). ] . Scope. This Addendum applies to and is hereby automatically incorporated into all present and future agreements and relationships, whether written, oral or implied, between City and Consultant, pursuant to which PHI is created, maintained, received or transmitted by Consultant from or on behalf of City in any form or medium whatsoever. 2. Definitions. For purposes of this Addendum, the terms used herein, unless otherwise defined, shall have the same meanings as used in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), or the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and any amendments or implementing regulations, (collectively "HIPAA Rules"). 3. Compliance with Applicable Law. The parties acknowledge and agree that, beginning with the relevant effective date, Consultant shall comply with its obligations under this Addendum and with all obligations of a business associate under HIPAA, HITECH, the HIPAA Rules, and other applicable laws and regulations, as they exist at the time this Addendum is executed and as they are amended, for so long as this Addendum is in place. 4. Permissible Use and Disclosure of PHI. Consultant may use and disclose PHI as necessary to carry out its duties to City pursuant to the terms of the Agreement and as required by law. Consultant may also use and disclose PHI (i) for its own proper management and administration, and (ii) to carry out its legal responsibilities. If Consultant discloses Protected Health Information to a third party for either above reason, prior to malting any such disclosure, Consultant must obtain: (i) reasonable assurances from the receiving party that such PHI will be held confidential and be disclosed only as required by law or for the purposes for which it was disclosed to such receiving party; and (ii) an agreement from such receiving party to immediately notify Consultant of any known breaches of the confidentiality of the PHI. 5. Limitations on Use and Disclosure of PHI. Consultant shall not, and shall ensure that its Consultants, officers, employees, subcontractors, and agents do not, use or disclose PHI in any manner that is not permitted by the Agreement or that would violate Subpart E of 45 C.F.R. 164 ("Privacy Rule") if done by City. All uses and disclosures of, and requests by, Consultant for PHI are subject to the minimum necessary rule of the Privacy Rule. 6. Re uired Safeguards to Protect PHI. Consultant shall use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 ("Security Rule") with respect to electronic PHI, to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Addendum. 7. Reportig Ci. Consultant shall report to the affected City without unreasonable delay: (a) any use or disclosure of PHI not provided for by the Agreement of which it becomes aware; (b) any breach of unsecured PHI in accordance with 45 C.F.R. Subpart D of 45 C.F.R. 164 ("Breach Notification Rule"); and (c) any security incident of which it becomes aware. With regard to Security Incidents caused by or occurring to Consultant, Consultant shall cooperate with the City's investigation, analysis, notification and mitigation activities, and except for Security Incidents caused by City, shall be responsible for reasonable costs incurred by the City for those activities. 8. Mitigation of Harmful Effects. Consultant agrees to mitigate, to the extent practicable, any harmful effect of a use or disclosure of PHI by Consultant in violation of the requirements of the Agreement, including, but not limited to, compliance with any state law or contractual data breach requirements. 9. Agreements by Third Parties. Consultant shall enter into an agreement with any subcontractor of Consultant that creates, receives, maintains or transmits PHI on behalf of Consultant. Pursuant to such agreement, the subcontractor shall agree to be bound by the same or greater restrictions, conditions, and requirements that apply to Consultant under this Addendum with respect to such PHI. 10. Access to PHI. Within five (5) business days of a request by City for access to PHI about an individual contained in Consultant's records, Consultant shall make available to the City such PHI for so long as such information is maintained by Consultant, as required by 45 C.F.R. 164.524. In the event any individual delivers directly to Consultant a request for access to PHI, Consultant shall within five (5) business days forward such request to the City. I I. Amendment of PHI. Within five (5) business days of receipt of a request from City for the amendment of an individual's PHI or a record regarding an individual maintained by Consultant (for so long as the PHI is maintained by Consultant), Consultant shall provide such information to the City for amendment and incorporate any such amendments in the PHI as required by 45 C.F.R. 164.526. In the event any individual delivers directly to Consultant a request for amendment to PHI, Consultant shall within five (5) business days forward such request to the City. 12. Documentation of Disclosures. Consultant agrees to document disclosures of PHI and information related to such disclosures as would be required for City to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.A. 164.528 and HITECH. 13. Accounting of Disclosures. Within five (5) business days of notice by City to Consultant that it has received a request for an accounting of disclosures of PHI, Consultant shall make available to City information to permit the City to respond to the request for an accounting of disclosures of PHI, as required by 45 C.F.R. 164.528 and HITECH. 14. Other Obligations. To the extent that Consultant is to carry out one or more of City's obligations under the Privacy Rule, Consultant shall comply with such requirements that apply to the City in the performance of such obligations. 15. Judicial and Administrative Pro ceedin s. In the event Consultant receives a subpoena, court or administrative order or other discovery request or mandate for release of PHI, City shall have the right to control Consultant's response to such request, provided that, such control does not have an adverse impact on Consultant's compliance with existing laws. Consultant shall notify the City of the request as soon as reasonably practicable, but in any event within seven (7) business days of receipt of such request. 16. Availabilfty of Books and Records. Consultant hereby agrees to make its internal practices, books, and records available to the Secretary of the Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 17. Breach of Contract by Consultant. In addition to any other rights a party may have in the Agreement, this Addendum or by operation of law or in equity, either party may: i) immediately terminate the Agreement if the other party has violated a material term of this Addendum; or ii) at the non -breaching party's option, permit the breaching party to cure or end any such violation within the time specified by the non -breaching party. The non - breaching party's option to have cured a breach of this Addendum shall not be construed as a waiver of any other rights the non -breaching party has in the Agreement, this Addendum or by operation of law or in equity. 18. Effect of Termination of Agreement. Upon the termination of the Agreement or this Addendum for any reason, Consultant shall return to City or, at the City's direction, destroy all PHI received from the City that Consultant maintains in any form, recorded on any medium, or stored in any storage system. This provision shall apply to PHI that is in the possession of Consultant, subcontractors, and agents of Consultant. Consultant shall retain no copies of the PHI. Consultant shall remain bound by the provisions of this Addendum, even after termination of the Agreement or Addendum, until such time as all PHI has been returned or otherwise destroyed as provided in this Section. 19. Injunctive Relief. Consultant stipulates that its unauthorized use or disclosure of PHI while performing services pursuant to this Addendum would cause irreparable harm to City, and in such event, the City shall be entitled to institute proceedings in any court of competent jurisdiction to obtain damages and injunctive relief. 20. Owner of PHI. Under no circumstances shall Consultant be deemed in any respect to be the owner of any PHI created or received by Consultant on behalf of City. 21. Data Usage Provision.. Consultant may aggregate and de -identify PHI and/or create limited data sets for use in research, evaluation and for publication or presentation of patient care quality improvement practices and outcomes. The Parties understand and agree that such aggregated and de -identified data is no longer PHI subject to the provisions of MPAA and agree that Consultant may retain such limited data sets indefinitely thereafter. Consultant agrees that it will comply with all terms of this Agreement with respect to the limited data sets and that it shall not re -identify or attempt to re -identify the information contained in the limited data set, nor contact any of the individuals whose information is contained in the limited data set. 22. Third Party Rights. The terms of this Addendum do not grant any rights to any parties other than Consultant and the City. CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing National Suicide Prevention Week MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X Promoting Mental Wellness and Recognizing National Suicide Prevention Week WHEREAS, the City of Milton places a high priority on mental wellness for people of all ages and types, knowing that many in our community quietly struggle with depression, anxiety, PTSD and other mental illnesses; WHEREAS, National Suicide Prevention Week is an annual campaign to raise awareness among Americans, as well as engage and inform health professionals, that runs this year from September 5 to September 11; WHEREAS, this week overlaps with World Suicide Prevention Day on September 10, which this year has the theme of “Creating Hope Through Action” to encourage individuals to work together to recognize warning signs and act to help prevent suicides; WHEREAS, suicide is the second leading cause of death among Americans ages 10 to 34, according to the CDC; WHEREAS, research shows that talking about suicide can be critical to preventing it – so engaging people in deliberate, caring conversations and working to reduce suicide-related stigmas can save lives; WHEREAS, the City of Milton constantly strives to provide the best quality of life for its residents by forging connections and offering ways to create a strong sense of belonging and healthy, well-informed populace; and WHEREAS, Milton is a better place when difficult topics like suicide are discussed head-on, with the community coming together to listen and support those in need. Now, therefore, we — the Mayor and City Council of the City of Milton — proclaim September 5-11 to be Suicide Prevention Week in Milton. And we demonstrate the City’s commitment to citizens’ health and well-being by partnering with the LRJ Foundation on an educational campaign throughout September, sharing information, tools, and resources with our community to support mental wellness. Given under our hand and seal of the City of Milton, Georgia on this 8th day of September 2021. ________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the 20th Anniversary of the September 11 Terriorist Attacks MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X Remembering and Recognizing the 20th Anniversary of the September 11 Terrorist Attacks WHEREAS, the United States and Milton were transformed forever on September 11, 2001 – exactly 20 years ago this Saturday; WHEREAS, terrorists hijacked four planes that morning, with one striking the Pentagon, another crashing in a Pennsylvania field, and two hitting the World Trade Center in New York City; WHEREAS, nearly 3,000 people died as a result of those attacks, while the lives of untold others changed forever including those who lost loved ones, coped with fear and worry, and were spurred to enlist in the U.S. military; WHEREAS, those in Georgia and Milton specifically were among those impacted, with some having direct ties to victims and those involved in the Ground Zero recovery effort while many more were indirectly shaken; WHEREAS, the lessons of 9-11 hit home particularly for Milton firefighters and police officers, reminding all of the type of dangerous, heroic acts they may be called upon to do on any given shift; and WHEREAS, in Milton, we vow to never forget September 11 – its devastating impact on our country, as well as how people rallied together afterward; and Now, therefore, we – the Mayor and City Council of the City of Milton – formally remember and recognize the 20th anniversary of the September 11 terrorist attacks this coming Saturday. Given under our hand and seal of the City of Milton, Georgia on this 8th day of September 2021. Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverage Licenses) and Appendix A of the Milton Code of Ordinance to Update and Clarify Requirements for the Craft Beer and/or Wine Market License. MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on September 1, 2021 for the September 8, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverage Licenses) and Appendix A of the Milton Code of Ordinances to Update and Clarify Requirements for the Craft Beer and/or Wine Market License _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton has been approached with new business concepts that are currently restricted under Chapter 4, Alcoholic Beverages, of the Milton Code of Ordinances. After discussion with City Council, at the regularly scheduled work session, on August 9, 2021, staff was directed to reach out to the City’s business community to gather feedback on potential revisions to the ordinance. The primary request the City has received is for consumption on-premises of beer and/or wine in establishments that do not quality as eating establishments, limited food service restaurants, or under the other limited consumption on-premises licenses the City offers. After reaching out to the business community to survey for potential impacts, staff feels that the enclosed ordinance revisions to the craft beer and/or wine market license will address the concepts the City is receiving, and limit any potential negative impacts to other businesses, while keeping with Milton’s desire to restrict bars within the City. Furthermore, it will clearly define the term ‘primary purpose’ and update the fees associated with the license type to be 40% of the standard consumption on-premises licenses for beer and wine. The substantial changes made in the redlined document enclosed include the following (other redline changes are related to uniformity and removal of any contradictory language in other sections of the code): Sec. 4-91. - Craft beer and/or wine market license. A craft beer and/or wine market license is available to a qualified establishment in conjunction with application and payment of appropriate fees to allow sales by the package and for consumption on-premises of craft beer and/or wine. Such license is available to an otherwise qualified establishment under the following conditions: (a) The establishment shall offer a minimum of 50 different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requirements as set forth in this chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on-premises license as well as an off- premises beer and/or wine package license. (c) The primary purpose of the establishment must be one of the following: (1) the package sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wines for consumption off-premises in conjunction with sales with the sale of prepared food and/or groceries. The establishment shall: (1) Have an interior floor space of which 60 percent or more is devoted to retail sales of craft beers and/or wine for consumption off-premises, food preparation, or grocery sales including storage, shelving, and displays; and (2) Maintain 60 percent of gross sales derived from retail package craft beer and/or wine for off-premises consumption, prepared food and meals, groceries, or any combination thereof. (d) Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). Although a craft beer and/or wine market is required to apply for a growler/crowler license in order to sell growlers or crowlers, the license fees for any such growler/crowler license will be waived for such establishments. (e) Craft beer and/or wine markets shall be permitted in areas currently zoned to allow for both on-premises and off-premises consumption and shall meet all distance requirements for both types of licenses. (f) Craft beers and wine consumed on the premises of a craft beer and/or wine market shall only be opened by the licensee or an employee of the craft beer and/or wine market. Craft beers and wine to be consumed on-premises shall not include growlers or crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this chapter. (h) The sale of food is expressly permitted in a craft beer and/or wine market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. See Sec. 4-125 for hours related to retail package sales for consumption off-premises. (j)The craft beer and/or wine market license is a supplement to, and not a substitute for, the off-premises sales license and on-premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. (k) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. Related definitions for reference (red lined items do not currently exist in the ordinance and would also need to be updated): Craft beer means a beer brewed by an independent brewer with annual production not exceeding 6,000,000 barrels. Craft beer and/or wine market means a retail establishment whose primary purpose must be one of the following: (1) is the sale of craft beers and/or wine for consumption off-premises, or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries. Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). See section 4-91 for additional requirements. Groceries means saleable food products including meats, dairy, vegetables, fruit, dry goods, and non-alcoholic beverages. Funding and Fiscal Impact: There will be potential for an increase in annual license fees as the update will broaden the definition to include additional qualifying establishments. Alternatives: Leave the qualification for the license as is/do not broaden to include the sales of prepared meals and/or groceries. If this is Council’s direction, staff still recommends including clarification to the term ‘primary purpose’ as 60% of floor space and sales as outlined above. Legal Review: Molly Esswein, Jarrard & Davis – September 1, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Chapter 4 – Redlined Copy Appendix A – Redlined Copy PART II - CODE OF ORDINANCES Chapter 4 ALCOHOLIC BEVERAGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:22:49 [EST] (Supp. No. 39) Page 1 of 71 Chapter 4 ALCOHOLIC BEVERAGES1 ARTICLE I. IN GENERAL Sec. 4-1. Purposes. (a) Purposes. This chapter is adopted as part of a comprehensive plan designed for the purposes, among others, of: (1) Promoting the health and general welfare of the community; (2) Establishing reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages; (3) Protecting and preserving schools and churches; and (4) Giving effect to land use and preserving certain residential areas, with reasonab le consideration being given to, among other factors, the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and the promotion of desirable living conditions and sustained stability of neighborhoods and property values. (b) Because the purposes of this chapter are not advanced when alcoholic beverages are provided to the general public under an appearance that such alcoholic beverages are not being sold but are being given away as part of a business operation or other activity, any person providing alcoholic beverages to the general public, whether for sale or otherwise, must be licensed by the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 1Editor's note(s)—Ord. No. 20-12-462 , § 1(Exh. A), adopted Dec. 21, 2020, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4 -1—4-4, 4-10—4-16, 4- 20—4-25, 4-30—4-35, 4-40—4-43, 4-50—4-52, 4-60—4-64, 4-70, 4-71, 4-75—4-85, 4-90—4-94, 4-100—4- 102, 4-105—4-113, 4-120—4-122, 4-130—4-138, 4-140—4-143, 4-150—4-153, 4-160—4-166, 4-170—4-174, 4-180—4-182, pertained to similar subject matter, and derived from Ord. No. 20-07-438 , § 1, adopted July 20, 2020; Ord. No. 20-09-453 , § 1, adopted Sept. 21, 2020; and Ord. No. 20-10-455 , § 1, adopted Oct. 5, 2020. See the Code Comparative Table for complete derivation. State law reference(s)—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; Georgia Alcoholic Beverage Code, O.C.G.A. § 3 -1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3 -5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3-6-40; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 2 of 71 Sec. 4-2. Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3 - 1-1 et seq., as amended) or the Georgia Department of Revenue Regulations (Ga. Comp. R. & Reg. § 560-2-1 et seq, as amended). Any terms used in this chapter not specifically defined herein shall be defined as set forth by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms, as amended, shall govern. (b) As used in this chapter, the singular and the plural shall each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this chapter the term "may" is permissive and the term "shall" is mandatory. (d) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult entertainment and adult entertainment establishment shall have the same meanings as set forth in section 64-1. adult entertainment establishments are prohibited from holding an alcoholic beverage license in the city. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic consumable means any product intended for human consumption that contains any measurable amount of alcohol as defined in this section, regardless of whether such consumable is in liquid or solid form. Alcohol consumables will be regulated by the city and shall be deemed to be included in any reference to any type of alcoholic beverage. Alcoholic beverage means and includes all alcohol, beer, wine, or liquor intended for human consumption. Any reference to alcoholic beverage in this chapter shall be deemed to include alcoholic consumables, regardless of whether such consumables are in liquid or solid form. Alcoholic beverage caterer means any standard on-premises consumption retailer properly licensed to provide alcohol for consumption at private functions on private property, at special events, or at special events facilities. Ancillary tasting license means a license that is available to the holder of a retail package license and allows for on-premises tastings under limited conditions as provided for in this chapter. Applicant means the person, partner, firm, or corporation, as owner, or other entity (indi vidually or collectively) making the application for the alcohol license, whether compensated or not. The term "applicant" shall include a licensee agent. Assembly hall or events facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment, including but not limited, to trade shows and other similar activities, as well as some social events such as receptions, meetings, banquets, conventions, parties, catered events or similar gatherings. The facility must be available to public or private groups of persons for monetary consideration on a rental, fee, percentage or similar basis; be used primarily for special occasions including but not limited to, the events mentioned in this definition; be open to or attended by invited or selected guests or paying patrons; and the premises shall contain a minimum occupancy load of 200 persons for each show, event, reception or activity as permitted by the fire marshall. Establishments that operate as an "assembly hall" or "events facility" Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 3 of 71 shall not provide adult entertainment, either regularly or occasionally; nor shall any such establishment operate as a bar or nightclub. Bar means an establishment whose primary business is the provision of al coholic beverages and not the consumption of food. A place that derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and does not meet the definition of any other establishment qualified to hold a license under this chapter will be presumed to be a bar. Bars are specifically prohibited in the city. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from including the word "bar" in its name, provided that the name must also be indicative of food service, such as "Joe's Sports Bar & Grille". Barrel, with respect to a brewery, means a vessel that is used to age, condition, and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol and Tobacco Tax and Trade Bureau ("TTB"). Barrel, with respect to a distillery, means a vessel that is used to age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons. Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. The term "beer" is used interchangeably throughout this chapter with "malt beverage," and any reference to beer or malt beverage shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic beverages. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or liquor are licensed to be sold for consumption on-premises and in which beer is manufactured or brewed, subject to the barrel production limitation prescribed in state law for retail consumption in and on premises. Bring your own beverage (BYOB) license means a license issued for any place of business open to the public or any private club that allows guests, patrons or members to bring their own beer and/or wine onto the premises for the guests' consumption. Building code means and includes all building, plumbing and electrical codes and any similar technical code of the city. Building official means the building official of the city as such position presently exists, or by whatever name the position may be designated in the future. The term building official will also be deemed to include any designee of the building official. Chief of police means the chief of police of the city as such position presently exists, or by whatever name the position may be designated in the future. The term chief of police will also be deemed to include any designee of the chief of police. City means the City of Milton, and when used in a geographical sense, means the territorial limits of the City of Milton. City food market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or related games of chance or beer by the keg; (b) does not provide for the on-premises use of coin operated amusements; (c) at all times that it is open to the public, maintains an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and beverages, Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 4 of 71 with a minimum cumulative cost of goods sold of such food products of at least $125,000.00; (d) has an interior floor area of at least 4,500 square feet and not more than 20,000 square fe et, of which more than 50 percent of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than four individuals who work at least 35 hours per week on the premises, and (f) derives less than 2 0 percent of its gross receipts from the sale of beer and/or wine. City manager means the city manager as such position presently exists, or by whatever name the position may be designated in the future. The term city manager will also be deemed to include any designee of the city manager. College means only those state, county, city, church, or other higher education institutions that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of the State of Georgia First Offender Act. County means Fulton County, Georgia, and, when used in a geographical sense, means the territorial limits of Fulton County, Georgia. Courtyard market means a commercial or retail center consisting of one or more structures on one or more contiguous tracts or parcels of land, having a minimum of at least ten acres and at least 400,000 square feet of structures and having a minimum of 40,000 square feet of retail uses and n ot less than 45,000 square feet of outdoor areas used for public and private events, entertainment, farmer's markets, exhibitions, performances, shows, events, concerts and community events occurring on plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and sidewalks that are in the dominion and physical control of the owner of the courtyard market, the owner's agent, or the owner's lessee. No adult entertainment shall be permitted in a courtyard market. Craft beer means a beer brewed by an independent brewer with annual production not exceeding 6,000,000 barrels. Craft beer and/or wine market means a retail establishment whose primary purpose must be one of the following: (1) is the sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries . Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). See Sec. 4-91 for additional requirements. Distance means the distance requirements, as prescribed by state law, for the sale of alcoholic beverages and the manner in which distances are measured. Distilled spirits, liquor, or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume, including, but not limited to, all fortified wines. Any reference to distilled spirits, liquor, or spirituous liquor shall be deemed to include alcoholic consumables that contain distilled spirits or spirituous liquor. The terms distilled spirits, liquor, or spirituous liquor, when used in this chapter, shall all carry the same meaning. Distiller means a manufacturer of distilled spirits. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 5 of 71 Domestic wine means any and all wines produced by a farm winery within this state. Throughout this chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating establishment shall have the same meaning as set forth by state law (O.C.G.A. § 3 -3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Entertainment or live entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Events facility shall have the same meaning as "assembly hall" or "rural or agricultural event facility" as set forth in section 64-1. Any establishment licensed as an events facility shall not provide adult entertainment either regularly or occasionally; nor shall any such establishment operate as a bar or nightclu b. Farm winery or Georgia Farm Winery shall have the same meaning as set forth by state law. Provided that a license is issued as required by the state and under this chapter, a farm winery licensed by the city is authorized to sell Georgia wine at its premises by the package or for consumption on-premises as authorized by Georgia law. Fire marshall means the fire marshall of the city, as such position presently exists, or by whatever name the position may be designated in the future. The term fire marsha ll will also be deemed to include any designee of the fire marshall. Fixed salary means the amount of compensation paid to any member, officer, agent, or employee of a bona fide private club as may be fixed by its members out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered as profits from the sale of alc oholic beverages. Food caterer means any person that prepares food for consumption off the food caterer's premises. Food hall means a retail area that contains more than two food hall cafes, where a minimum of 65 percent of the area is dedicated to food hall cafes that provide prepared meals for consumption on the premises during the entire time that alcohol is sold and that share a common area with at least 40 seats at tables for the food hall café patrons collectively within a building, courtyard, or other contiguous space. Food hall café means a food and/or beverage vendor located within a food hall. A food hall café licensed under this chapter for on-premises consumption of alcohol may enter into an agreement with one or more food vendors within the same food hall to satisfy the requirements of meal service and the alcohol/food sales ratio required to be deemed an eating establishment. However, any food sales utilized by one establishment to meet the ratio cannot be used by another establishment for th e same purpose. In order to qualify, any utilized food vendors must be (a) located in the same food hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open, and prepared to se rve food every hour that alcoholic beverages are offered for sale from any portion of the premises. Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Any reference to fortified wine in this chapter shall be deemed to include alcoholic consumables that contain fortified wine. For purposes of re gulations contained in this chapter, fortified wine shall be deemed a distilled spirit. Free-standing vendor means any person that is permitted to sell alcoholic beverages from a cart, kiosk, or temporary structure for retail sales within an open container area or at a licensed special event. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 6 of 71 Full-service kitchen means a kitchen that consists of a commercial sink, a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals, and a refrigerator. S aid kitchen must be approved by the county health department and city fire marshal l. Golf course means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. The term "golf course" does not include miniature golf. Groceries or grocery means saleable food products including meats, dairy, vegetables, fruit, dry goods, and non-alcoholic beverages. Growler or crowler means a glass, ceramic, or metal container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with craft beer from a keg and securely sealed for off -premises consumption. Growler/crowler shop means a retail establishment that only sells craft beer or wine or wine-based beverages in growlers or crowlers for off-premises consumption and no other alcoholic beverages. Establishments licensed as growler/crowler shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/crowler shops shall be no larger than 2,500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, growler/crowler shops are eligible to apply for an ancillary tasting license. Hard cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent of alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this chapter, hard cider shall be deemed a beer. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Incidental service license means an on-premises alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an incidental service license is limited to wine and beer; and is prohibited from allowing any individual to consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent of gross receipts (gross receipts shall have the same meaning as provided in chapter 12). Interest means any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power, or authority of control. License means the authorization by the governing authority of the city to engage in the sale, consumption, or provision of alcoholic beverages as provided in this chapter. Where required by context, the word "license" includes a permit issued for a specific event or activity. Licensee means a person, real or artificial, to whom a license is issued or, in the case of a partnership or corporation, the term includes both the partnership or the corporation and the individual designated by such legal entity to serve as its license representative. Licensee agent means an individual person designated by a partnership or corporation to act as its representative/applicant and on its behalf on all matters related to the alcohol license. A licensee agent must have sufficient involvement with the partnership or corporation to have supervisory authority over the day -to-day operations of the licensed premises. For the purposes of this chapter, any reference to the term applicant or licensee also includes the licensee agent. Limited food service restaurant means any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A limited food service restaurant must derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 7 of 71 Limited tap license means an on-premises alcoholic beverage license for an establishment that does not sell food prepared on the premises and that provides a limited selection of craft beers on tap for consumption on premises only. An establishment with a limited tap license is limited to having five or fewer beer taps. Establishments with a limited tap license must limit consumption for any individual to a maximum of 48 ounces within a calendar day and must obtain approval from the fire marshal l and building official in accordance with applicable codes. Liter means the metric measurement currently used by the United States. Liquor. For purposes of this chapter, the term liquor may be used interchangeably with the terms distilled spirits and spirituous liquor and will be deemed to have the same meaning. Live entertainment or entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Major shareholder means a person that owns or controls a 20 percent or more interest in a business establishment. Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer and malt beverages but which typically has more than 14 percent of alcohol by volume. The term malt beverage is used interchangeably with beer. Throughout this chapter, any reference to malt beverage shall be deemed to include beer and/or alcoholic consumables that contain malt beverages. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1) In the case of distilled spirits or liquor, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits or liquor; but will be con sidered a vintner; (2) In the case of beer, any brewer; and (3) In the case of wine, any vintner. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbre weries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under this chapter will be presumed to be a nightclub. Nightclubs are prohibited in the ci ty. Nonprofit civic organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 8 of 71 Off-premises beer/wine retailer or store means any person that sells or provides beer and/or wine to the public in unbroken packages or in growlers or crowlers, not for consumption on -premises and not for resale. Off-premises distilled spirits retailer or store means any person that sells or provides to the public distilled spirits in unbroken packages, not for consumption on-premises and not for resale. On-premises consumption retailer means any person that sells or provides to the public alcoholic beverages for consumption on-premises, only to consumers and not for resale. Open container area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Unless otherwise provided, open container areas are restricted to the city's special districts and allow for limited outside consumption of alcoholic beverages. Outdoor dining area means an outdoor dining space in which an on-premises licensee serves food and beverages as part of the operation of the licensed premises. Except as otherwise provided, the outdoor dining area must be located immediately adjacent to the licensed premises. An outdoor dining area may include a patio, city approved sidewalk seating, or a designated dining area within the exclusive cont rol of the licensee, and may be separated from the licensee's premises, if at all, only by a sidewalk. No part of an outdoor dining area shall be located within any public right-of-way without permission of the city. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowler and sold at retail to the final consumer and not for resale. Park means any public lands owned, controlled, or operated by the city, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting as a unit, body politic, or political subdivisi on, whether public, private or quasi-public. Police department means the chief of police and any police officers. Premises means the definite, closed, or partitioned-in location (whether room, shop, or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this chapter and in accordance with state law. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such licensee. Private club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: (1) Has been in existence for at least one year prior to the filing of the application for a license pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires, or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent means a natural person age 21 years or older and residing in Fulton County, or any county that borders Fulton County, who is designated by a licensed establishment to receive service of process on its Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 9 of 71 behalf. Notice or demand required or permitted by law or under this chapter may be served upon the licensee, registered agent, or owner. Restaurant means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are actually and regularly served to patrons, without sleeping accommodations, including a cafeteria, with such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations, and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. In order to be considered a "full service" restaurant, the business must also meet the requirements of an eating establishment. School, school building, or educational building for the purposes of determining distance requirements for the sale of alcoholic beverages shall mean a state, county, city, or church school building, or such buildings at such school in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Seller/server permit means an authorization granted to an individual by the city to cork, dispense, sell, serve, take orders, and/or mix alcoholic beverages in the city. Service area means the portion of an indoor recreational establishment located within the same building or structure and adjacent to an eating establishment, private club, or restaurant. To the extent that such eating establishment, private club, or restaurant holds an on-premises consumption alcoholic beverage license, the consumption of alcoholic beverages within the service area is permitted. Shopping center means a collection of multiple commercial establishments planned and developed as a unit for which common parking facilities are provided on the site. A shopping center shall also include a mall or strip center. Special district has the same meaning as provided in section 4-211 of this chapter. Special event has the same meaning as provided in section 64-1. Special event alcohol permit means an alcoholic beverage permit issued for a specific location for a limited amount of time and a limited number of days. Specialty gift shop means any retail shop that deals in the sale of foods, specialty foods and gifts that deriv es not more than 15 percent of its gross sales from the sale of packaged gift baskets containing non -alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of beer and/or wine. To qualify for an off-premises alcohol license, a specialty shop must have an interior floor area of not more than 5,000 square feet (inclusive of storage), of which more than 60 percent of interior floor area is devoted to the display for sale of non-alcoholic beverages. A specialty gift shop may not offer check cashing services; maintain a drive-thru window; or maintain on the premises for sale any of the following: liquor, beers containing more than six percent alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. Spirituous liquor. For purposes of this chapter, the term spirituous liquor may be used interchangeably with the terms distilled spirits and liquor and will be deemed to have the same meaning. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an on-premises consumption retailer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, that the two-year operational requirement shall not apply to golf courses or golf Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 10 of 71 club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter and shall not be permitted to serve alcoholic beverages at any time. 3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon on-premises consumption retailers. Standard on-premises consumption retailer means any licensee holding a beer/wine/liquor COPconsumption on-premises license or a beer/wine COPconsumption on-premises license. Tasting room means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on -premises and for sale in closed packages for consumption off-premises. Samples of wine may be given complimentary or for a fee. Tax means the tax imposed by the city upon any dealer in alcoholic beverages for each calendar month of the year. Temporary alcoholic beverage license means a license provided to an applicant that applies for an alcoholic beverage license, complies with the requirements set forth in this chapter, and who, in the city manager's discretion, appears to meet the criteria for receiving a license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this chapter. Wholesaler or wholesale dealer means any person that sells alcoholic beverages to other wholesale dealers, off-premises retail dealers, or on-premises consumption retailers. Wine or vinous beverage means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, grapes, or honey either by natural fermentation or by natural fermentation with brandy added. These terms include, but are not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, other like products, and sake, which is an alcoholic beverage often manufactured through a process similar to that of beer but produced from rice and often containing greater than 14 percent alcohol by volume. These terms do not i nclude cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. Throughout thi s chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Wine market shall have the same definition as set forth in the definition for craft beer and/or wine market. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-3. Jurisdiction. This chapter shall apply to the corporate limits of the city and outside the city limits in all territories to which the jurisdiction of the city extends. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 11 of 71 Sec. 4-4. Severability. If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-5—4-9. Reserved. ARTICLE II. LICENSING2 DIVISION 1. GENERALLY Sec. 4-10. License is a privilege. (a) Granted by city council. Alcoholic beverages may be sold, provided or consumed to or by the public in the city under a license or permit granted by the city council or its designee upon the terms and conditions provided in this chapter. (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and condition s imposed by this Code and state law. (c) Compliance with local, state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to display the license prominently at all times on the premises for which the license is issued and abide by all applicable local, state, and federal regulations and laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-11. License requirement; prohibitions for non-licensed premises. (a) The manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted without a permit or license issued by the city. 2State law reference(s)—Powers of local governing authorities as to granting, refusing, suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license, O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3- 3-21; O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3 -4-48; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; restrictions on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40; local licensing requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq.; false swearing, O.C.G.A. § 16-10-71. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 12 of 71 (b) It shall be prohibited for any person that performs or undertakes any type of operation o r activity for which an occupation tax certificate is required to keep, possess, store, sell (at wholesale or retail), to provide to others, or to allow alcoholic beverages or consumables on the premises without appropriate, valid and current state and local licenses for such alcoholic beverages and/or consumables. This prohibition shall apply without regard to whether the alcoholic beverages or consumables are intended to be provided free of charge, as a part of any promotion by the owner of the premises o r operator of the business, to be given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or intended to be given as bonuses or inducements offered in connection with employment or the purchase of goods and/or services. (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appearance that such alcoholic beverages or consumables are not being sold but are being given away. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be r edeemed or exchanged for alcoholic beverages or consumables is considered a "retail sale" of alcohol under this chapter and requires an alcoholic beverage license. (d) Any owner or tenant of a location or business, as well as any individual employed by su ch owner, tenant or business who is present at the time when alcoholic beverages or consumables are being provided by a non - licensed premises or location as described in this section, may be charged with violating the provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-12. Unlicensed sales or deliveries prohibited. (a) It shall be prohibited for any licensee under this chapter to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license except as allowed by state law (O.C.G.A. § 3-3-10). Pursuant to O.C.G.A. § 3-3-10, any city-issued license that allows a retailer to sell alcoholic beverages in unbroken packages for consumption off the premises shall include the right to deliver malt beverages, wine, or liquor in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale, to the limited extent permitted by the provisions of O.C.G.A. § 3 -3-10. Any violation of this provision may be enforced as an ordinance violation under this chapter, subject to the restrictions in O.C.G.A. § 3-3-10(h)(2). (b) It shall be prohibited for any licensee under this chapter to allow the sale or delivery of any alcoholic beverage by the drink to any area other than the premises covered by the license. (c) It shall be prohibited for unlicensed individuals to sell alcoholic beverages. (d) Sales by the package by anyone other than a holder of a retail package license are allowed only during special and temporary events approved pursuant to this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-13. Display of license required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 13 of 71 Sec. 4-14. Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working at the licensed premises with respect to the relevant terms of this chapter. Each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-15. Joint responsibility. Each partnership, corporation or entity shall be jointly responsible for the actions of its named licensee, its employees while acting in the scope of their employment, and the conduct of the licensed business. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-16. Effect on licenses held at time of adoption. All licensees holding a valid license for the manufacture, sale or provision of alcoholic beverages issued by the city at the time of the enactment of the ordinance from which this chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this chapter for the year of issuance. The licensees shall, however, meet all other requirements as to regulation and control as set forth in this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-17—4-19. Reserved. DIVISION 2. QUALIFICATIONS Sec. 4-20. Locations where permitted/prohibited. (a) No alcoholic beverages or consumables may be kept, possessed, stored, sold, provided, consumed, or allowed on the premises of an establishment licensed to conduct business in the city except at establishments holding an alcoholic beverage license under this chapter. (b) No person, entity or organization may provide alcoholic beverages or consumables to the general public, whether for sale or otherwise, without first obtaining an alcoholic beverage license under this chapter. (c) No license for alcoholic beverages shall be issued within the city for any establishment, event or location at which patrons are handling deadly weapons, including but not limited to, guns, knives, axes or arrows as a part of the business or event for which a permit is sought. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-21. Architectural and zoning standards. All premises for which an alcoholic beverage license is sought or has been issued shall comply with all state and/or city ordinance requirements regarding architectural and zoning standards. Failure to comply with said Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 14 of 71 standards will subject the license to non-issuance, suspension or revocation. The city shall not be held responsible for licenses that are erroneously issued where architectural and zoning standards were not satisfied, and any fees paid by the licensee will be forfeited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-22. Distance requirements. (a) No person knowingly and intentionally may sell or offer to sell: (1) Any liquor by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus. (2) Any beer or wine by the package within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of beer or wine was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only beer or wine for consumption off-premises from selling beer or wine within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or city. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the county or city. (3) Any beer, wine, or liquor by the package within 100 yards of an alcoholic treatment center owned and operated by this state or any county or city government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other scho ols in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined under state law. (b) Nothing contained in this section shall prohibit the licensing of the sale or distribution of alcoholic beverages for on-premises consumption by: (1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981; (2) Bona fide private clubs, subject to licensing under this chapter; and (3) Licensees for the retail sale of alcoholic beverages for consumption on-premises only. (c) For purposes of this section, distances shall be measured by the most direct route of travel on the ground. (d) As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law." (e) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 15 of 71 (f) Distance requirements for the sale of alcoholic beverages, and the manner in which distances sha ll be measured, shall be governed by state law. (g) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under a n existing license. (h) New church or schools or other restricted use. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any alcoholic beverage license, the subsequent opening and operation of a church or school or other restricted use facility within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-23. Applicant standards. (a) No license for alcoholic beverages issued pursuant to this chapter shall be granted to any person who is not: (1) At least 21 years of age; and (2) A United States citizen, legal permanent resident of the United States; or a qualified alien or non - immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers, and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its designated applicant or licensee agent under the provisions of this chapter. (2) In the case of a partnership, the license shall be issued to the partnership and all the partners owning at least 20 percent of the partnership If no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager that neither such individual nor any person with 20 percent or more ownership in the entity, nor any officer or director of the corporation shall have been convicted of, entered a guilty plea or a plea of nolo contendere, or been released from parole or probation within a period of ten years immediately prior to the filing of such application, for: (1) Moral turpitude; (2) Illegal gambling; (3) Felony possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 16 of 71 (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual's state of residence or a criminal history report from a police department, sheriff's department or the official state crime investigation center in the individual's state of residence. The city manager may also require a criminal history consent form and/or an affidavit of criminal history to be completed and submitted by any individual. (d) It shall be prohibited for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial, or beneficial interest in any license to sell alcoholic beverages in the city. (e) No license for alcoholic beverages issued pursuant to this chapter shall be granted to any person who has had any alcoholic beverage license issued by any jurisdiction within the state revoked within two years prior to the filing of the application. (f) The city manager or city council may decline to issue an alcoholic beverage license when any person having any ownership interest in the operation of such place of business or having control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (g) Corporate or business applicants shall be of good business reputation. (h) An alcoholic beverage license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, where the applicant or the licensee agent does not have sufficient control over the operations of the business to assure compliance with the provisions of this chapter, or where it appears that the application is intended to be a mere surrogate for a person who would not othe rwise qualify for a license for any reason whatsoever. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-24. Effect of prior criminal history; exceptions. (a) An applicant or licensee agent's first-time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant/licensee agent ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall not be considered as to any offense for which a defendant was allowed to avail themselves of this state's first offender provisions, O.C.G.A. § 42-8-60 et seq.; provided, however, that any such offense may be considered where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudica tion of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-25. Pending application for business on prior licensed premises. Where there is a pending application for a new licensee or a change of ownership for a business that is to be located in premises that have been licensed within a year prior to the pending application, the new applicant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 17 of 71 existing licensee for a maximum period of 30 days beyond the sale or transfer of th e licensed premises. However, the 30 days of operation under the management agreement shall be counted as the first month of sales for the purposes of calculating the alcohol license fees that are due. If a violation of this chapter occurs during the 30 da ys that the business is operating under a management agreement pursuant to this section, both the prior licensee and the new applicant can be charged and held liable. Moreover, any such violation may serve as grounds for denial of the new license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-26—4-29. Reserved. DIVISION 3. APPLICATION REQUIREMENTS Sec. 4-30. Application requirements. (a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a BYOB license or any other license or permit provided for in this chapter shall make an application on the form prescribed by the city manager or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant/licensee agent; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the name and residence address of each partner; (4) If a corporation, the names of the officers; (5) The name and address of the registered agent for the service of the process; (6) The name of the manager; (7) The names of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) [Grand opening/annual promotion permits.] For grand opening/annual promotion permits, the detailed requirements of this section will not be applied and the only informatio n required will be the name and address of the business, the name and address of the applicant, and the date, time and location of the event. (d) Financial information. All applicants shall furnish such financial and other information and records as may b e required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (e) Agreements. All agreements between and among any persons or stockholders of corporations or partners of partnerships applying for a license to sell or dispense any alcoholic beverages and which agreements reflect or control ownership, division of profits, sharing of revenues of an y kind, including payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income shall be in writing, and copies of all these agreements shall, upon request, be furnished to the city manager. Created: 2021-08-26 08:22:46 [EST] (Supp. No. 39) Page 18 of 71 (f) Survey. For businesses engaged in package sale of alcohol for off-premises consumption, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to state law and section 4-22 of this chapter to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application, a survey is not required. The city manager has the discretion to waive the survey requirement if it can otherwise be confirmed with clear evidence that there is no school, church, or oth er restricted facility in proximity to the proposed licensed premises. (g) Notary. All applications shall be sworn to by the applicant/licensee agent before a notary public or other officer empowered by law to administer oaths. (h) Consent. Each applicant/licensee agent authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant, as a consideration of the application, further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he or she would otherwise have to preclude the city or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. (i) License fees. The application shall be accompanied by the prerequisite application non-refundable processing fee and license/permit fee(s) as established by the city council. Except for applications for permits, all licenses granted under this chapter shall be for the months remaining in the calendar year after application is made. License fees for new licenses granted shall be based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-31. Separate application for each location and license type required. A separate license application is required for each location of sale and must identify the license category for which application is made. A separate license shall be obtained for each separate location. Locations will be deemed separate if they have different addresses or different entrances with separate trade names. The city may allow an applicant to utilize the same form for multiple alcoholic beverage license types at the same establishment or may require a separate application for the different license types. Under eit her circumstance, the city manager and city council will act upon each license type as a separate application. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, no establishment licensed to sell beer, wine, and/or liquor for consumption on-premises shall hold any license to sell liquor by the package for the same location. However, on-premises consumption retailers may, subject to the provisions of this chapter, also apply for and obtain a beer and/or wine package license, provided that all additional requirements are met and additional fees paid. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 19 of 71 Sec. 4-32. Accurate application required; consequences for false or misleading statements or omissions. An applicant shall provide complete and accurate information in support of an application. Any material omission, false or misleading information contained in or omitted from an original, renewal or transfer application for an alcoholic beverage license under this chapter shall be cause for the denial thereof and, if any license has previously been granted, such circumstances shall constitute cause for revocation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-33. Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter required to be served upon the licensee or owner may be served. This person must be a resident of one of the aforesaid counties. The licensee shall file the name of such designated registered agent, along with the written consent of such individual to serve as the registered agent for the licensee, with the city manager on such form as he or she may prescribe. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-34. Non-refundable processing fees. Each application or renewal for an alcohol license under this chapter shall be accompanied by non - refundable processing fees in an amount to be determined by the city council to defray processing, administrative, and investigative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application, to the extent that such is authorized by the city manager, shall pay only one set of processing fees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-35. Withdrawal by applicant; refund of license fee deposit. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest), less non-refundable processing fees. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. (c) No license shall be renewed for less than a calendar y ear, and if an issued license is revoked or surrendered before the expiration of a calendar year, the licenses shall not be entitled to any refund. (d) Notwithstanding the foregoing provisions, the city council may approve a partial refund of the license fee paid to the city if the licensed business cannot continue to be operated due to any action taken by the city beyond the licensee's control (excluding a suspension, revocation or other disciplinary action). If a refund is approved by the city council, the refund shall be calculated as follows: (1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 20 of 71 (2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. (3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. (4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-36—4-39. Reserved. DIVISION 4. GRANT OR DENIAL OF APPLICATIONS; APPEALS Sec. 4-40. Consideration of applications by chief of police and city manager. (a) Chief of police. Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for investigation. The chief of police or his or her designee shall report the finding s to the city manager. Such findings shall include a recommendation as to the qualifications of the applicant. At the discretion of the city manager or his/her designee, this step may be omitted for grand opening/annual promotion permits. (b) City manager. The city manager shall have the authority to: (1) Request additional written or investigative information from the applicant or city staff deemed necessary to consider an application prior to a decision; (2) Grant an applicant a temporary alcoholic beverage license, conditional licenses or any permit, consistent with the provisions of this chapter; (3) Submit an applicant's completed license application to the city council for hearing, along with a recommendation for approval; (4) Submit an applicant's request for "conditional approval prior to completion of proposed licensed premises", in accordance with section 4-43 of this chapter, to the city council for hearing, along with a recommendation for approval or denial; (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location, or application would not qualify under State law or Georgia Department of Revenue Regulations; or for other due cause; and (6) Receive and submit an applicant's appeal of the city manager's decision to deny the application to the city council for hearing, along with a copy of the city manager's decision; and (7) Receive an applicant's appeal of the police chief's decision to deny an alcohol/server permit under section 4-122(d) and submit such appeal to the city council for hearing, along with a copy of the police chief's decision. (8) With the exception of temporary alcoholic beverage licenses, conditional licenses, and all permits, no application for an original license shall be granted until a public hearing has been held before the city council as scheduled by the city manager or his or her designee. (c) Notice required. The city manager shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 21 of 71 applicant of the right to an appeal before the city council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-41. City council's consideration of applications; appeals. (a) Public hearings. The city council shall hold public hearings to (i) consider license applications and recommendations submitted from the city manager for action, and (ii) consider applicant a ppeals from decisions of the city manager to deny license applications or applicant appeals from decisions of the police chief to deny seller/server permits. Witnesses and evidence shall be presented by the city manager or his or her designee, and the licensee shall be entitled to present evidence and witnesses and cross -examine the city's witnesses. (b) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held. If to the licensee or licensee's agent, service of such notice shall be by personal service on the registered agent by the police department, code enforcement officer, or other city designee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee's employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) [City council actions.] During or following the hearing, the city council may: (1) Request additional written or investigative information from the applicant, city manager, or city staff deemed necessary to consider an application prior to a decision; (2) Consider an application recommended for approval by the city manager and render a final determination approving or denying the application; (3) Hear any appeal from a decision of the city manager to deny an application and render a final determination upholding or overturning the city manager's decision; (4) Consider a recommendation from the city manager to grant or deny "conditional approval prior to completion of proposed licensed premises" consistent with section 4-43 of this chapter and render a final determination. (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location or application would not qualify under state law or Georgia Department of Revenue Regulations; or (6) For other due cause. (d) Notice required. The city council shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial. Service of such notice shall be by personal service on the registered agent by the police department or code enforcement officer or other designee of the city manager. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Appeal. Any decision by the city council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 22 of 71 (f) Reapplication permitted after one year. In all instances in which denial of an application is final under the provisions of this chapter, the applicant may not reapply for a license for the same location for at least one year from the date of such final denial. (g) Return of license fee upon denial. If the application is finally denied, and the applicant did not temporarily operate licensed premises under any provision of this chapter, the license fee, if paid at the time of application, shall be refunded. However, non-refundable processing fees and temporary license fees will not be refunded. If the applicant operated on prior licensed premises under section 4 -25 of this chapter while the application was pending, and the application is denied, the applicant shal l be entitled to a pro rata refund of the license fee, if a license fee was paid at the time of application. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-42. Exercise of discretion. (a) The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect u pon the applicant, the application, and/or the proposed location of the business in light of this chapter. (b) If, after consideration of the evidence, the city council determines that stipulations or conditions should attach to a decision to approve an application, the city council shall provide for such conditions in its action. (c) In addition to all other authority to grant or deny a license, any application for a license may be denied by the city to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the granting of the license or the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumpti on of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-43. Conditional approval prior to completion of proposed licensed premises. If a building intending to operate under this chapter is, at the time of the application for a license, not in existence or not yet completed, a license may be conditionally approved by the city manager or his/her designee for the location, provided the plans for the proposed building clearly show an intention to comply with all local, state, and federal requirements. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with the requirements of this chapter, local ordinances and all state and federal laws and regulations. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-44—4-49. Reserved. DIVISION 5. EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 23 of 71 Sec. 4-50. Annual expiration; renewal requirements. (a) All licenses granted under this chapter shall expire on December 31 of each year. Licensees shall be required to file a renewal application accompanied by the requisite fee with the city manager on the form provided for a renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required forms, reports or other requested data establishing compliance with criminal history requirements of this chapter. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are sub ject to a ten percent late fee, plus interest. (d) Licensees failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license. In such cases, the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Under this situation, the applicant shall be required to pay the ten percent penalty, plus interest, along with other fees associated with a new application. The city shall not be responsible for the consequences of delays in the issuance of any license under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-51. Automatic forfeiture of license for nonuse. (a) All holders of licenses under this chapter must, within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees or other related fees shall be made. A three-month extension to the original six-month period may be granted by the city manager if requested within the said six -month period in compliance with other sections of this chapter. (b) Any licensee under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall automatically forfeit the license without the necessity of any further action. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-52. Transferability of license. No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (a) In the event of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale or on -premises consumption of alcoholic beverages shall be allowed until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 24 of 71 (b) If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license or other license issued under this chapter, in accordance with this chapter, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to any license under this chapter until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (c) Nothing in this section shall prohibit one or more of the partners, members or shareholders holding a license from withdrawing from the partnership, corporation or entity in favor of one or more of the partners, members or shareholders who held an ownership interest at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons wh o held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (d) Except as provided in subsections (a) through (c) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the city manager for a transfer of location. Should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council ordinance. (f) Violation of this section may result in the suspension or revocation of the license being used and/or a fine on the new ownership and the old ownership as provided in this chapter. (g) If a violation of this section results in revocation of the license, no license will be issued to the old o r the new owner in the city for one year from the date of such violation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-53—4-59. Reserved. DIVISION 6. SUSPENSION, REVOCATION, OTHER PENALTIES Sec. 4-60. Suspension or revocation of license or permit; other penalties authorized. (a) The city council shall be authorized to suspend or revoke an alcoholic beverage license or permit or impose other penalties upon the licensee, licensee's employee, or licensee's agent under the conditions set forth in this chapter. However, no revocation, suspension or other penalty shall be imposed without first providing the notice, hearing, and appeal rights as more specifically provided in this chapter. (b) No alcoholic beverage license or permit, after having been issued, shall be suspended or revoked except for due cause. Sufficient grounds, or due cause, for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 25 of 71 (1) The violation of the laws or ordinances regulating the business; (2) The violation of any local, state or federal law; (3) The violation of provisions of this chapter; (4) Any reason which would authorize the city to refuse th e issuance of a license or permit; (5) Where a licensee has failed to open for business within six months after approval of the license; provided however, that prior to the expiration of such period, the city manager may extend the time in which a licensee is required to open for business by up to three months, upon the timely receipt of a written request from a licensee for such an extension; (6) After opening, where a licensee has ceased to operate the business for a period of three consecutive months; (7) Where a licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; (8) Where a licensee or such licensee's employee or agent, has sold or served alcoholic beverages or allowed patrons to bring their own alcohol to the premises during a period of suspension; (9) Where a licensee has provided incomplete, fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; (10) Where a licensee has failed to file necessary reports, failed to cooperate in any matter related to the license, failed to pay any fee, license fee, tax, fine or other amount due to the city under this chapter or any other licensing ordinance of the city, has failed to file a required return or to pay taxes imposed, or has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter; (11) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; (12) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication at the time of service; (13) Where a licensee, or such licensee's employee or agent, has allowed any person to consume alcohol pursuant to a BYOB license when the licensee, licensee's employee or agent knew or should have known that such person was in a state of intoxication; (14) Where a licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishments; (15) Where a licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage chapter or state law; (16) Where a licensee or an individual or person with 20 percent or more ownership in the entity, or any officer or director of the licensee shall have a conviction for any of the following subsequent to issuance of the license: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; keeping a place of prostitution; pandering; pimping; public indecency; prostitution; solicitation of sodomy; or any sexually related crime. (17) In addition to all other authority to suspend or revoke a permit or license, any license may be suspended or revoked to safeguard the health, safety and wel fare of the community. In making such a Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 26 of 71 determination, the city council shall assess the extent to which the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-61. Notice of violations; city manager's authority. (a) Chief of police and finance director. The chief of police and finance director shall notify the city manager of violations by licensees, licensee's employees, or licensee's agents related to enforcement and administration of this chapter that reflect the failure to comply with the requirement s of this chapter or state or federal law. (b) City manager. Upon information known to or received by the city manager that creates a reasonable belief that a licensee, licensee's employee, or licensee's agent has violated law or otherwise failed to compl y with requirements of this chapter, the city manager shall have the responsibility and authority to: (1) Evaluate the severity of the situation and immediately ensure appropriate measures are taken with regard to any health, safety or welfare concerns to address any immediate threat of harm or damage based upon the information received; (2) Authorize any investigation needed on the part of appropriate persons, requesting additional written or investigative information from the licensee, city staff, or other authorities or persons deemed necessary to consider the actions or inactions of the licensee, licensee's employee, or licensee's agent; (3) After providing the licensee, licensee's employee, and/or licensee's agent with notice of violations and the opportunity to respond to the charges, and following the receipt and consideration of any response, the city manager shall determine whether due cause exists to recommend action against the licensee, licensee's employee or licensee's agent, up to and including revocation of the license or permit. (4) Upon a finding of due cause, the city manager shall provide written notice to the licensee, licensee's employee, and/or licensee's agent, as appropriate, setting forth in reasonable detail the facts upon which due cause exists to take action, the nature of the proposed action, and advising of the scheduling of a public hearing before the city council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided, to the named licensee at the licensed premises, and to any person alleged to have committed the violation. Delivery shall be deemed to take place on the third day following deposit in the United States mail. A copy of the notice shall also be provided to the city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-62. Conduct of public hearing by city council. (a) Public hearings. The city council shall hold public hearings to consider recommendations submitted from the city manager for action based on due cause for violations of a licensee, licensee's employee, or licensee's agent, based on due cause as described in of this chapter. Witnesses and evidence shall be presented on behalf of the city by the city manager or his or her designee, and the licensee, licensee's employee, or licensee's agent shall be entitled to present evidence and witnesses and to cross-examine the city's witnesses. (b) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 27 of 71 the charges upon which the hearing before the city council shall be held in accordance with this section. If to the licensee or licensee's agent, service of such notice shall be by personal service on the regist ered agent by the police department, code enforcement officer, or other city designee. If to the licensee's employee, personal service shall be upon the employee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee's employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) [Decision by city council.] Upon hearing the matter, the city council, shall render a decision as to whether due cause exists for action against the licensee, licensee's employee, or licensee's agent. If due cause exists, the city shall determine the appropriate penalty, up to and including suspension and/or revocation of a per mit or license. (d) Appeal. Any decision by the city council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council. (e) Reapplication permitted after one year. In all instances in which a license is revoked, the licensee may not reapply for a license for the same location for at least one year from the date of such final denial. (f) No return of license fee upon revocation. If the license is revoked, the licensee shall not be entitled to the return of all, or any portion of, the license fee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-63. Exercise of discretion; consideration of mitigating factors. (a) Nothing in this section shall be deemed to require suspension or revocation of a license, and each violation should be considered at the discretion of the city council on a case by case basis. The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the location of the business in light of this chapter. (b) Penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (1) Attendance at a responsible alcohol sales and service (RASS) workshop by the licensee and/or managers; (2) Implementation and components of written policies; (3) Evidence that employees have or do not have alcohol seller/server permits; (4) Evidence that the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; (5) Implementation and components of an employee training program; (6) Length of time in business; (7) Whether the ID was requested; (8) The degree to which the licensee has other procedures in place to monitor its alcohol servers/sellers for compliance; (9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any knowing violation of this chapter; and Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 28 of 71 (10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevent illegal alcohol sales or service in the licensed establishment and the community at large. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-64. Consideration of progressive actions; mandatory penalties for sale or service to persons under 21; criminal penalties. (a) If a licensee is found to have violated any provision of this chapter, excluding selling or serving underage persons, the city shall ordinarily give consideration to the following progressive actions: (1) The first alleged violation in a 12-month period shall result in a mandatory hearing before the city council and the issuance of a warning or a license suspension for a period of up to 30 days if the violation is sustained. (2) The second alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and the issuance of a license suspension for a period of up to 60 days if the first and second violations were sustained. (3) The third alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and cause the revocation of the license and the inability of the licensee to obtain a license from the city for a term of up to three year s from the date of revocation if the first, second, and third violations were sustained. (b) If a licensee or employee of such licensee has a conviction (including for purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond) for the violation of O.C.G.A. § 3-3-23 or any section of this chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following minimum penalties shall apply: (1) The first conviction shall result in a mandatory hearing before the city council, a minimum fine of $500.00, and may result in a license suspension for a period of up to 30 days. (2) The second conviction within a consecutive 24-month period shall result in a mandatory hearing before the city council, a minimum fine of $750.00, and a license suspension for a minimum period between seven and 60 days. (3) The third conviction within a consecutive 24-month period shall result in a mandatory hearing before the city council, a minimum fine of $1,000.00, and revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license. (c) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or alcohol seller/server permit for a period exceeding those described in this section if the city council determines in its discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (d) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain, or similar locking mechanism, all refrigeration units containing alcoholic beverages, and remove non -refrigerated alcoholic beverages to an on-premises locked storage area or otherwise secure such beverages so that they are out of view and access of the public. (e) Actions taken by the city council shall be in addition to any criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citation and penalties. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 29 of 71 Criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-65—4-69. Reserved. ARTICLE III. LICENSE TYPES AND SPECIAL PROVISIONS DIVISION 1. LICENSE TYPES Sec. 4-70. Types of licenses and permits. Subject to satisfying the qualifications and requirements contained in this chapter and local, state and federal law, Applicants may apply for the licenses and permits identified in this chapter. (a) Off-premises licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a consumption off-premises license that includes one or more of the following types of retail package categories for off-premises licenses: (1) Retail package beer license. Allows retail sale of beer in the original package, growler or crowler. This license type would be available to the following types of qualified establishments: brewpubs, city food markets, craft beer and/or wine markets, growler/crowler shops, hotels , on-premises consumption licensees that would also like to sell beer by the package, and other general package establishments not specifically prohibited or specifically provided for under this chapter. Package beer license holders may not hold a BYOB license. (2) Retail package wine license. Allows retail sale of wine in the original package. This license type would be available to the following types of qualified establishments: city food markets, craft beer and/or wine markets, hotels, on-premises consumption licensees that would also like to sell wine by the package, and other general package establishments not specifically prohibited or specifically provided for under this chapter. Package wine license holders may not hold a BYOB license. (3) Retail package liquor license. Allows retail sale of liquor in the original package. This category of license shall only be available to be issued to an off-premises liquor retailer, distillery or micro- distillery. On-premises consumption licensees are prohibited from selling or providing liquor in the original package to patrons, except for distilleries and micro -distilleries. (4) Specialty gift shop license. Off-premises retail package license allows for the sale of beer and/or wine by the package for consumption off-premises. This license is available at a reduced rate due to the incidental nature of alcohol sales for this type of business. (b) On-premises licenses. Applicants that satisfy the applicable zoning requirements may apply for a consumption on-premises (COP) license that includes one or more of the following types of retail consumption categories of on-premises licenses: (1) Standard COPconsumption on-premises licenses. a. Beer/wine/liquor COPconsumption on-premises license. Allows retail sale of beer, wine, and liquor for consumption on-premises. This license type would be available to the following types of qualified establishments that meet the criteria above: assembly halls, city food Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 30 of 71 markets, eating establishments, events facilities, food hall cafes, free -standing vendors, golf courses, hotels, limited food service restaurants, restaurants, private clubs, sports clubs, and other establishments not prohibited under this chapter. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a limited food service restaurant license. b. Beer and/or wine COPconsumption on-premises license. This license type would be available to the following types of qualified establishments that meet the criteria above: assembly halls, city food markets, eating establishments, events facilities, food hall cafes, free-standing vendors, golf courses, hotels, restaurants, private clubs, sports clubs, and other establishments not prohibited under this chapter. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a limited food service restaurant license.; or (iii) also obtain a craft beer and/or wine market license. (2) Limited COPconsumption on-premises licenses. Allows limited sales and/or consumption of alcoholic beverages on premises for those not otherwise in possession of one of the two on - premises licenses listed above. These licenses are: a. BYOB license. Allows an establishment to permit patrons to bring into the establishment unopened beer and/or wine for consumption on-premises. b. Incidental service license. Allows an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage to have beer/wine service and consumption. c. Limited tap license. Allows an establishment to sell a limited selection of craft beers on tap for consumption on premises. d. Courtyard market license. Allows a commercial or retail center to hold events or have free- standing vendors sell or serve alcohol within a designated courtyard area. e. Special events facility license. Allows an establishment to have staff or contractors (other than alcoholic beverage caterers) serve alcohol at special events. (c) Manufacturer licenses. The following licenses allow the manufacture of alcohol for consumption. Such licenses are not required for private production for private use and consumption of beer under O.C.G.A. § 3-5-4 or wine as permitted under O.C.G.A. § 3-6-3, and as otherwise expressly permitted by state law: (1) Manufacturer's license—Breweries and distilleries. The fees for such licenses will be set from time to time by the city council. (2) Manufacturer's license—Micro-breweries and micro-distilleries. The fees for such licenses will be set from time to time by the city council. (d) Hybrid manufacture—Sale licenses. The following licenses permit both manufacture and sale of alcohol at a facility, replacing the need for separate off-premises, on-premises and manufacturer licenses. (1) Brewpub license. Hybrid license allows an eating establishment that satisfies the definition and requirements of a brewpub to manufacture beer as well as sell beer by the drink for consumption on-premises and by the package for consumption off-premises. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 31 of 71 (2) Farm winery license. Hybrid license allows an establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell wine at its premises by the package or for consumption on-premises as authorized by Georgia law. (e) Add-on services and specialty licenses. Applicants that are otherwise licensed under an off-premises, on-premises, manufacturer, or hybrid license may apply for the following supplemental licenses to provide additional services or specialty sales: (1) Sunday sales license. Separate alcoholic beverage license and payment of appropriate fees required for the Sunday sale of alcoholic beverages for consumption on-premises or by the package for off-premises consumption (to the extent allowed by state law). Farm wineries, distillers, and brewers are not required to obtain a separate Sunday sales license to provide alcohol on Sundays as long as they are operating in compliance with applicable local and state laws regarding the sale of alcoholic beverages. (2) Alcoholic beverage catering license. Allows a licensed on-premises consumption retailer or licensed off-premises package retailer qualified under state law to deliver and serve alcohol at locations other than its licensed facility. This license does not eliminate the need for the alcoholic beverage caterer to obtain a catered events permit for each such catered event. (3) BYOB license (existing on-premises licensee). Allows holders of an on-premises license to permit a patron to bring into the establishment unopened beer and/or wine for consumpt ion on- premises. (4) Limited food service restaurant. Allows the holder of an on-premises license to operate a restaurant with alcohol sales for consumption on-premises while not meeting the requirements of an eating establishment. (5) Restaurant package sale license. Allows holders of an on-premises license that qualifies as a restaurant to sell packaged beer and wine without the need for a separate off-premises license. (6) Craft beer and/or wine market. Allows certain holders of an off-premises license and an on- premises license to sell alcohol at a craft beer/wine market for consumption on-premises. (7) Growler/crowler license. Allows holders of an off-premises license to sell alcohol in growler/crowler packaging. (8) Ancillary tasting license. Allows holders of an off-premises license to offer the public, at no charge, small quantities of alcohol for on-premises consumption. (f) Summary of license types. (1) The following chart lists the license types and prerequisite underlying licenses: License Category License Name Prerequisite License Off-premises package sales Package beer None Off-premises package sales Package wine None Off-premises package sales Package liquor None Off-premises package sales Specialty gift shop None On-premises consumption (standard) Beer/wine/liquor None if an eating establishment; otherwise this must be paired with a limited food service license. On-premises consumption (standard) Beer/wine None if an eating establishment; otherwise this must be paired with a limited food service license. or craft beer and/or wine market license. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 32 of 71 On-premises consumption (limited) BYOB None On-premises consumption (limited) Incidental service None On-premises consumption (limited) Limited tap None On-premises consumption (limited) Courtyard market None On-premises consumption (limited) Special events facility None Manufacturing Brewery or distillery None Manufacturing Micro-brewery or micro- distillery None Hybrid Brewpub None Hybrid Farm winery None Add-on Sunday sales Off-premises package sales, on- premises consumption (standard), on-premises consumption (limited), or hybrid Add-on Catering Off-premises package sales or on- premises consumption (standard) Add-on BYOB On-premises consumption (standard) or on-premises consumption (limited) Add-on Limited food service license On-premises consumption (standard) Add-on Restaurant package Sales On-premises consumption (standard) Add-on Craft beer and/or wine market Off-premises package sales and either on-premises consumption (standard) or on-premises consumption (limited) Add-on Growler/crowler Off-premises package sales Add-on Ancillary tasting Off-premises package sales, manufacturing or hybrid licenses (2) The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-71. Temporary alcoholic beverage license. Temporary alcoholic beverage licenses may be issued for a limited duration to an applicant whose application for a license appears on its face to meet all of the requirements of this chapter and the zoning ordinance. This license may be suspended or revoked if it is determined that the application or the applicant does not meet the city's requirements to hold an alcohol license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 33 of 71 Sec. 4-72. One-time permits. Permits for service of alcohol may be issued for specific events of limited duration to applicants who lack a license allowing the sales, consumption, or service intended at the specific event. Permit fees and requirements may be waived by the city manager or his or her designee when such permits are for a city sponsored event, so long as the applicant shows proof of current alcohol licenses and pouring/server permits. The following permits may be issued: (a) Special event permit. (1) Existing on-premises licensee. (2) Non-licensee. (b) Grand opening/annual promotion permit. (c) Public facilities event alcohol permit. (d) Catered event permit. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-73—4-74. Reserved. DIVISION 2. SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES Sec. 4-75. Reserved. Sec. 4-76. License prohibited for liquor package sales in connection with certain establishments. No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premises consumption. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-77. Limited sales or consumption on-premises licenses. Certain establishments that do not possess a beer/wine/liquor COPconsumption on-premises license or a beer/wine COPconsumption on-premises license may be qualified to obtain licenses that allow for limited service or sale of certain alcoholic beverages for on-premises consumption as follows: (a) "Bring your own beverage" (BYOB) license (no pre-existing on-premises license). A "bring your own beverage" license is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premises consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this chapter, a BYOB license may be issued and maintained at an approved establishment only under the following conditions. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 34 of 71 (1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until one hour before close. Sunday from 12:30 p.m. until one hour befor e close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (2) Off-premises retailers who do not also hold an on-premises consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. (3) Establishments that also hold an on-premises consumption license shall pay the same BYOB license fee as other BYOB establishments but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: a. The establishment may not sell liquor by the package. b. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. c. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. d. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. e. No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. g. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. h. Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. (b) Incidental service license. An incidental service license is available to a qualified establishment upon a successful application and payment of appropriate fees to allow beer and/or wine consumption (but not sale) at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage for consumption on-premises is not its primary business. A license may be issued and maintained at such an establishment only under the fo llowing conditions: (1) The establishment cannot charge for alcohol. (2) The service of alcohol is limited to beer and wine. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 35 of 71 (3) The licensee shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day. (4) Alcohol expenses shall not exceed two percent of gross receipts. (5) The hours during which beer and/or wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (6) The establishment must meet the other qualifications and comply with the other provisions in this chapter that govern on-premises consumption dealers. (7) An establishment with an incidental service license is not eligible to also hold a package or BYOB license. (c) Limited tap license. A limited tap license is available to a qualified establishment upon a successful application and payment of appropriate fees to allow craft beer consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage is not its primary business. A license may be issued and maintained by such an establishment only under the following conditions: (1) The service of alcohol is limited to five or fewer beer taps. (2) The establishment must gain approval from the fire marshall and building official in accordance with applicable codes. (3) The licensee shall not allow consumption by any individual to exceed 48 ounces within a calendar day. (4) The hours during which beer may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (5) The establishment must meet the other qualifications and comply with the other provisions on this chapter that govern on-premises consumption dealers. (6) A limited tap establishment is not eligible to also hold a package or BYOB license. (d) Courtyard market license: Allows owner or property manager of a commercial or retail center that meets the requirements of a courtyard market to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area on the licensed premises without being required to obtain a separate special event alcohol permit. The applicant for a courtyard market license shall show by plat or survey, submitted with the license application, the physical delineation of the area in which alcoholic beverages will be sold, consumed, and stored and such area shall be included as part of the premises as defined in this section. Licenses to sell alcoholic beverages for consumption on-premises as a courtyard market may only be issued to the owner or property manager of the courtyard market. (e) Special events facility license. (1) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed alcoholic beverage caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for on -premises consumption. (2) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for on - premises consumption. (3) In order to be eligible for a consumption on-premises license, a special events facility must: a. Be available to public or private groups of persons; Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 36 of 71 b. For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and c. Be open to or attended by invited or selected guests or paying patrons; or d. Be a sports complex situated in conformance with the city's zoning ordinances. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-78—4-83. Reserved. Sec. 4-84. Brewpubs. A limited exception to the provisions of this chapter which implement and enforce the three -tier system for the manufacture, distribution and sale of beer established under state law shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (a) No individual or person shall be permitted to own or operate a brewpub without first o btaining a proper brewpub license from the city council and payment of appropriate fees pursuant to the procedures set forth in this chapter, and each brewpub licensee shall comply with all other applicable state and local license requirements. (b) In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an eating establishment as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or growler or crowler, shall be included. (c) A brewpub licensed under this chapter may engage in the retail sale of beer for off -premises consumption, so long as beers sold by the package by the brewpub are manufactured on site, subject to the limitations of state law and this section. (d) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer per day. (3) Operate a restaurant that shall be the sole retail outlet for such beer provided directly for on- premises consumption (not through a wholesaler). Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on-premises by this article, including beer, wine and liquor, p rovided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on-premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled beer from licensed wholesalers for consumption on-premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on-premises or by the package, as applicable, is authorized for other retailer licensees under this chapter. Under no circumstances shall such beer be sold by a licensed brewer to a licensed retailer or on-premises consumption retailer for the purpose of resale. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 37 of 71 (5) Notwithstanding any other provision of this section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on -premises consumption retailers (6) Be issued a tasting license. (e) Notwithstanding the foregoing provision, possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (f) A brewpub licensee shall not offer or permit any free sampling of beer by its patrons on the premises, except pursuant to the terms of its tasting license. (g) A brewpub licensee shall pay all state and local license fees and excise taxes applicable. (h) For the purposes of this section, the term "barrel" means 31 gallons of beer. (i) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-85. Farm wineries. (a) Any duly licensed farm winery may make retail sales of its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under state law in a tasting room on the premises of the farm winery without additional license requirements. Nothing in this section shall be deemed to prohibit a farm winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses or permits as permitted by state law and city ordinances. (b) To obtain and maintain a license, a farm winery must be in compliance with chapter 64 of the City of Milton Code of Ordinances. (c) Permitted sales. A farm winery may sell its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under state law at retail in a tasting room or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off-premises. Other sales of alcohol may be as permitted by state law and city ordinances. (d) Tastings. Offering of samples free of charge shall require an ancillary tasting license. (e) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (f) Licenses issued. The alcoholic beverage licenses which are issued to farm wineries under a farm winery license issued under this chapter are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. All sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Farm winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on-premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 38 of 71 farm winery. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter that govern on-premises consumption. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on-premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package wine sales and consumption on -premises. (5) Special event alcohol permit or events facility license. Nothing in this section shall be deemed to prohibit a farm winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and city ordinances. (g) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (h) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (2) Sunday from 12:30 p.m. until 10:00 p.m. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (i) Applicable provisions. The provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof. (j) Licensing limitations. The tasting license created in accord with this article shall be limited to f arm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other tasting use. (k) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license may result in a refusal to renew the license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-86. Sunday sales. This license requires compliance with the requirements of state law with respect to the sale of alcoholic beverages on Sunday, and payment of the applicable fee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-87. Alcoholic beverage caterers. (a) License and permit requirements for resident alcoholic beverage caterers. (1) Any off-premises or on-premises alcohol beverage licensee within the city may apply for an alcoholic beverage catering license that, when utilized in compliance with state law and upon receipt of a catered event permit, permits the transport, delivery and sale of alcoholic beverages for service and Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 39 of 71 consumption at private functions on private property, at duly licensed special events and at assembly halls or special events facilities. (2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (b) It shall be prohibited for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off-premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein and as regulated by state law and the Georgia Department of Revenue. (c) Catered event permit approval. In order to distribute or sell beer, wine or liquor to or at a catered function within the city, a licensed alcoholic beverage caterer shall file an application for a catered event permit with the city manager or his or her designee. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local license numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other informat ion the city deems necessary to review a request for such approval. There will be an annual fee set by city council for applications filed by resident caterers. Non-resident caterers must include with the application a copy of the caterer's current alcohol license and server permits from the non-resident caterer's home jurisdiction. For non-resident caterers, the fee for each permit shall be established from time to time by the mayor and city council as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state alcoholic beverage catering licenses as well as the original catered event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the alcoholic beverage catering license and catered event permit. