HomeMy WebLinkAboutAgenda Packet CC - 08/18/2008 - 08-18-2008-Packet (Migrated from Optiview)CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, August 18, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Tass Welch, Community Minister, Community of Christ Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
(Agenda Item No. 08-646)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-647)
1. Approval of the August 4, 2008 Special Called Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-648)
2. Approval of the August 4, 2008 Regular Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS
1. A Proclamation celebrating the 225th Anniversary of the Treaty of Paris.
(Presented by Councilmember Bill Lusk)
8) FIRST PRESENTATION (None)
9) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 18, 2008 – 6:00 PM
(Agenda Item No. 08-649)
1. Approval of Alcohol Beverage Application for Target Store T-2431 at 139055 Highway
9. Applicant is Target Corporation for Wine and Malt Beverage.
(Presented by Stacey Inglis, Finance Manager)
END OF PUBLIC HEARING
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS
(Agenda Item No. 08-626)
1. Approval of an Ordinance Amending Chapter 15, Health and Public Safety to reflect the
composition of the Milton Department of Public Safety.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-638)
2. Approval of an Ordinance Accepting the Georgia Municipal Employee Benefit System
Official Plan Document for Retirement Program.
(Presented by Connie Jacobs Human Resources Manager)
(Agenda Item No. 08-639)
3. Approval of an Ordinance to Adopt the City of Milton Trail Development Standards.
(Presented by Dan Drake, Public Works Director)
12) NEW BUSINESS
(Agenda Item No. 08-640)
1. Approval of two facility use agreements with Hopewell Youth Association for baseball
programs at Bell Park (This item was deferred on August 4, 2008.)
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-650)
2. Approval for the Public Safety Department to execute a memorandum of understanding
with the Bureau of Alcohol, Tobacco and Firearms regarding participation in Metro
Atlanta Arson Task Force.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-651)
3. Approval of a Solid Waste Management Plan agreement with consultant.
(Presented by Dan Drake, Public Works Director)
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 18, 2008 – 6:00 PM
(Agenda Item No 08-652)
4. Approval to award a contract to CW Matthews for Paving Services (Construction) in the
amount of $621,033.43, and provide authority to the City Manager to execute the
agreement with the contractor.
(Presented by Dan Drake, Public Works Director)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (if needed)
(Agenda Item No. 08-653)
16) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
The minutes will be
Provided
electronically
`Treaty of Paris Ending the Revolutionary War
225th Anniversary
WHEREAS, when the first rays of daylight broke on the Lexington Green on April 19, 1775, "the shot heard round
the world" was fired as British soldiers and American patriots clashed and sparked the war of American
Independence, and
WHEREAS, delegates to the Second Continental Congress declared on July 4, 1776 that "these colonies are, and of
Right ought to be Free and Independent States" and in support of that declaration mutually pledged to each other
their Lives, their Fortunes, and their Sacred Honor, and
WHEREAS, General George Washington led an army of American patriots who lacked everything but courage,
shouldered every burden and adversity, and persevered for eight long years to secure blessings of liberty for
themselves and their posterity, and
WHEREAS, the liberty of our nation was rescued often by the largesse of France's King Louis XVI and Spain's
King Carlos III and served by the daring of Europe's elite military officers, including La Fayette, Rochambeau, von
Stuben, Pulaski, DeKalb and Galvez, and
WHEREAS, the surrender of British forces under the command of General Lord John Cornwallis at the Battle of
Yorktown on October 19, 1781 by the allied forces under the command of General George Washington and General
Comte de Rochambeau set the stage for peace initiatives abroad, and
WHEREAS, Congress appointed Benjamin Franklin, John Adams, and John Jay to represent the United States and
David Hartley was appointed by Great Britain's King George III to negotiate terms for peace; and
WHEREAS, on September 3, 1783, the peace commissioners of the United States and Great Britain signed a Treaty
of Peace in Paris which recognized American Independence and boundaries and declared the intention of both
parties to "forget all past misunderstandings and differences" and "secure to both perpetual peace and harmony," and
WHEREAS, Great Britain also signed the Treaty of Peace in Paris on September 3, 1783 with France and Spain
and provisionally with the Netherlands to bring a cessation of hostilities between the nations; and
WHEREAS, the Georgia Society of the Sons of the American Revolution, an organization of lineal descendents of
the patriots of the American Revolution, encourages public observances of the 225th Anniversary of the Treaty of
Paris on September 3, 2008;
NOW, THEREFORE, we, the Mayor and Council hereby recognize and proclaim September 3, 2008 as Treaty of
Paris Day in Georgia and encourage public observances of this anniversary.