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain a server/seller alcohol permit required for alcohol. (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (h) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non -resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-88. Bring your own beverage (BYOB) license (on-premises licensees). (a) A "bring your own beverage" license is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premises consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 40 of 71 chapter, a BYOB license may be issued and maintained at an approved establishment only under the following conditions. (1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until one hour before close. Sunday from 12:30 p.m. until one hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (2) Off-premises retailers who do not also hold an on-premises consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. (3) Establishments that also hold an on-premises consumption license shall pay the same BYOB license fee as other BYOB establishments but will not receive a separate BYOB license. Instead, th e BYOB approval will be noted on their on-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issu ed to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: a. The establishment may not sell liquor by the package. b. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. c. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. d. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. e. No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. g. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. h. Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-89. Limited food service restaurant license. A supplemental limited food service restaurant license is required to sell alcohol for consumption on - premises at a limited food service restaurant. A limited food service restaurant must derive at least 30 percent of Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 41 of 71 its total annual gross food and beverage sales from the sale of prepared meals or food. Limited food service restaurant do not qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday sales license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-90. Restaurant package sale license. (a) Sale of beer and/or wine for consumption off-premises sold by a restaurant licensed for on-premises consumption is subject to the following provisions: (1) Beer and/or wine shall be properly labeled in accordance with this chapter and state law; (2) Beer and/or wine purchases may only be made in conjunction with a food purchase; (3) No more than one bottle of wine and/or one package of beer may be sold to a legally aged patron; and (4) The price of beer and/or wine for consumption off-premises must be the same as the price for beer and/or wine consumed on premises. (b) Wine that has been opened for consumption on the premises may be removed from the premises by the patron only when the licensee has complied with the "Merlot to Go" provisions of section 4-134 of this chapter and state law governing the same. This subsection does not apply to beer that has been opened for consumption on the premises; (c) Sales of beer and/or wine by the package may only be processed by employees or agents authorized by th e licensee and meeting the qualifications of this chapter to sell alcoholic beverages; (d) Nothing in this section shall authorize, permit, or otherwise allow an on-premises consumption retailer to obtain a license as an off-premises liquor retailer. (e) Notwithstanding any of the provisions of this section, on-premises consumption retailers shall not sell beer or wine by the package for carryout purposes: (1) On any day or at any time when the sale of package beer or wine for carryout purposes is otherw ise prohibited by law; or (2) At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-91. Craft beer and/or wine market license. A craft beer and/or wine market license is available to a qualified establishment in conjunction with application and payment of appropriate fees to allow sales by the package and for consumption on -premises of craft beer and/or wine. Such license is available to an otherwise qualified establishment under the following conditions: (a) The establishment shall offer a minimum of 50 different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requirements as set forth in this chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on-premises license as well as an off-premises beer and/or wine package license. (c) The primary purpose of the establishment must be one of the following: (1) the package sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 42 of 71 consumption off-premises in conjunction with the sale of prepared food and/or groceries. The establishment shall: (1) Have an interior floor space of which 60 percent or more is devoted to retail sales of craft beers and/or wine for consumption off-premises, food preparation, or grocery sales including storage, shelving, and displays; and (2) Maintain 60 percent of gross sales derived from retail package craft beer and or wine for off- premises consumption, prepared food and meals, groceries , or any combination thereof. (d) Sales of craft beers and wines may be for consumption on -premises and/or package (including growlers or crowlers). Although a craft beer and/or wine market is required to apply for a growler/crowler license in order to sell growlers or crowlers, the license fees for any such growler/crowler license will be waived for such establishments. (e) Craft beer and/or wine markets shall be permitted in areas currently zoned to allow for both on - premises and off-premises consumption and shall meet all distance requirements for both types of licenses. (f) Craft beers and wine consumed on the premises of a craft beer and/or wine market shall only be opened by the licensee or an employee of the craft beer and/or wine market. Craft beers and wine to be consumed on-premises shall not include growlers or crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this chapter. (h) The sale of food is expressly permitted in a craft beer and/or wine market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. See Sec. 4-125 for hours related to retail sales for consumption off-premises. (j) The craft beer and/or wine market license is a supplement to, and not a substitute for, the off -premises sales license and on-premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. (k) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-92. Growlers or crowlers. (a) The sale of growlers or crowlers requires a separate growler/crowler license. Brewpubs, craft beer and/or wine markets, eating establishments and restaurants may be licensed to sell growlers or crowlers if they meet all other requirements to hold an off-premises beer and/or wine package license. Establishments that sell liquor by the package are prohibited from also selling growlers or crowlers. (b) The filling of growlers or crowlers by means of a tapped keg shall not const itute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers or crowlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers or crowlers may be filled and made available for retail sale. (e) Each growler or crowler must be securely sealed and removed from the premises in its original sealed condition. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 43 of 71 (f) As with any other off-premises package license, unless the licensee holds a separate on-premises consumption license, consumption on-premises is strictly prohibited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-93. Ancillary tasting. (a) Ancillary tasting license. The holder of a hybrid license will receive an ancillary tasting license as part of its hybrid license. The holder of an off-premises retail license, manufacturing license or hybrid license may be eligible for a separate ancillary tasting license to provide samples it offers for sale by the package to patrons upon meeting all of the requirements specified in this chapter and paying the required fees. An ancillary tasting license may be utilized at an approved establishment only under the following conditions: (1) Sampling shall be on limited occasions when a patron requests a sample offered for sale within the premises or in conjunction with education classes and sampling designed to promote beer and/or appreciation and education. (2) Beer and/or wine tasting for patrons shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (3) Sampling for patrons shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor (or any proportional combination of the two) in any two-hour period. (4) Bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (5) No open containers of beer and/or wine shall be removed from the licensed premises. (6) The holder of an ancillary tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (7) Sampling and tasting is permitted within the enclosed portion of the premises. Sampling and tasting may be allowed in open areas, sidewalks, decks, patios, or similar unenclosed spaces on or about the premises of an establishment if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. (8) The hours during which tastings may be conducted are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (9) This section is intended to be interpreted as a supplement to, and not to interfere with the requirements of, O.C.G.A. § 3-15-2. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-94. Temporary alcoholic beverage licenses. (a) Authority. The city manager is authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions set forth in this section. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 44 of 71 (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 90 days. No such license shall be issued unless: (1) An application for a license is filed with the city manager and payment in full of the fee thereof has been deposited with, and cleared, the city 's financial institution. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this chapter authorizing such license in the city. (3) The denial of a temporary license would create und ue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) Extension of temporary license. If, at least three business days prior to the expiration of a temporary license, the applicant requests and explains why an extension is needed, and the city manager finds the factual circumstances surrounding the request to support the granting of an extension; the city manager is authorized to extend the period of the temporary license up to an additional 60 days and charge an additional temporary license fee. Should an applicant have reason to seek an extension beyond the first extension of an additional 60 days and the city manager finds the factual circumstances surrounding the additional extension request to support the granting, then the city manager shall present the request to city council for consideration and approval or denial at the next regular session of city council. (e) No bearing on decision for license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a license. The city shall not be liable to the applicant if, for any reason, a license is not issued either pr ior to the expiration of the temporary license or not issued at all. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) DIVISION 3. SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4-95. Special event alcohol permits. (a) For existing consumption off-premises and/or on-premises licensed establishments. A special event alcohol permit may be issued to any establishment licensed to sell alcoholic beverages for consumption on -premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed the time permitted by the approved special event permit issued under chapter 64. The licensee must submit an application and pay the required non-refundable fee, and, in relation to the special event alcohol permit, shall be required to comply with all licensing requirements associated with its consumption on -premises license with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this chapter, the holder of the special event alcohol permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. An establishment that holds a current on-premises consumption license may not receive a special event alcohol permit for package sales for off-premises consumption. (b) For non-profit civic organizations. A special event alcohol permit may be issued to any non-profit organization for a period not to exceed the time permitted by the approved special event permit issued Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 45 of 71 under chapter 64. The applicant must submit an application and pay the required non-refundable processing fee and shall be required to comply with all licensing requirements for a consumption on -premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this chapter, the holder of a special event alcohol permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event, sell sealed packaged beer and/or wine for off-premises consumption, and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of a consumption on-premises license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. (c) [Permit not required.] Any employee or volunteer of a non-profit special event alcohol permit, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. (d) [Special event criteria.] The special event must meet the following criteria prior to the issuance of a special event alcohol permit: (1) The event must have been permitted as an approved special event, as described in chapter 64, prior to the issuance of a special event alcohol permit. (2) The special event must be associated with and benefit the cause of a non -profit charitable or civic organization. (e) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this chapter. (f) Chief of police's authority to revoke. The chief of police or his or her designee may immediately revoke any special event alcohol permit if it is determined continued alcohol sales may endanger the health, welfare, or safety of the public. (g) Indemnification required. As a condition on the issuance of a special event alcohol permit, the licensee shall indemnify and hold the city harmless from any and all claims, demands, or causes of action that may arise from activities associated with the special event. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-96. Grand opening/annual promotion permit. (a) Any establishment licensed to do business in the city and meeting all other location requirements to be open to the public may apply for a grand opening/annual promotion permit. Such permit allows the holder to provide beer and wine for consumption on-premises of its business establishment for a single four-hour period in any given year for the purpose of celebrating the business whether for a grand open ing, anniversary, or other event. The establishment must abide by all other provisions of this chapter, including prohibitions against providing alcohol to minors and intoxicated patrons. The establishment may not receive money or donations for the alcohol served in accordance with such a permit. (b) Employees or volunteers of the grand opening/annual promotion permit, working the event in any position in any position dispensing, serving, taking orders, or mixing alcoholic beverages shall not be required t o obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 46 of 71 Sec. 4-97. Public facilities event alcohol permit. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to allow the consumption of alcoholic beverages on public property shall exist for that person or entity possessing a public facilities event alcohol permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the city, except: (1) Any fire station; and (2) Any public safety facility. (c) Any person or entity desiring to engage in activities licensed by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities event alcohol permit on forms prescribed by the city. All applications shall be accompanied by a public facilities event alcohol permit fee as established by the city council. Further, all applicants shall be required to provide a release and meet any other requirements established by the city manager as conditions of obtaining the public facilities event alcohol permit. (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities event alcohol permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the even t; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities event alcohol permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities event alcohol permit for a public park shall permit the permit holder to serve a nd sell alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal l, and the alcoholic beverages may only be consumed on-premises of such hospitality tent or similar structure. (h) A public facilities event alcohol permit shall license the holder to serve and sell alcoholic beverages within the premises of the public facility. (i) A public facilities event alcohol permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements of this chapter; provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities event alcohol permit shall be cause for the denial or revocation thereof. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 47 of 71 (l) Except as set forth above in this section, a public facilities event alcohol permit holder must comply with all of the provisions set forth in this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-98. Catered event permit. See section 4-87. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) DIVISION 4. ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4-99. Package sales of distilled spirits. (a) No liquor by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; or (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of liquor by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of beer, wine, alcohol consumables, liquid commodities and/or mixes normally used in the preparation and serving of liquor. (c) Off-premises distilled spirits retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all liquor exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-100. Private clubs. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on-premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this chapter as other on-premises licensees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 48 of 71 Sec. 4-101. Hotels and in-room service. (a) A hotel is eligible to obtain a consumption on-premises license only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests or patrons for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests or patrons; and (3) Contain one or more public dining rooms, with adequate and sanitary full -service kitchen facilities. (4) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (5) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this chapter. (b) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide "in-room service" of alcoholic beverages if such establishment: (1) Holds a valid city consumption on-premises license; and (2) Has been authorized to provide in-room service by the state. (c) For the purposes of this section, the term "in-room service" consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (d) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as provided for in this chapter for on - premises consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Liquor sold pursuant to this section shall not be sold in packages containing less than 50 mill iliters each. (f) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, including the excise tax on the retail sale of by the drink of alcoholic beverages containing liquor. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-102—4-105. Reserved. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE IV. OPEN CONTAINER AREAS IN SPECIAL DISTRICTS Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 49 of 71 ARTICLE IV. OPEN CONTAINER AREAS IN SPECIAL DISTRICTS Sec. 4-106. General provisions. The provisions of this article are intended to set forth exceptions and provisions applicable only to licensees whose establishments are located within the areas identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on-premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-107. Definition of special districts. For the purposes of this article only, the city's special districts are designated as follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached maps) and are defined as follows: The area of the city identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a special district, the entire licensed establishment shall be considered part of the special district, regardless of whether any portion of the licensed establishment is in a zoning district not included in the special di strict. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-108. Open container areas allowing outside consumption of alcoholi c beverages. Notwithstanding any other provisions in this chapter, the following activities are specifically allowed within open container areas in the city's "special districts." (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on-premises whose entrance is located in a special district is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be prohibited for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. Created: 2021-08-26 08:22:47 [EST] (Supp. No. 39) Page 50 of 71 (d) Purchase from licensed premises within defined districts. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premises within the defined districts. A licensed premises will be deemed to be within the defined district if the entrance to the licensed premi ses is located within the district. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-109. No abrogation of other laws. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-110—4-115. Reserved. ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS, SELLER/SERVER PERMITS DIVISION 1. ENFORCEMENT. Sec. 4-116. Enforcement by police department. Except as otherwise provided, the police department shall be responsible for the enforcement of the provisions of this chapter and applicable state law. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-117. Emergency suspension of sale and/or provision of alcoholic beverages. The city manager and chief of police are each authorized to suspend the sale and/or provision of alcoholic beverages under any license for any emergency situation when the official deems such suspension necessary for the protection of the public health, safety, or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determines the emergency no longer exists or until the next meeting of the city council, at which time the city council shall decide whether the suspension shall cease or be extended. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-118. Inspection of licensed establishments. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 51 of 71 (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-119—4-124. Reserved. DIVISION 2. OPERATING REGULATIONS Sec. 4-125. Hours and days of sale. Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premises consumption). Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday sales license. (b) Retail package liquor or distilled spirits (off-premises consumption). Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday sales license. (c) Eating establishments, restaurants and oth er on-premises licenses not specifically designated in this section. Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment wh ich serves alcohol on Sunday shall meet the minimum food sales requirements set forth under state law and possess a valid Sunday sales license. (d) Ancillary tasting license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until one hour before closing but no later than 1:00 a.m. Sundays between the hours of 11:00 a.m. and 10:00 p.m. (e) Incidental service license, limited tap license, craft beer and/or wine market (on-premises consumption), growler/crowler shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. Crowler/growler licensee and craft beer and/or wine market may also serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. with a valid Sunday sales license. Incidental service license may serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. (f) Farm winery tasting license. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. and Sunday from 11:00 a.m. until 12:00 midnight. (g) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private clubs. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State law reference(s)—Georgia Dept. of Rev. Regulations 560-2-3-.02. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 52 of 71 Sec. 4-126. Maintenance and compliance of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises, including but not limited to, compliance with the applicable sections of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All eating establishment and restaurant areas, including all tables, b ooths, and other areas where patrons are served and including all passageways for patrons, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all county and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel are authorized to regularly inspect the premises to see that they are in compliance with all city, county, and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department is authorized to regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and county and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-127. Advertising; signs; pricing. (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alco holic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of an on-premises consumption dealer; or (3) In the windows of any licensed establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to patrons on a regular printed menu. (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 53 of 71 Sec. 4-128. Wholesaler and distributor registration and delivery requirements. All wholesalers or distributors shall register and pay appropriate fees with the city and comply with this chapter before they can sell or deliver any alcoholic beverages to any establishment in the city. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor registered as set out in this chapter and shall at all times when deliveries are being made be subject to inspection by any and all duly authorized authorities of the city. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a valid retail license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-129. Storage of alcoholic beverages by retailers. All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no other place. All alcoholic beverages shall be available at all times for inspection b y authorized city officials. Any brand or type of alcoholic beverages found in any retailer's stock that was not delivered to the licensed premises by an authorized wholesaler or distributor shall be subject to immediate confiscation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-130. Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any retail licensee hereunder from any wholesaler or manufacture of beer, wine or other alcoholic beverages shall be permitted. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-131. Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-132. Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-133. Tasting of samples by employees. Notwithstanding any contrary term or prohibition in this chapter, in any retail package liquor store in which alcoholic beverages are legally sold in unbroken packages, tasting of alcohol samples by retail dealers and their employees is permitted to the extent allowed by O.C.G.A. § 3-3-26. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-134—4-139. Reserved. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE V. - ENFORCEMENT, REGULATIONS AND PROHIBITIONS, SELLER/SERVER PERMITS DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 54 of 71 DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS Sec. 4-140. Licensee to identify employees involved with alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, driver's license numbers, addresses and telephone numbers of all present employees who are involved wit h the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-141. Restrictions on employment of underage persons. (a) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It shall be prohibited for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of retail package distilled spirits establishments must be at least 21 years of age. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premises beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off- premises if there is, at all times during which any person under 18 years of age is working and during hours within which alcoholic beverages are sold, either the licensee or at least one employee over the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. (c) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages, all such employees shall require proper age identification of any person attempting to purchase alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-142. Alcohol seller/server permits required; application process and conditions; appeals; training. The following regulations shall apply to all establishments holding an alcoholic beverage license other than non-profit special event alcohol permits and grand opening/annual promotion permits: (a) No person shall be employed or allowed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible to hold an alcohol seller/server permit. (b) This section shall not be construed to include volunteer groups with nonprofit tax -exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. However, no volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 55 of 71 (c) No alcohol seller/server permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the city council, and a search of the criminal record of the seller/server is completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete search made relative to any police record of the seller/server seeking a permit. If there is no record of a violation that would preclude the individual from selling or serving alcohol under this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for sales and service of alcohol at the licensed location. If it is found that the person is not eligible, the chief of police or his or her designee shall notify the person, in writing, that he or she not eligible for an alcohol seller/server permit from the city, of the cause of such denial, and of the individual's right to appeal. Appeals shall be filed with the city manager and heard by the city council. (e) Crimes preventing the possession of an alcohol seller/server permit: Any individual seeking an alcohol seller/server permit shall submit to fingerprinting as part of a background investigation by the police department in connection with the application for the permit. No person shall be granted an alcohol seller/server permit who has, within five years of the date of applying for said permit, been convicted of or pled guilty or en tered a plea of nolo contendere to any crime involving: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages (including sale or transfer of alcoholic beverages to minors in manner contrary to law), keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime. No person shall be granted an alcohol seller/server permit who, at the time of applying for an alcohol seller/server permit, is then on parole or probation for any of the criminal offenses identified in this subsection. No person shall be granted an alcohol seller/server permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall not be considered as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48 -8-98 et seq.; provided, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously b een sentenced as a first offender. (f) An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (g) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcohol seller/server permit under this section. If it is determined that a person is in vio lation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 56 of 71 (i) A replacement permit will be issued within 30 days of the original date, upon paying one -half of the fee charged for an original alcohol seller/server permit. After 30 days of original application date, a new application and fee must be submitted. (j) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid city alcohol seller/server permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcohol seller/server permit. Training of permit holders. (1) Licensees shall provide regular information, the establishment's alcohol sale/service policies, and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages and do not appear to be legally intoxicated. Training shall also include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and the city's ordinances regarding the prohibitions against providing alcoholic beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. (2) Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. Evidence of such training records shall be made available upon request for inspection by the city. (k) Any establishment that has agents or employees acting in violation of this section may receive a fine and/or license suspension or revocation as set forth in this chapter for violations of this chapter. (l) Any individual working in a licensed establishment without the required permit may be charged with a misdemeanor and penalized accordingly and may also be prohibited from applying for an alcohol seller/server permit within the city for a period of time up to 60 days in the discretion of city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-143—4-149. Reserved. DIVISION 4. SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS Sec. 4-150. Sales and consumption on public property. (a) Except as provided in this chapter, it shall be prohibited for any person to sell, serve, or otherwise dispense any alcoholic beverage in a street, sidewalk, alleyway, parking area, mall or other place commonly used by the public or in any other public place or on public property. (b) Private parties and organizations may secure a permit from the city manager as set forth in this chapter to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the city to the extent authorized. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 57 of 71 Sec. 4-151. Drinking in public places. (a) It shall be prohibited for any individual to drink or consume all or any part of an alcoholic beverage in or on any street, sidewalk, alleyway, parking area, mall, or other place commonly used by the public unless the place has been licensed or permitted for consumption or is located in a special district, subject to the limitations of the license, permit, or provisions of this chapter. (b) It shall be prohibited for any individual to drink or consume all or part of any alcoholic beverage while in any city park except during licensed special events or at licensed locations within such parks. (c) Nothing in this section shall be construed to (i) prohibit the sale and consumption of any alcoholic beverage at any duly licensed sports club, assembly hall, special event facility, or golf course owned or operated by the city, or (ii) prevent a licensee from preparing and serving alcoholic beverages to be consumed within an approved outdoor dining area as part of the operation of its business. To the extent that a n approved outdoor dining area is located on a portion of a city sidewalk or is separated from the interior dining portion of the licensed premises by a city sidewalk, open containers of alcoholic beverages shall only be transported into or out of such outdoor dining area by the licensees' working employees as part of their work duties. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-152. Alcohol consumption near retail package stores. It shall be prohibited for any person to open or to consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form or within the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-153. Open areas and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in a licensed esta blishment's open areas, sidewalks, decks, patios or similar unenclosed spaces on, about or adjacent to the premises of an establishment licensed to sell alcohol for consumption on-premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-154. Carry-out of partially consumed bottles of wine permitted ("Merlot to Go" provision). (a) An eating establishment licensed to sell wine for consumption on-premises may permit guests, patrons or members to purchase the establishment's wine on the premises and leave with no more than one bottle of unfinished wine per legally aged patron as long as such bottle has been re-sealed and packaged in accordance with the provisions set forth in O.C.G.A. § 3-6-4. (b) Such partially consumed bottle of wine must be transported in accordance with O.C.G.A. § 40-6-253, "consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 58 of 71 area." However, nothing in this section shall be construed to prohibit the carrying out of beer or wine for consumption at a publicly owned or privately-owned golf course. (c) No licensee may allow patrons to remove partially consumed wine from their premises purs uant to this section without first providing written notice to and obtaining written approval from the city manager or his/her designee. This approval will only be provided to establishments that meet the requirements of an "eating establishment" under this chapter and state law. While an approved establishment may charge a "corkage fee" to patrons for the re-sealing and packaging of the wine, there will be no additional license fees assessed by the city for an establishment to be approved as a "Merlot to Go" establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-155. Carry-out of alcoholic beverages prohibitions. (a) Except as otherwise provided in this chapter, all alcoholic beverages sold or otherwise dispensed for consumption on the licensed premises shall be consumed only on the licensed premises. (b) Except as otherwise provided in this chapter, it shall be prohibited for any person to remove from the licensed premises any alcoholic beverages sold for consumption on -premises, and it shall be prohibited for the licensee to permit any person to remove from the licensed premises any alcoholic bevera ges sold for consumption on-premises except as otherwise permitted under this chapter. When prohibited, the licensee shall be responsible for ensuring that no person removes any alcoholic beverages from the premises in any type of container. (c) It shall be prohibited for any person purchasing alcoholic beverages for consumption on -premises to leave the premises without paying for such alcoholic beverages. (d) Except as otherwise provided in this chapter, it shall be prohibited for patrons to gather outsi de the establishment of a consumption on-premises licensee and consume alcoholic beverages. (e) Except as otherwise provided in this chapter, it shall be prohibited for the manager or any employee of a consumption on-premises licensee to allow patrons to gather outside the establishment and consume alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-156. BYOB prohibited except in licensed establishments. (a) It is prohibited for any person to bring an alcoholic beverage into any business establishment (regardless of whether the establishment holds a license to sell or serve alcoholic beverages), unless such establishment holds a valid BYOB license. (b) Where an establishment holds a BYOB license, in addition to all requirements in place for holding such license, the following requirements/prohibitions apply: (1) The establishment may not sell liquor by the package. (2) The licensee must have an established policy pertaining to BYOB practices. (3) BYOB beverages are limited to beer and wine, unless a patron has rented an entire section of the premises for a private function. (4) No alcohol may be brought onto the premises or consumed by a patron under 21 years of age. (5) No alcohol may be brought onto the premises by a patron less than one hour prior to closing. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 59 of 71 (6) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. (7) Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. (8) Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-157. Prohibited sales to persons under 21 or intoxicated persons; Sunday and election day provisions. (a) No licensee shall permit on the licensed premises, the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person under 21 years of age. (b) No licensee shall permit on the licensed premises the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person who is in a state of noticeable intoxication. (c) No licensee shall permit the sale of alcoholic beverages on Sunday, except as otherwise provided by law or in this chapter. (d) No licensee shall permit the sale of alcoholic beverages on election days within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. The sale of alcoholic beverages on election days is permitted to the extent authorized by state law, pursuant to O.C.G.A. § 3-3-20. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-158. Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on-premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this section, "free" means free to the patron on behalf of the establishment. (2) Deliver more than two alcoholic beverages to one person at a time. For the purposes of this section, one alcoholic beverage shall be the equivalent of one 16-ounce beer, or one six-ounce glass of wine or one ounce of 100 proof spirits. a. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding eight ounces. Each sampler shall not exceed four different types of beer. b. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three ounces. Each sampler shall not exceed four different types of wine. c. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one-half ounce. Each sampler shall not exceed four different types of liquor. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 60 of 71 (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic b everages on any one day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more legally aged persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This subsection shall not apply to incidental service licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or providing wine by the bottle or carafe when sold with meals or to more than one person. (e) The police department shall have the responsibility for the enforcement of this section. (f) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all patrons must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this section shall not apply to incid ental service licenses. (g) It shall be prohibited for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this section, the term "sale" shall refer to the point at which there is an exchange of money for alcoholic beverages or when alcoholic beverages are left in the sole possession or control of a patron. Nothing in this section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be prohibited for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages provided that this section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB license by a patron. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 61 of 71 ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-159. Reserved. DIVISION 5. "UNDER 21" PROHIBITIONS Sec. 4-160. Furnishing to, purchasing of alcoholic beverages by persons under 21 years of age prohibited; maintaining place where persons under 21 may purchase, drink, or possess alcoholic beverages prohibited. Refer to section 32-135 of the City of Milton Code of Ordinances, prohibited acts by persons under 21 years of age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-161. Purchase, consumption, possession by or for underage persons. (a) It shall be prohibited for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be prohibited for any person to keep or maintain a place where persons under 21 yea rs of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. (c) It shall be prohibited for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee and his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-162. Under-age persons on licensed premises, employment of minors. No licensee who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or spouse who is 21 years of age or older; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-163. Misrepresentation of age by underage persons. It shall be prohibited for any person under the age of 21 years, to misrepresent his or her age in any manner whatsoever. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 62 of 71 Secs. 4-164—4-169. Reserved. DIVISION 6. ACTIVITIES PROHIBITED ON PREMISES Sec. 4-170. Contents of bottles. It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill empty alcoholic beverage bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-171. Solicitation prohibited. No establishment licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-172. Employees prohibited from mingling with patrons. (a) It shall be prohibited for any employees of a licensee under this chapter to dance or sit with patrons in the premises or for any patron to be permitted to purchase food or drink for such employees during such employees' working hours. (b) Alcoholic beverages shall only be served by the licensee or the licensee's employees or agents. (c) It shall be prohibited for any employee or agent of any licensee to consume alcoholic beverages on the premises of the licensee during such employee's or agent's working hours. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-173. Types of entertainment—Attire and conduct prohibited. (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the to p of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in this section. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 63 of 71 (c) It shall be prohibited for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (1) and (2) of this section. (d) Failure to comply with this section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the city pursuant to this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-174—4-179. Reserved. ARTICLE VI. REPORTING, AUDITS, AND EXCISE TAXES DIVISION 1. GENERALLY Sec. 4-180. Administration and enforcement of article. (a) The finance director or his or her designee shall administer and enforce the provisions of this article. (b) The city manager may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records , financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this chapter, the city manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-181. Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of a licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's finance director or other designee to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments licensed under this chapter must maintain the following records for five years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing beer, wine, liquor and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z tapes or guest tickets. (4) Monthly state sales and use tax reports. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 64 of 71 (5) Federal income tax return with all Form 1099s. (6) Any and all records utilized in calculating excise taxes as set forth in this chapter. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds reasonable evidence to support the waiver. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-182. Reporting of food sales required. (a) Each holder of any alcoholic beverage license for which minimum food sales requirements apply, shall maintain on the premises and available for inspection at any time during business hours, records that document the establishment's sales in even dollars and as a percent of total revenue. These numbers shall include gross food sales in even dollars and as a percent of the total sales, gross alcoholic beverage sales in even dollars and as a percent of the total sales, the amount of tax at the percent required under this division, and any other information reasonably related to the operation of the business required by the city. A report reflecting the same shall also be provided to the city manager upon request and no more than 20 days after such request. (b) Failure to provide any and all of the information required by this section may result in penalties specified in this chapter, including but not limited to, penalties and interest on the amount of tax due and payable, suspension or revocation of the license, or fines. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-183. Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and deliveries; bonds; penalties. (a) Scope of section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the city in the business of selling beer, wine and liquor, as defined under the laws of the state , there is imposed and levied upon all dealers described in this section within the city limits an excise tax, to be computed and collected as set forth in this article. (b) Amount of tax. The excise taxes on beer, wine, and liquor are set forth below and may be modified by the city council with such modifications set forth in a schedule of excise taxes on file in the city manager's office and the finance department. (c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed in this article shall be computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering beer, wine or liquor to any retail dealer in the city shall, as a condition to the privilege of carrying on the b usiness: (1) Keep true and correct records of all sales, shipments or deliveries of such alcoholic beverages to any retail dealer in the city, such records to be for a period of five years for beer, wine, and liquor, and to be made available upon request to any duly authorized representative of the city. (2) Collect from each such retail dealer in the city limits at the time of delivery of the beer, wine, and liquor the amount of tax due under the terms of this article and to hold such amount in trust for the city until such amount is remitted to the city as provided in this section. (3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each calendar month make a verified and comprehensive report to the city manager or his or her designee, which shall correctly show all sales and deliveries of beer, wine, and liquor to or for retail dealers in the city limits for the month immediately preceding such report. Such report shall show the name and Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 65 of 71 address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this article, and such other information as may be called for by the city. This report shall be accompanied by remittance to the city for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this section, the city shall notify the party in writing; and if the reports are not made and the taxes remitted within five days from the date of notice, the city may prohibit said wholesaler or distributor from doing business in the city until the acts of noncompliance are cured. In addition, such a wholesaler must pay a late payment charge of 15 percent per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent per month. (e) Prohibited retail sales. It shall be a violation of this section for any person to sell at retail within the city any beer, wine, or liquor on which the taxes provided for in this section have not been paid. This section shall also apply to farm wineries. (f) Prohibited deliveries. It shall be prohibited and a violation of this section for any wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail dealer in the city without collecting the taxes provided for in this section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this section, or who shall assist any retail dealer in beer, wine, or liquor in the city to evade or avoid the payment of the taxes provided for in this section shall be punished as provided in this chapter and shall also be subject to having his/her license revoked. (h) Farm wineries. Wines sold at retail by a farm winery shall have levied thereon the excise tax that applies to wholesalers. farm wineries have a duty to keep accurate records as to what is sold at retail and what i s sold at wholesale. (i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Breweries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State law reference(s)—O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on-premises, O.C.G.A. § 3-3- 42; display of prices of distilled spirits, O.C.G.A. § 3-4-26; levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt beverages required, O.C.G.A. § 3-5-80; authorization to levy tax on wine, O.C.G.A. § 3-6- 60. Sec. 4-184. Per drink excise tax on distilled spirits to be collected and paid by on -premises consumption retailers. (a) There is hereby levied and imposed a specific excise tax on the sale of liquor in the amount of three percent of the charge to the public (or the patron in the case of a catered event) for the beverage that contains the liquor; this does not include any sales tax. (b) The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in whole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 66 of 71 (c) The excise taxes provided for in this section shall be imposed upon and shall be paid by the on -premises consumption licensee who sells liquor by the drink. (d) Each licensee selling liquor by the drink within the city shall file a report with the city by the 20th day of each month showing the preceding calendar month summary of the licensee's gross sales derived from the sale of liquor sold by the drink during the preceding month. (e) Each such licensee shall remit to the city by the 20th day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this section. (f) Each licensee collecting the tax authorized by this section shall be allowed a percentage of the tax due and accounted for, and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount is not delinquent at the time of payment. The deduction amount authorized will be the rate authorized under O.C.G.A. § 48-8-50, as now written or hereafter amended; (currently the rate of deduction as authorized under O.C.G.A. § 48 -8-50 is three percent of the total amount due). (g) Excise taxes received after the tenth day of the month shall be charged a 15 percent penalty plus interest (h) If the city manager or his/her designee deems it necessary to conduct an audit of the records and books of the licensee, he/she will notify the licensee and an agreed upon date and time will be arranged. If a date and time cannot be agreed upon, the city manager or his/her designee may set the date and time to occur anytime during the licensee's normal business hours. (i) In addition to any penalties otherwise set forth in this chapter, failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-185. Excise tax on alcohol produced by brewpubs, breweries, micro -breweries, distilleries and micro-distilleries. (a) Every brewpub, brewery, micro-brewery, distillery and micro-distillery located within the city shall file a monthly report with the city manager or designee no later than the 20th day of each month, on such forms as the city manager or designee may prescribe, setting forth all alcohol produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a deficient or late filing penalty of $25.00 for each deficient reporting period. (b) There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½) gallons) and $12.00 per barrel (31 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c) There is levied an excise tax on all liquor produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. (d) Such tax shall be paid to the city no later than the 20th day of each month for the preceding month's production. A late payment penalty of 15 percent of the tax otherwise due plus interest shall be added to the amount due for any payment not received by the due date. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 67 of 71 Sec. 4-186. Excise tax required on wholesalers. (a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065] per ounce which shall be paid to the governing authority on all wine and liquor sold by wholesalers to retailers in the city. Such tax shall be paid to the city by the wholesale distributor on all wine and liquor sold in the city as follows: (1) Each wholesaler selling, shipping, or in any way delivering wine or liquor to any licensees under this chapter, shall collect the excise tax at the time of delivery and shall remit the same to the city together with a summary of all deliveries to each licensee on or before the tenth day of the following mont h. (2) Excise taxes received after the 20th day of the month shall be charged a 15 percent penalty plus interest. (3) It shall be a violation of this chapter for any wholesaler to sell, ship or deliver in any manner any wine or liquor to a retail dealer without collecting such tax. (4) Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of liquor delivered, together with the price thereof and the tax collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for insp ection by authorized representatives of the city. If requested by an authorized representative of the city, a copy of such records shall be attached to any reports requested or required by the city. (5) It shall be a violation of this chapter for any retail dealer to possess, own, hold, store, display or sell any wine or liquor on which such tax has not been paid. Wholesalers collecting the tax authorized in this section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b) There is levied an excise tax on all beer sold by wholesalers to retailers in the city at the rate of $0.05 per 12 - ounce container and $6.00 for each container of tap or draft beer of 15½ gallons and in similar proportion fo r bottles, cans and containers of various sizes as follows: Size of Container Tax Per Container 7-ounce $0.0291 8-ounce 0.0333 12-ounce 0.0500 14-ounce 0.0583 16-ounce 0.0666 32-ounce 0.1333 Half barrel (15½ gallons) 6.00 One barrel (31 gallons) 12.00 All provisions as to excise tax in this section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent of the taxes collected which shall not apply to beer wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 68 of 71 Secs. 4-187—4-189. Reserved. DIVISION 2. TAX RETURNS AND COLLECTION Sec. 4-190. Tax delinquent on 21st day. The tax imposed under this chapter shall, for each month, become delinquent on the 21st day of each succeeding month. Any such delinquent tax shall bear interest at the rate of one percent per month, or fraction thereof, and a penalty of 15 percent of such delinquent tax shall be added and attached to the total amount of the fee. The city manager or designee is empowered to pursue any remedy or right of collection and payment of taxes lawfully levied by the city, as may be allowed under the laws of the state and the ordinances of the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State law reference(s)—Authority to impose excise tax on sale of distilled spirits by the drink, O.C.G.A. § 3 -4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3-4-80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3-6-60 et seq. Sec. 4-191. Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical review release H. 15 or any publication that may supersede it, plus three percent, to accrue monthly from the 20th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such ann ual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H.15 on or after January 1 of each year. For the purposes of this section, any period of less than one month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this Article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, e very notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 69 of 71 Sec. 4-192. Failure to file return. (a) If any licensee fails to make a return, the city may make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city's possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the ci ty. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by this chapter. (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-193. Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax requ ired to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax and interest due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-194. Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this chap ter, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments. Such claim shall be in writing and shall state the s pecific Created: 2021-08-26 08:22:48 [EST] (Supp. No. 39) Page 70 of 71 grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-195—4-199. Reserved. ARTICLE VII. WHOLESALERS DIVISION 1. GENERALLY Sec. 4-200. License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the same distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by the city council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dealers pursuant to article VIII. Such registration shall be renewed annually with: (1) Submittal of annual renewal affidavit; (2) The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and (3) A registration fee of $100.00 as authorized by O.C.G.A. § 3 -5-43. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-201. Special provisions applicable to wholesale license. (a) Except as may be authorized under state law, no person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Created: 2021-08-26 08:22:49 [EST] (Supp. No. 39) Page 71 of 71 Sec. 4-202. Audits. If the city manager deems it necessary to conduct an audit of the wholesaler licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4-203—4-222. Reserved. - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 1 of 6 Appendix A FEES AND OTHER CHARGES1 FEES AND OTHER CHARGES Section Description Conditions Amount (in dollars) Chapter 4—Alcoholic Beverages 4-30(i) License fees See chapter 4, article III, division 1 4-34 Processing fee— Administrative $100.00/year 4-52(e) Transfer license fee $100.00 4-64(b)1 Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-64(b)2 Penalty for sale to underage persons For the second offense in 24-month period A minimum fine of $750.00 4-64(b)3 Penalty for sale to underage persons For the third offense in 24-month period A minimum fine of $1,000.00 4-64(e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 Retail package license fees 4-70(a) Wine $400.00/year 4-70(a) Beers (including growlers) $400.00/year 4-70(a) Wine and beers $800.00/year 4-70(a) Liquor $3,000.00/year 4-70(a) Wine, beers and liquor $3,800.00/year 4-70(a) Specialty gift shop license (beer/wine) $100.00/year Consumption on Premises (Standard) 4-70(b)(1) Wine See 4-70(f) for prerequisites $650.00/year 4-70(b)(1) Beers See 4-70(f) for prerequisites $650.00/year 4-70(b)(1) Wine and beers See 4-70(f) for prerequisites $1,300.00/year 4-70(b)(1) Liquor See 4-70(f) for prerequisites $3,200.00/year 1Editor's note(s)—Section 1 of Ord. No. 12-09-147, adopted Sept. 17, 2012, repealed the former App. A, and enacted a new App. A as set out herein. The former App. A pertained to similar subject matter, and derived from Ord. No. 11-12-120, adopted Dec. 5, 2011. See the Code Comparative Table for a complete derivation. - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 2 of 6 4-70(b)(1) Wine, beers and liquor See 4-70(f) for prerequisites $4,500.00/year Consumption on Premises (Limited) 4- 70(b)(2)(a) "Bring your own beverage" (BYOB) license (no pre- existing on-premises licensees) $100.00/year 4- 70(b)(2)(b) Incidental service license $100.00/year 4- 70(b)(2)(c) Limited tap license $325.00/year 4- 70(b)(2)(d) Courtyard market license $250.00/year 4- 70(b)(2)(e) Special events facility license $250.00/year Manufacturing 4-70(c)(1) Manufacturer's License Brewery or distillery $500.00/year 4-70(c)(2) Manufacturer's license micro-brewery or micro-distillery $250.00/year Hybrid 4-70(d)(1) Brewpub $1,650.00/year 4-70(d)(2) Farm winery - wholesale $400.00/year 4-70(d)(2) Farm winery - retail packages sales $400.00/year 4-70(d)(2) Farm winery - consumption on premises $650.00/year Add-On License 4-70(e)(1) Sunday sales license Retail package (standard) and Craft beer and/or wine market off-premises retail package sales $250.00/year 4-70(e)(1) Sunday sales license Consumption on $500.00/year - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 3 of 6 premises (standard) 4-70(e)(1) Sunday sales license (When added to crowler/growler license or craft beer and/or wine market license) $25.00/year 4-70(e)(2) Resident caterer license For currently licensed consumption on premises or retail package establishments $150.00/year 4-70(e)(2) Non-resident caterer license For authorized event $50.00/event 4-70(e)(3) "Bring your own beverage" (BYOB) license (on-premises licensees) See 4-70(f) for prerequisite license $100.00/year 4-70(e)(4) Limited food service restaurant license See 4-70(f) for prerequisite license $250.00/year 4-70(e)(5) Restaurant package sale license See 4-70(f) for prerequisite license $100.00/year 4-70(e)(6) Craft beer and/or wine market license: beer only See 4-70(f) for prerequisite license $250.00260/year 4-70(e)(6) Craft beer and/or wine market license: wine only See 4-70(f) for prerequisite license $260/year 4-70(e)(6) Craft beer and/or wine market license: beer and wine See 4-70(f) for prerequisite license $520/year 4-70(e)(7) Growler/crowler license See 4-70(f) for prerequisite license $100.00/year 4-70(e)(8) Ancillary tasting license See 4-70(f) for prerequisite license $100.00/year Permits 4-72(a) Special event alcohol permit For currently licensed establishments $250.00 4-72(a) Special event alcohol permit For non-profit civic organizations $100.00 - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 4 of 6 4-72(b) Grand opening/annual promotions permit No fee 4-72(c) Public facilities event alcohol permit $50.00/event 4-72(d) Catered event alcohol permit No fee Other 4-94(c) Temporary alcoholic beverage license 25% of assessed annual fee 4-99 Private clubs See section 4-70 4-100 Hotel and hotel in- room service See section 4-70 4-128 Wholesaler license fee Located within the city limits Wine $400.00/year Beers $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year 4-128 Wholesaler license fee Located outside of the city limits Wine $100.00/year Beers $100.00/year Wine and beers $100.00/year Liquor $100.00/year Wine, beers and liquor $100.00/year 4-142(c) Pouring permit Investigative fee $60.00/every 2 years 4-142(i) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. If after 30 days of original application, new application and fee must be submitted (see 4-235). 4-184(a) Excise tax on liquor by the drink 3% of the charge to the public for the beverage 4-185(b) Excise tax on all beer produced by a $6.00 per half barrel (15½ gallons) and - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 5 of 6 brewpub, brewery, or micro-brewery $12.00 per barrel (31 gallons), $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-185(c) Excise tax on all liquor produced by a distillery or micro- distillery $0.22 per liter or [$0.0065] per ounce, and a proportionate tax at the same rate on all fractional parts of a liter 4-185(d) Penalty for late excise tax payment 15% of the tax otherwise due 4-186(a) Wholesale excise tax on liquor $0.22 per liter of liquor, and a proportionate tax at the same rate on all fractional parts of a liter 4-186(a) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4-186(b) Wholesale excise tax on beers Container types When beers are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons and a proportionate tax at the same rate on all fractional parts of 12 ounces When beers are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces - THE CODE OF THE Appendix A FEES AND OTHER CHARGES Milton, Georgia, Code of Ordinances Created: 2021-08-26 08:23:34 [EST] (Supp. No. 39) Page 6 of 6 4-191(b) Interest on deficiency of wholesale or retail excise tax See section 4-171(b) 4-191(c) Penalty on deficiency due to fraud 25% of the amount required to be paid 4-192(b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid 4-193(b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available MEETING DATE: Wednesday, September 8, 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 September 8, 2021 To: From: Date: Honorable Mayor and City Council Members Bernadette Harvill, Asst. City Manager Submitted on August 31, 2021 for First Presentation on the September 8, 2021 Regular City Council Meeting and Unfinished Business for the September 20, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the amended budget as adopted on May 10, 2020 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates, several of which are a result of revenues coming higher than anticipated as the economy continues to recover. Some of the more significant increases to anticipations for revenue include: recognition of the federal government American Rescue Plan Act (ARPA) funding, title ad valorem tax, intangible tax, real estate transfer tax, local option sales tax, and transportation special purpose local option sales tax. Milton’s fiscal model of conservative budgeting coupled with the economic recovery seen has put Milton in a solid position moving forward. The City’s budgetary and fund balance policies are clear that excess revenues must be spent on one-time expenditures that are nonrecurring in nature. With that in mind, the proposed amendments include a transfer out to the pay-as-you-go program in the Capital Projects Fund in the amount of $1 million that will go towards funding the build out of a new active park complex once a property has been identified. 1 of 201 of 20 The public hearing for this amendment was advertised in the Milton Herald on August 26, 2021 and will include detailed discussion of the amendments outlined in the attached document. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2021 Proposed Budget Amendments 2 of 202 of 20 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2021 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 20, 2021 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2021 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2021 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2021 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. 3 of 203 of 20 ADOPTED AND APPROVED this 20th day of September, 2021. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk 4 of 204 of 20 City of Milton, Georgia Fiscal Year 2021 Summary of Departmental Budget Amendments 5 of 205 of 20 The goal of the fiscal year 2021 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, paid time off, retirement, and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The changes in original revenue estimates for the following revenue sources are driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2021 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 8. Some of the more significant changes are explained as follows: 1.The City anticipates an increase to current year local option sales tax revenues in the amount of $400,000 to account for revenues coming in higher than anticipated in this category. 2.The City has also recognized continued increases to its share of the title ad valorem tax distribution. A resulting adjustment to anticipated revenues in the amount of $150,000 is being requested at this time. 3.Housing sales and related loans continue to yield revenues higher than anticipated. Staff is projecting the need for an increase in the amount of $85,000 to real estate transfer tax and $80,000 to intangible tax to account for these higher than anticipated collections. Expenditure Amendments: Comprehensive explanations for each of the amendments to the expenditure accounts are provided within the expenditures detail beginning on page 9. 6 of 206 of 20 FY 2021 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 30,938,888$ 726,370$ 31,665,258$ Licenses & Permits 959,800 20,000 979,800 Intergovernmental Revenues 7,500 (629)6,871 Charges for Services 499,210 51,400 550,610 Fines & Forfeitures 400,000 60,000 460,000 Investment Income 20,200 - 20,200 Contributions & Donations 1,887 - 1,887 Miscellaneous Revenue 182,658 13,500 196,158 Proceeds from Sale of Assets 15,000 13,223 28,223 subtotal 33,025,143$ 883,864$ 33,909,007$ Interfund Transfers In: Operating Grant Fund 1,651,649$ 64,428 1,716,077 subtotal 1,651,649$ 64,428$ 1,716,077$ TOTAL REVENUES $ 34,676,792 $ 948,292 $ 35,625,084 EXPENDITURES Mayor & Council 161,081$ -$ 161,081$ City Clerk 296,633 - 296,633 City Manager 743,989 8,605 752,594 General Administration 45,557 7,686 53,243 Finance 644,353 - 644,353 Legal 335,000 - 335,000 Information Technology 1,403,409 3,812 1,407,221 Human Resources 384,640 13,825 398,465 Risk Management 265,345 - 265,345 General Government Buildings 325,126 - 325,126 Communications 265,918 - 265,918 Community Outreach & Engagement 186,569 7,180 193,749 Municipal Court 355,108 11,847 366,955 Police 5,214,440 (50,129)5,164,311 Fire 7,427,449 12,000 7,439,449 Public Works 2,790,337 - 2,790,337 Parks & Recreation (Active)1,308,786 (80,000)1,228,786 Passive Parks/Greenspace 288,603 - 288,603 Community Development 1,829,987 (94,667)1,735,320 Economic Development 156,247 (16,500)139,747 Debt Service - - - Contingency 236,217 (236,217)- subtotal 24,664,794$ (412,558)$ 24,252,236$ Interfund Transfers Out: Capital Projects Fund 12,637,056$ 1,017,977 13,655,033$ Revenue Bond Fund 1,650,026 - 1,650,026 subtotal 14,287,082$ 1,017,977$ 15,305,059$ TOTAL EXPENDITURES $ 38,951,876 $ 605,419 $ 39,557,295 Total Revenues Over/(Under) Expenditures (4,275,084)$ 342,873$ (3,932,211)$ Beginning Fund Balance 13,114,251 13,114,251 ENDING FUND BALANCE 8,839,167$ 9,182,040$ General Fund Budget Summary 7 of 20 Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Rea l Property Tax - Current Year 12,458,243 16,870 12,475,113 Personal Property Tax - Current Year 204,641 (5,500) 199,141 Title Ad Valorem Tax 1,353,521 150,000 1,503,521 Intangible Tax 891,000 80,000 971,000 Real Estate Transfer Tax 200,000 85,000 285,000 Local Option Sales Tax 9,483,931 400,000 9,883,931 TOTAL: TAXES 726,370 LICENSES & PERMITS Alcohol Beverage Licenses 175,000 20,000 195,000 TOTAL: LICENSES & PERMITS 20,000 INTERGOVERNMENTAL Bulletproof Vest Partnership - 1,871 1,871 Community Services Program (CSP)7,500 (2,500) 5,000 TOTAL: INTERGOVERNMENTAL (629) CHARGES FOR SERVICE Plan Review Fees 100,000 35,000 135,000 False Alarms 3,600 12,400 16,000 Activity Fees/Swim Team - 4,000 4,000 TOTAL: CHARGES FOR SERVICE 51,400 FINES & FORFEITURES FINES & FORFEITURES 400,000 60,000 460,000 TOTAL: FINES & FORFEITURES 60,000 MISCELLANEOUS REVENUE Lease-Courtroom IGA - 13,500 13,500 TOTAL: MISCELLANEOUS REVENUE 13,500 OTHER FINANCING SOURCES Operating Transfers In From Operating Grant Fund 1,651,649 64,428 1,716,077 Sale Of Surplus Equipment 15,000 13,223 28,223 TOTAL: OTHER FINANCING SOURCES 77,651 TOTAL REVENUES $ 948,292 Change in revenue recognition 8 of 20 Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CITY MANAGER Employee Benefits 119,220 8,605 127,825 Increase to Employee Benefits is a result of the annual true-up process* TOTAL: CITY MANAGER 8,605 GENERAL ADMINISTRATION Other Purchased Services 13,917 4,200 18,117 Increase to cover expenses associated with Zoom video conferencing service Machinery & Equipment - 3,486 3,486 Increase to cover expenses associated with the purchase of an envelope folder/sorter TOTAL: GENERAL ADMINISTRATION 7,686 INFORMATION SERVICES Employee Benefits 33,081 3,812 36,893 Increase to Employee Benefits is a result of the annual true-up process* TOTAL: INFORMATION SERVICES 3,812 HUMAN RESOURCES Employee Benefits 60,562 13,825 74,387 Increase to Employee Benefits is a result of the annual true-up process* TOTAL: HUMAN RESOURCES 13,825 COMMUNITY OUTREACH & ENGAGEMENT Employee Benefits 27,987 7,180 35,167 Increase to Employee Benefits is a result of the annual true-up process* TOTAL: COMMUNITY OUTREACH & ENGAGEMENT 7,180 MUNICIPAL COURT Facility Repair & Maintenance 4,290 7,500 11,790 Machinery & Equipment 7,553 4,347 11,900 TOTAL: MUNICIPAL COURT 11,847 POLICE Employee Benefits 1,226,076 (52,000) 1,174,076 Decrease to Employee Benefits is a result of the annual true-up process* Uniforms 45,335 1,871 47,206 Increase related to grant monies received through the Bulletproof Vest Program TOTAL: POLICE (50,129) Increase to cover costs associated with the co-location of the Milton and Alpharetta municipal courts to the Public Safety Complex: $7,500 for HVAC and electrical upgrades/$4,347 for furniture & fixtures 9 of 20 Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: FIRE Employee Benefits 1,825,090 12,000 1,837,090 Increase to Employee Benefits is a result of the annual true-up process* TOTAL: FIRE 12,000 PARKS & RECREATION (ACTIVE) Salaries & Wages 276,979 (80,000) 196,979 Release funds recognized through position vacancies and department restructuring TOTAL: PARKS & RECREATION (ACTIVE)(80,000) COMMUNITY DEVELOPMENT Employee Benefits 413,590 (54,667) 358,923 Decrease to Employee Benefits is a result of the annual true-up process* Professional Fees 275,150 (40,000) 235,150 Release funds related to the change in timing related to updating the Crabapple and Deerfield Form-Based Codes TOTAL: COMMUNITY DEVELOPMENT (94,667) ECONOMIC DEVELOPMENT Salaries & Wages 80,047 (8,500) 71,547 Employee Benefits 31,705 (8,000) 23,705 TOTAL: ECONOMIC DEVELOPMENT (16,500) OTHER FINANCING USES Contingency 236,217 (236,217) - Release contingency to fund balance Operating Transfer Out to Capital Projects Fund 12,637,056 1,017,977 13,655,033 Increase to account for the transfer of $17,977 from the sale of surplus Police vehicles and $1,000,000 towards the development of a new active park complex TOTAL: OTHER FINANCING USES 781,760 TOTAL EXPENDITURES $ 605,419 Total Revenues Over/(Under) Expenditures 342,873$ Decrease related to the reclassification of the Economic Development Manager from full-time to part-time *Budgets for certain employee benefit categories are based on an average projected cost per employee and trued-up based on actual expenses across departments at year-end. 10 of 20 FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues -$ -$ -$ Expenditures 3,033$ 9,201$ 12,234$ Total Revenues Over/(Under) Expenditures (3,033)$ (9,201)$ (12,234)$ Beginning Fund Balance 99,238$ 99,238$ ENDING FUND BALANCE 96,205$ 87,004$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 1,651,649$ 119,323$ 1,770,972$ Expenditures 1,651,649$ 119,323$ 1,770,972$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues -$ 7,391,712$ 7,391,712$ Expenditures -$ -$ -$ Total Revenues Over/(Under) Expenditures -$ 7,391,712$ 7,391,712$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ 7,391,712$ AMERICAN RESCUE PLAN (ARP) ACT OF 2021 FUND OPERATING GRANT FUND Special Revenue Funds Budget Summaries CONFISCATED ASSETS FUND 11 of 2011 of 20 CONFISCATED ASSETS FUND The Confiscated Assets Fund is utilized to account for the use of confiscated assets by the City’s Police Department. Both federal and state confiscated assets are maintained within this fund, and guidelines by both jurisdictions must be adhered to. Proposed Budget Amendments Fiscal Year 2021 CONFISCATED ASSETS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Other Equipment/State Funds - 1,299 1,299 Other Equipment/Federal Funds - 7,902 7,902 TOTAL EXPENDITURES $ 9,201 Total Revenues Over/(Under) Expenditures (9,201)$ Set budget for purchases made with federal confiscated funds 12 of 2012 of 20 OPERATING GRANT FUND The City’s Operating Grant Fund accounts for the revenues and expenditures related to grant funding for day-to-day operations. Milton was approved for $119,323 in funds from the Department of Justice and the Criminal Justice Coordinating Council (CJCC) to reimburse the City for expenses related to a qualifying program under the Law Enforcement Mental Health and Wellness Act (LEMHWA) Program. The following amendments are to recognize the revenues in the Operating Grant Fund, to allocate funding for related dues & fees and equipment, and to transfer funding related to staff time to the General Fund. Proposed Budget Amendments Fiscal Year 2021 OPERATING GRANT FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL Federal Gov Grant/Department of Justice - 119,323 119,323 TOTAL: INTERGOVERNMENTAL 119,323 TOTAL REVENUES $ 119,323 EXPENDITURES: POLICE Dues & Fees - 25,200 25,200 Other Equipment - 29,695 29,695 TOTAL: POLICE 54,895 OPERATING TRANSFERS OUT Operating Transfer Out to General Fund 1,651,649 64,428 1,716,077 Transfer out to the General Fund to reimburse the fund for overtime expenses related to grant funding through the DOJ TOTAL: OPERATING TRANSFERS OUT 64,428 TOTAL EXPENDITURES $ 119,323 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition Increase to account for expenses related to grant funding through the DOJ 13 of 2013 of 20 AMERICAN RESCUE PLAN (ARP) ACT OF 2021 FUND This fund will account for all Local Fiscal Recovery Funds received through the American Rescue Plan (ARP) Act of 2021. Milton is scheduled to receive $14.8 million. The first half of those funds were received in July 2021 and the amendment below is to recognize those revenues. Corresponding expense budgets and transfers will be addressed once final guidance has been issued from the Department of Treasury and Council has approved a plan to spend the funds. Proposed Budget Amendments Fiscal Year 2021 AMERICAN RESCUE PLAN (ARP) ACT OF 2021 FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL Federal Gov Trfr (Non-Grant)/American Rescue Plan - 7,391,612 7,391,612 TOTAL: INTERGOVERNMENTAL 7,391,612 INVESTMENT INCOME Interest Revenue - 100 100 TOTAL: INVESTMENT INCOME 100 TOTAL REVENUES $ 7,391,712 Total Revenues Over/(Under) Expenditures 7,391,712$ Change in revenue recognition 14 of 2014 of 20 FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 12,908,968$ 1,270,561$ 14,179,529$ Expenditures 24,933,903$ 1,222,429$ 26,156,331$ Total Revenues Over/(Under) Expenditures (12,024,935)$ 48,132$ (11,976,803)$ Beginning Fund Balance 12,039,016$ 12,039,016$ ENDING FUND BALANCE 14,082$ 62,214$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 7,579,178$ 665,584$ 8,244,762$ Expenditures 25,311,574$ 252,584$ 25,564,158$ Total Revenues Over/(Under) Expenditures (17,732,396)$ 413,000$ (17,319,396)$ Beginning Fund Balance 17,777,064$ 17,777,064$ ENDING FUND BALANCE 44,668$ 457,668$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 1,303,098$ 474,904$ 1,778,003$ Expenditures 2,278,072$ 474,904$ 2,752,977$ Total Revenues Over/(Under) Expenditures (974,974)$ -$ (974,974)$ Beginning Fund Balance 975,930$ 975,930$ ENDING FUND BALANCE 955$ 955$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 875,500$ 420,492$ 1,295,992$ Expenditures 3,083,617$ 420,492$ 3,504,109$ Total Revenues Over/(Under) Expenditures (2,208,117)$ -$ (2,208,117)$ Beginning Fund Balance 2,208,117$ 2,208,117$ ENDING FUND BALANCE -$ -$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND CAPITAL GRANT FUND IMPACT FEES FUND TSPLOST FUND 15 of 2015 of 20 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than three years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Fulton County IGA Funding - 252,584 252,584 TOTAL: CHARGES FOR SERVICE 252,584 OTHER FINANCING SOURCES Operating Transfers In From General Fund 12,637,056 1,017,977 13,655,033 TOTAL: OTHER FINANCING SOURCES 1,017,977 TOTAL REVENUES 1,270,561 EXPENDITURES: Vehicles/Replacement Reserve (Police)430,511 17,977 448,488 Increase to account for $17,977 from the sale of surplus Police vehicles Site Improvements/Providence Park 2,045,340 (358,904) 1,686,436 Transfer the City's portion of the grant funded projects at Providence Park to the Capital Grant Fund ($326,422 trail/$32,483 lake pier) Site Improvements/Cox Road 519,632 (420,492) 99,140 Correct booking for Cox Road impact fee eligibility (this allocation will allow impact fees to be utilized on the upcoming turfing project at the site) CAPITAL PROJECTS FUND Change in Revenue Recognition 16 of 2016 of 20 Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Site Improvements/New Active Park Complex - 1,000,000 1,000,000 Transfer of fund balance from the General Fund to begin funding the build out of a new active park complex once a site has been identified Contingency 48,132 (48,132) - Release contingency to fund balance, this amount will be reallocated to contingency in FY 2022 to meet the requirements of the contingency policy for the Capital Projects Fund Operating Transfer Out to Capital Grant Fund - 358,904 358,904 Transfer the City's portion of the grant funded projects at Providence Park to the Capital Grant Fund ($326,422 trail/$32,483 lake pier) Operating Transfer Out to Impact Fee Fund - 420,492 420,492 Transfer funds back to the impact fee account for Cox Road to be utilized on the upcoming turfing project Operating Transfer Out to TSPLOST Fund 45,528 252,584 298,112 Transfer funding from the Fulton County IGA for water service improvements on the NE Crabapple Road project to the project account in the TSPLOST Fund TOTAL EXPENDITURES 1,222,429 Total Revenues Over/(Under) Expenditures 48,132$ CAPITAL PROJECTS FUND 17 of 2017 of 20 TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in anticipated sales tax revenues and a decrease in investment income anticipated has been requested. In addition, the budget for revenues received from an IGA with Fulton County for water service improvements on the NE Crabapple Road project are being recognized in the Capital Projects Fund and transferred in to the TSPLOST fund to comply with chart of account guidelines. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Transportation Special Purpose Local option Sales Tax 6,868,450 415,000 7,283,450 TOTAL: TAXES 415,000 INVESTMENT INCOME Realized Gain or Loss (GA Fund 1)10,200 (2,000) 8,200 TOTAL: INVESTMENT INCOME (2,000) OTHER FINANCING SOURCES Operating Trfr In From the Capital Projects Fund 45,528 252,584 TOTAL: OTHER FINANCING SOURCES 252,584 TOTAL REVENUES $ 665,584 EXPENDITURES: (3) NE Crabapple Connector MIL-005/MIL-030 2,078,824 252,584 2,331,408 Allocate funding from the Fulton County IGA for water service impr o vements on the NE Crabapple Road project TOTAL EXPENDITURES $ 252,584 Total Revenues Over/(Under) Expenditures 413,000$ TSPLOST FUND Change in revenue recognition 18 of 2018 of 20 CAPITAL GRANT FUND The Capital Grant Fund is a capital project fund that accounts for grant related funding used to finance major capital projects. The amendments below correspond to a new grant received through the Local Maintenance & Improvement Grant (LMIG) program and a transfer from the Capital Projects Fund for expenses associated with the construction of a new trail and lake pier at Providence Park. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL Stat e Gov Grant/LMIG Funds-SAP - 116,000 116,000 TOTAL: INTERGOVERNMENTAL 116,000 OTHER FINANCING SOURCES Operating Transfers In From Capital Projects Fund - 358,904 358,904 TOTAL: OTHER FINANCING SOURCES 358,904 TOTAL REVENUES $ 474,904 EXPENDITURES BY PROJECT: Traffic Calming - 116,000 116,000 Allocate grant funding received from LMIG Safety Action Plan for use towards initiatives identified as part of the City's Local Road Safety Plan Park & Trail Expansion 242,011 326,422 568,433 Site Improvements/Lake Pier 186,050 32,483 218,533 TOTAL EXPENDITURES $ 474,904 Total Revenues Over/(Under) Expenditures -$ CAPITAL GRANT FUND Change in revenue recognition Transfer the City's portion of the grant funded projects at Prov i dence Park to the Capital Grant Fund ($326,422 trail/$32,483 lake pier) 19 of 2019 of 20 IMPACT FEES FUND The Impact Fees Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. The following adjustments are to correct the allocation of impact fees utilized in the initial purchase of Cox Road. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OTHER FINANCING SOURCES Operating Transfers In From Capital Projects Fund - 420,492 420,492 TOTAL: OTHER FINANCING SOURCES 420,492 TOTAL REVENUES $ 420,492 EXPENDITURES: Site Improvements/Cox Road 1,017,108 420,492 1,437,600 TOTAL EXPENDITURES $ 420,492 Total Revenues Over/(Under) Expenditures -$ IMPACT FEES FUND Change in revenue recognition Correct booking for Cox Road impact fee eligibility (this allocation will allow impact fees to be utilized on the upcoming turfing project at the site) 20 of 2020 of 20 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2022 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on September 2, 2021 for First Presentation on the September 8, 2021 Regular Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2022 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available Overview and Financial Highlights: Please find the presentation of the proposed FY 2022 Budget Book enclosed. In FY 2021, the City procured a tool that will allow for the creation of a digital budget book through the ClearGov platform. As staff builds out the content in the online portal, the FY 2022 proposed budget will be submitted as a presentation rather than a draft budget book as in years past. The City will be submitting the completed budget book to the Government Finance Officers Association (GFOA) for consideration through the Distinguished Budget Presentation Award Program and has 90 days from the adoption of the budget to complete the book and submit it for review. The City was successful in obtaining this award in FY 2019, FY 2020, and FY 2021 and has expectations that this year’s digital budget book will be successful as well. The FY 2022 budget book will include all the features that Milton citizens and stakeholders have become accustomed to seeing and will feature enhanced performance measures for the first time. These performance measures aim to provide objective measures of progress toward accomplishing Milton’s mission, the priorities set out in Strategic Plan 2021-2025, and the goals and objectives identified by each department. The enclosed presentation includes all the data required to transparently explain the proposed budget from ongoing operations and new initiatives as well as the Message from the City Manager and the Executive Summary. The digital budget book will contain additional contextual information and supporting features that explain how Milton goes about making its budgetary decisions that will assist citizens in a better understanding of Milton’s budget process, financial policies, and practices. Please note, no material changes to figures, variances, or explanations will change without direction from Mayor & Council or the City Manager at this point. Any changes will be disclosed in a transparent and clear manner at the second public hearing to be held on September 20, 2021 before the Council makes a motion to adopt the budget. Please find the FY 2022 Proposed Budget presentation in a separate link under the September 8, 2021 calendar info at www.cityofmiltonga.us STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2022 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed Fiscal Year 2022 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the Fiscal Year 2022 Budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part here of this ordinance shall be the City of Milton’s Fiscal Year 2022 Budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 20th day of September, 2021. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ Tammy Lowit, City Clerk First Reading: September 8, 2021 First Public Hearing: September 8, 2021 Second Public Hearing: September 20, 2021 Adoption: September 20, 2021 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Final Consent Order to Settle Condemnation Action Re: Hopewell @ Bethany Bend – Parcel 4 Stepanek (Civil Action File No. 2021CV351579) MEETING DATE: Wednesday, September 8, 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: __________ September 8, 2021 X X X X To: Honorable Mayor and City Council Members From: Kathleen Taylor, Assistant City Attorney Sara Leaders, Acting Public Works Director Date: Submitted on August 30, 2021, for the September 8, 2021, Regular City Council Meeting Agenda Item: Consideration of Final Consent Order to Settle Condemnation Action Re: Hopewell @ Bethany Bend – Parcel 4 Stepanek (Civil Action File No. 2021CV351579) _____________________________________________________________________________________ Executive Summary: To construct a roundabout at the intersection of Hopewell Road and Bethany Bend, the City required 0.063 acres of fee simple right of way and 0.031 acres of temporary construction easement from property owned by Donald Stepanek (Parcel 4), for which the City’s estimate of just and adequate compensation was $73,100.00. After negotiation, the City and Mr. Stepanek signed a purchase agreement for $79,510.00, but was unable to obtain the required release from Chase Bank for the purchase. The City instituted eminent domain proceedings in Fulton County Superior Court to obtain the right of way and temporary easement. As required by statute, the City deposited just and adequate compensation of $73,100.00 into the registry of the Court. Chase Bank subsequently agreed to settle in the amount of $79,510.00, as previously authorized by City Council. The proposed Final Consent Order and Judgment is before the Council to allow its terms to be approved in an open meeting before the order is submitted to the Superior Court. The Order requires: (1) the City to deposit $6,410.00 into the registry of the court; (2) the Fulton County Superior Court Clerk to pay $29,076.81 to Condemnee Chase Bank and $50,433.19 to Donald Stepanek, for a total of $79,510.00 per the agreement reached between the parties; and (3) for the sums paid out to constitute a final settlement and judgment of all issues and claims. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 335-4101-541400004 Requisition Total: $6,410.00 (Damages) Financial Review: Bernadette Harvill, August 30, 2021 Legal Review: Kathleen Taylor, Jarrard & Davis LLP, August 30, 2021 Attachment(s): Proposed Final Consent Order and Judgment Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 1 of 6 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA, ) ) Condemnor, ) ) v. ) CIVIL ACTION FILE ) NO. 2021CV351579 0.063 ACRES OF FEE SIMPLE RIGHT OF WAY; ) 1.328.82 SQUARE FEET OF TEMPORARY ) CONSTRUCTION EASEMENT; TWO (2) ) TEMPORARY DRIVEWAY EASEMENTS; ) DONALD G. STEPANEK; JPMORGAN CHASE ) BANK, N.A., ) ) Condemnees. ) FINAL CONSENT ORDER AND JUDGMENT The above-styled case is before the Court pursuant to the consent of Condemnees Donald G. Stepanek and JP Morgan Chase Bank, N.A. (collectively, “Condemnees”) and Condemnor Milton, Georgia (“Condemnor”). WHEREAS, Condemnor condemned 0.063 acres of fee simple right of way, 1.328.82 square feet of temporary easement and two (2) temporary driveway easements in the above-styled case; and WHEREAS, Condemnor initially deposited Seventy Three Thousand One Hundred and No/100 Dollars ($73,100.00) on July 7, 2021, into the registry of Fulton County Superior Court as estimated total just and adequate compensation for all property rights acquired in the instant action (the “Estimated Compensation”); and WHEREAS, Condemnees Donald G. Stepanek and JP Morgan Chase Bank, N.A. made a claim to the Estimated Compensation or filed Notices of Appeal making claims for additional Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 2 of 6 compensation; and WHEREAS, all named parties appear to be served; and WHEREAS, no other party has made a claim for or appealed the estimate of just and adequate compensation or has otherwise challenged Condemnor’s right to acquire the property rights acquired in the instant action; and WHEREAS, the undersigned parties desire to reach a full and final settlement of the instant action, including a final determination of all issues raised or which could have been raised in the case; and WHEREAS, the parties hereto are in agreement that the total sum of Seventy-Nine Thousand Five-Hundred Ten and No/100 Dollars ($79,510.00) constitutes total just and adequate compensation for all property rights acquired in this action; and WHEREAS, Condemnor will deposit an additional Six Thousand Four Hundred Ten and No/100 Dollars ($6,410) into the registry of the court, bringing the total amount deposited by Condemnor into the registry of Fulton County Superior Court as just and adequate compensation for property rights acquired in this action to Seventy-Nine Thousand Five-Hundred Ten and No/100 Dollars ($79,510.00); and WHEREAS, Condemnees, by the signature of their representatives below, wish to accept the total amount of Seventy-Nine Thousand Five-Hundred Ten and No/100 Dollars ($79,510.00), in full settlement of the property rights condemned in this matter and forever waive any and all further compensation, claims, and damages that may have been brought by Condemnees in this proceeding; and WHEREAS, the Condemnees with outstanding claims are in agreement that Twenty-Nine Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 3 of 6 Thousand Seventy-Six Dollars and 81/100 Cents ($29,076.81) in total just and adequate compensation shall be disbursed to Condemnee JP Morgan Chase Bank, N.A. and Fifty-Thousand Four-Hundred Thirty-Three Dollars and 19/100 Cents ($50,433.19) shall be disbursed to Condmnee Donald G. Stepanek. NOW THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that $79,510.00 constitutes just and adequate compensation for the property rights condemned in this matter, including any claims for damages or business loss arising out of, resulting from, or related to the subject condemnation. IT IS FURTHER ORDERED AND ADJUDGED that Condemnor is directed to deposit an additional $6,410.00 into the Registry of the Court, bringing the funds available for payment to Condemnees in this action to $79,510.00. IT IS FURTHER ORDERED AND ADJUDGED The Fulton County Superior Court Clerk is hereby directed to pay $29,076.81 by check made payable to “Kimberly Wright as Attorney for Condemnees JP Morgan Chase Bank, N.A,” and mail the same to: McCalla Raymer Leibert Pierce, LLC Kimberly Wright, Esq. 1544 Old Alabama Road Roswell, GA 30076 IT IS FURTHER ORDERED AND ADJUDGED that The Fulton County Superior Court Clerk is hereby directed to pay $50,433.19 by check made payable to “Donald G. Stepanek” and mail the same to: Donald G. Stepanek 2325 Bethany Bend Milton, GA 30004 IT IS FURTHER ORDERED that all issues that could have been raised in this action, Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 4 of 6 including the amount and description of the property rights and interests acquired by virtue of this action as depicted in the Declaration of Taking and Appendices attached thereto, those of just and adequate compensation for the property rights and interests acquired, consequential damages, business damages, relocation expenses, and other damages which could have been sought in this action are concluded, and all Condemnees named in this action shall have no further claim against Condemnor with respect to this in rem condemnation action. Each party shall bear its own attorneys’ fees and costs. Upon payment of the funds as set forth above, the matter shall be concluded, and the file shall be closed. SO ORDERED and ADJUDGED, this ____ day of August 2021. __________________________________ Judge Fulton County Superior Court Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 5 of 6 Prepared and consented to by: JARRARD & DAVIS, LLP ______________________________ Christopher Hamilton Georgia Bar No. 320853 Kathleen A. Taylor Georgia Bar No. 973286 222 Webb Street Cumming, GA 30040 (678) 455-7150 (telephone) (678) 455-7149 (facsimile) chamilton@jarrard-davis.com ktaylor@jarrard-davis.com Attorneys for Condemnor Milton, Georgia Consented to by: MCCALLA RAYMER LEIBERT PIERCE, LLC __________________________________ Kimberly Wright, Esq. Georgia Bar No. _________ (by Kathleen A. Taylor, with express permission) 1544 Old Alabama Road Roswell, GA 30076 (678) 281-6492 (telephone) kimberly.wright@mccalla.com Attorneys for Condemnee JP Morgan Chase Bank, N.A. Consented to by: _________________________________ Donald G. Stepanek, Pro Se (by Kathleen A. Taylor, with express permission) 2325 Bethany Bend Milton, GA 30004 Condemnee Milton v. 0.063 Acres Fee Simple Right of Way, 1.328.82 Square Feet of Temporary Construction Easement, et al.; 2021CV351579 Hopewell at Bethany Bend Parcel 4 Consent Order and Judgment; Page 6 of 6 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA, ) ) Condemnor, ) ) v. ) CIVIL ACTION FILE ) NO. 2021CV351579 0.063 ACRES OF FEE SIMPLE RIGHT OF WAY; ) 1.328.82 SQUARE FEET OF TEMPORARY ) CONSTRUCTION EASEMENT; TWO (2) ) TEMPORARY DRIVEWAY EASEMENTS; ) DONALD G. STEPANEK; JPMORGAN CHASE ) BANK, N.A., ) ) Condemnees. ) RULE 23 CERTIFICATE I hereby certify in accordance with Uniform Rule of Superior Court 23 that the order presented in the above-captioned case to draw down funds from the registry of court is done with written consent of all parties, or their counsel, who have filed claims of record in this case, and whose interest has not previously been foreclosed by judicial decree or by failure to timely file a notice of appeal within thirty (30) days of service as required by O.C.G.A. § 32-3-14. I further certify that provision is made in this order for the payment of all local, state, and federal government taxes, or assessments of record. I understand that the truth of the statements contained in this certificate is a condition precedent to the issuance of a valid order to pay the funds from the registry of the court. This ___ date of August 2021. JARRARD & DAVIS, LLP _________________________ Kathleen A. Taylor Georgia Bar No. 973286 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License for Ancillary Tasting to Rihaan Liquors Inc dba Milton Package Store, 13093 Hwy 9 Suite 1010, Milton, Georgia 30004 MEETING DATE: Wednesday, September 8, 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 September 8, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on August 31, 2021 for the September 8, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License for Ancillary Tasting to Rihaan Liquors Inc dba Milton Package Store, 13093 Hwy 9 Suite 1010, Milton, Georgia 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Rihaan Liquors Inc dba Milton Package Store, for ancillary tasting of alcoholic beverages. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. This application is submitted due to the desire of the establishment to add ancillary tasting to the alcohol beverage license they already hold for Package Retail of Wine and Malt Beverages, Distilled Spirits and Sunday Sales. Sec. 4-93 allows the holder of an off-premises retail license to provide samples it offers for sale by the package to patrons within the enclosed portion of the premises. Sampling for patrons shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor (or any proportional combination of the two) in any two-hour period. The hours during which tastings may be conducted are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Rihaan Liquors Inc dba Milton Package Store Contact Name: Rakesh Patel Business Address: 13093 Hwy 9 Suite 1010, Milton, Georgia 30004 Type of License: Ancillary Tasting Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 31, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Memorandum of Understanding Between the City of Milton and the City of Alpharetta to Waive Non- Resident Fees Associated with Football Programming MEETING DATE: Wednesday, September 8, 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 September 8, 2021 To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on August 30, 2021 for the September 8, 2021 Regular Council Meeting Agenda Item: Consideration of a Memorandum of Understanding Between the City of Milton and the City of Alpharetta to Waive Non-Resident Fees Associated with Football Programming ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Memorandum of Understanding Between the City of Milton and the City of Alpharetta. Executive Summary: The proposed Memorandum of Understanding (MOU) between the City of Milton and the City of Alpharetta would waive the associated non-resident fees in the football programs. Currently, the North Atlanta Football League (NAFL) provides the football programming for both the City of Alpharetta and the City of Milton. This MOU would allow residents of both cities to participate at the resident rate, regardless of the city they participate with. It will also allow for a more seamless football program, since NAFL already offers programming to both cities. If approved, the MOU will go into effect immediately. Both parties shall have the ability to terminate the MOU with written notice of non-renewal to the other City at least 180 days prior to the expiration of the then-applicable term. Funding and Fiscal Impact: Under this MOU, no fees or commissions would be paid to the City of Alpharetta. However, there is minimal fiscal impact that stems from waiving non-resident fees from those Alpharetta residents. In 2020, we had 32 total registrations from Alpharetta residents in the Milton football program. That computed to $2,880.00 in non-resident fees. Staff believes that the benefits of this proposed MOU outweigh the financial impact. Alternatives: If this MOU is not approved, staff’s ongoing search for quality programming for our Milton residents will continue. Legal Review: Dennis Bost, August 13, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Memorandum of Understanding Between the City of Milton and the City of Alpharetta MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ALPHARETTA AND THE CITY OF MILTON FOR FOOTBALL COOPERATION THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the City of Alpharetta (" Alpharetta"), a municipal corporation of the State of Georgia, and the City of Milton ("Milton") a municipal corporation of the State of Georgia (Alpharetta and Milton each a "city" ). WHEREAS, the Cities of Alpharetta and Milton are adjoining communities in North Fulton County; and WHEREAS, as authorized by Article IX, Section II, Paragraph III of the Georgia Constitution, each City maintains and provides staff for its respective recreation department for the purpose of providing recreation and parks services; and WHEREAS, the Cities have determined that it is to their best Interest and mutual advantage to share certain programs and facilities; and WHEREAS, Article IX, Section III, Paragraph I of the Georgia Constitution provides that cities may contract with each other for the joint use of facilities and the provision of services that they are otherwise legally authorized to provide; and WHEREAS both cities have made major investments in football fields for the benefits of their citizens; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree as follows: 1. GENERAL PURPOSE OF MOU. The purpose of this MOU Is to take another step to continue to foster a long-term mutually beneficial relationship between Alpharetta and Milton as it relates to parks and recreation programs and services as a way to better serve the Cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. 2. GENERAL RESPONSIBILITIES OF PARTIES. a) Alpharetta and Milton will jointly operate the football program through the North Atlanta Football League (NAFL) subject to NAFL's continuing compliance with each City's requirements. The board of the NAFL will have equal representation from both cities and will notify both cities of board meetings. b) Under this agreement all participants from either City will pay resident fees and there will be no distinction of cities for the formation of teams. c) Full time employees of each City and their immediate family members living in the same 1 household will be considered residents of the city in which they are employed. These guidelines are not applicable for part-time and seasonal employees, contract vendors, and volunteers. d) The MOU shall become effective September 1, 2021 and will renew automatically for one- year terms on January 15C of each subsequent year. e) This MOU shall continue unless either City delivers written notice of non -renewal to the other City at least one hundred eighty (180) days prior to the expiration of the then -applicable term. If written notice of nonrenewal is given, this MOU will terminate upon the expiration of the existing term. Nothing stated herein shall obligate either City to extend this MOU beyond the term or any renewal term. f) At the conclusion of each Fall season, Alpharetta and Milton officials (to include the Mayors and City Manager/Administrator, or their designees), shall evaluate the effectiveness of the MOU in the meeting goals established in Section 1 of this MOU. Officials shall evaluate participation in the recreational youth NAFL, and the other terms of the MOU to ensure they are fair and just for both parties. The parties shall exercise their best efforts to resolve any issues. 3. ADMINISTRATION. a) The parties place high value on regular, timely and full communications between themselves, and commit themselves to ensuring strong communication links through their actions. b) Each party will designate a single point of contact to coordinate all activities, related to this MOU, between the parties involved. c) Communication between the two parties at the highest level (Mayors, City Administrator/City Manager) will take place if judged necessary by the respective Recreation & Parks Director or Recreation Manager of each City. d) More specific delineations of roles, responsibilities, resources, and commitments concerning particular matters may be addressed in written guidelines approved by the Alpharetta Recreation & Parks Director or designee, and the Milton Recreation Manager, if such guidelines are consistent with the general purposes of this MOU. Such guidelines shall be for administrative convenience and shall not be legally binding on either City until approved by the City's respective governing authority. e) Unless otherwise provided for herein, this MOU does not impose specific program, resources, or budgetary obligations on either party. 4. OTHER PROVISIONS. a) Insurance. Each City shall be responsible for obtaining and maintaining its own liability and property insurance against losses or liability related to this MOU. b) No Third Party Beneficiaries. There are no third party beneficiaries to this MOU. No person or entity other than a party to this MOU shall have any rights hereunder or any authority to 2 enforce its provisions. Nothing in this MOU shall be deemed to waive either party's sovereign or other immunity. c] Relationship Between the Parties. In consideration of the mutual services provided herein, both parties agree that nothing contained herein is intended to be or should be construed in any manner as creating or establishing the relationship of partners or joint ventures between the parties hereto or as constituting an agency relationship in any manner whatsoever. The individual parties are and shall remain independent entities with respect to all services performed under this MOU. Each party represents that it has, or will secure all its expense, all personnel required in performing its service obligations under this MOU and that the acts of its employees performing the services under this MOU shall be the acts of employees of that entity alone. Each entity agrees that in the performance of this mutual service, its employees shall not require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the other party to this MOU, including, but not limited to, medical and hospital care, sick and vacation leave, disability, Worker's Compensation or Unemployment Compensation. d) Severability. In the event any part or provision of this MOU is held to be invalid, the remainder of this MOU shall not be affected thereby and shall continue in full force and effect. e) Applicable Law. This MOU shall be governed in all respects as to the validity, construction, capacity, performance, or otherwise by the laws of the State of Georgia. f) Counterpart s. This MOU may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. g) Force Majeure. The requirements of this MOU shall be suspended for reasons outside a party's reasonable control, provided that the impacted party shall promptly notify the other party upon the beginning and conclusion of such force majeure event or situation. h) Notice. Formal notice under this MOU shall be sent via certified mail or overnight carrier to the City Manager/City Administrator of the applicable party at its then -current address. i) 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, in connection with this MOU. (SIGNATURES CONTINUE ON THE FOLLOWING PAGE] KI IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year written below. -L� C. Sam Thomas, P.C. City Attorney for the City of Alpharetta, Georgia CITY OF MILTON, GEORGIA Date: By: Joe Lockwood, Mayor APPROVED AS TO FORM: Ken Jarrard, City Attorney for the City of Milton, Georgia 4