Given under my hand and the Seal of the City of Milton, Georgia, on this 18th day of August, 2008.
_____________________________
Joe Lockwood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on July 24 for August 18, 2008 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Target Store T-2431
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Target Store T-2431 for retail of wine
and malt beverage.
Background:
City of Milton Ordinance Chapter 7 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.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Target Store T-2431
Owner(s) Name: Target Corporation
Business Address: 13055 Highway 9
Type of License to be Issued: Retail – Wine and Malt Beverage
Concurrent Review:
Billy Beckett, City Manager
Alice Wakefield, Director of Community Development
Chris Lagerbloom, Public Safety Director
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: ML Marietta, Milton Department of Public Safety
Date: Submitted on July 18, 2008 for the August 4, 2008 Council Meeting for First
Presentation and the August 18, 2008 Council meeting for Second Reading
Agenda Item: Amendment of Chapter 15: Health and Public Safety to reflect the composition of
the Milton Department of Public Safety
City Manager’s Office Recommendation:
Adopt the attached resolution approving the amendment of the ordinance governing
composition and structure of the Milton public safety function to reflect the current needs of the
department.
Background:
The Milton Department of Public Safety was formed with a blended senior management style,
with both the police and fire operations managers reporting to the deputy fire chief. Alternately,
the support function was managed by a police major. The department will better reflect the
standards of both the police and fire professions if each operational unit was under the direction
of senior police and fire personnel. This will allow the respective managers (fire captains and
police lieutenants) to report to senior officers who share their professional expertise.
It also allows for changes in the department policy manuals in accordance with professional and
accreditation standards without requiring a full council vote. In this vein, the proposed change
mandates the policy manual itself, but does not place the actual minutia of police operations
under council review. As a consequence, routine changes (such as the color of the name tag
on the uniform, or an operational change required by new case law) may be accomplished
without the necessity of continuously bringing the manual before council for review and
approval.
Additionally, it addresses in City Code the adoption of the National Incident Management
System on a city-wide basis.
Finally, the revision adds a fee schedule for services provided by the Fire Marshal.
Funding and Fiscal Impact:
The majority of the changes in this chapter are based in policy and will be revenue neutral. The
addition of fees for fire marshal inspections and reviews are consistent with surrounding
jurisdictions and will represent a new revenue stream for the City (which will currently be used to
offset contracting fire marshal services).
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
Alternatives:
Over the past year we have observed numerous difficulties operating under the current system.
As a consequence, while the Milton Department of Public Safety can continue to operate under
the currently established system, it is not in the best interest of the organization and, by
extension, the public in general, to continue to do so. There are therefore no viable alternatives
to these proposed changes.
Concurrent Review:
Chris Lagerbloom, Public Safety Director
Jarrard and Davis, LLP, City Attorneys
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON, GEORGIA,
HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15 AS IT PERTAINS TO
THE ORGANIZATIONAL STRUCTURE OF THE MILTON DEPARTMENT OF
PUBLIC SAFETY
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular
session on the 21st day of July, 2008 at 6:00 p.m. as follows:
SECTION 1, The city council of the City of Milton adopted and approved the
amended Health and Public Safety Ordinance ( or “Ordinance” hereafter) on June
2, 2008; and
SECTION 2, That said Ordinance, among other things, establishes the form and
functions of the Public Safety Department in the City; and
SECTION 3, That this amended Ordinance shall become effective upon adoption
by the Mayor and Council of the City of Milton and shall supersede all prior
iterations of this ordinance; and
SECTION 4, That the Milton Department of Public Safety’s organization and
structures shall be amended to better serve the needs of the Department and the
Citizens of Milton;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS that Chapter 15 of the Code of the City of Milton is hereby adopted and approved to
read as follows:
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Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens of the
City of Milton.
Article 2: The Office of the Director of Public Safety
The Milton Department of Public Safety shall encompass the primary public safety
disciplines, including Police services, Fire-Rescue Services and Emergency Management. To
this end, the Office of the Director of Public Safety is hereby created. The Director’s duties shall
be as follows:
(a) to serve in a dual role as the executive for public safety services in the City of
Milton, incorporating the position of Police Chief, Fire Chief, and Director of
Emergency Management.
(b) to appoint any deputy chiefs or other personnel to serve in a subordinate position to
carry out the duties entailed by Police, Fire and Emergency Management Services.
(c) Hereafter, any reference to these positions shall be deemed a reference to the
Director of Public Safety.
Article 3: Emergency Management Services
Section 1: Purpose
The purposes of this section are to:
(a)Reduce vulnerability of people and the community to damage, injury and loss of
life and property resulting from natural or manmade catastrophes, riots or hostile
military or paramilitary action,
(b) Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster,
(c) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters,
(d) Clarify and strengthen the roles of the mayor, city council, city manager and city
departments in prevention of, preparation for, response to and recovery from
disasters,
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(e) Authorize and provide for cooperation of activities relating to disaster mitigation,
preparedness, response and recovery,
(f) Authorize and provide for coordination of activities relating to disaster mitigation,
preparedness, response and recovery by departments and officers of the City,
agencies of the private sector and similar activities in which the federal government,
the state and its political subdivisions may participate, and
(g) Provide a disaster management system embodying all aspects of pre-disaster
preparedness and post-disaster response.
Section 2: Emergency Defined.
As used in this Article, “ emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from war or the imminent threat
of war. Such term shall not include conditions resulting from a labor controversy, which
conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
Section 3: Emergency Management Services.
In accordance with Article 2 of this Chapter, the Director of Public Safety shall serve as
the Director of Emergency Management for the City of Milton. The duties of the Director shall
be as follows:
(a) To represent the City of Milton on all matters pertaining to emergency
management;
(b) To coordinate the development of community-wide emergency preparedness;
(c) To develop an emergency and disaster operations plan for effective mobilization of
all the resources of the City, both private and public;
(d) To prepare and recommend for approval by the city council mutual aid programs
and agreements between other local governments and the City;
(e) To prepare and effectuate legal action for continuity of government in the event of
emergency;
(f) To coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required
agencies or groups;
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(g) During periods of emergency, to obtain vital supplies and equipment lacking,
needed for the protection of life and property of people and bind the City for the
value thereof and if required immediately, requisition same; and
(h) To procure federal and state assistance through emergency management channels
and through federal assistance programs in such areas as law enforcement, highway
safety, ambulance procurement, or emergency medical services and others.
In addition to the above duties, the Director of Emergency Management shall be
responsible during an emergency to advise the City Manager in operational situations,
public information and privileged information implementation of the emergency plan, to
direct and coordinate the activities of the emergency operation center staff, and to assist
the mayor in assuring the execution of operations plans and procedures required by the
emergency.
Section 4: Disaster Plan.
The Director shall prepare a comprehensive disaster basic plan which shall be adopted and
maintained by resolution of the council upon the recommendations of the Director. Incorporated
into such plan and expressly made a part thereof, shall be a crisis communications plan. In the
preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent.The disaster plan shall be considered supplementary to this ordinance and have the effect
of law whenever emergencies have been proclaimed.
State Law Reference O.C.G.A. § 49-5-233
Section 5: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy
attack upon the United States or any other emergency which may affect the lives and property,
the mayor may declare that a state of emergency exists by written proclamation setting out the
circumstances of the emergency and thereafter the City Manager, or in his/her absence, the
Director of Public Safety, shall have and may exercise for any period as this state of emergency
exists or continues, the following emergency powers:
(a) to enforce all rules,laws and regulations relating to emergency management and to
assume direct operational control over all emergency management resources;
(b) to seize, take for temporary use, or condemn any property for the protection of the
public;
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(c) to sell, lend, give or distribute all or any property or supplies among the inhabitants
of the City; to maintain a strict accounting of property or supplies distributed and
for funds received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, or dangerous weapons of any kind, excluding firearms or
components of firearms; and
(h) to perform and exercise any other functions and duties and take any emergency
actions as may be necessary to promote and secure the safety, protection and well
being of the inhabitants of the City.
Section 6: Mutual Aid.
In periods of local emergency, the City is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or
agreements therefore. The City may request from state agencies mutual aid, including personnel,
equipment and other available resources to assist the city during the local emergency plans or at
the directions of the governor.
Section 7: Civil Liabilities.
(a) The City shall not be liable for any claim based upon the exercise or performance,
or the failure to exercise or perform, a discretionary function or duty on the part of
the city or any employee of the city excepting willful misconduct, gross negligence
or bad faith of any such employee, in carrying out emergency services as defined in
Article 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers’ compensation and other benefits which apply
to the activity of officers, agents or employees of the City when performing their
respective functions within the territorial limits of the City shall apply to them to
the same degree and extent while engaged in the performance of any of their
functions and duties extra territorially under the provisions of this chapter,
excepting willful misconduct, gross negligence, or bad faith.
(c) Volunteers duly enrolled or registered with the City in a local emergency, a state of
emergency, or a war emergency, or unregistered persons placed into service during
a state of war emergency, in carrying out, complying with, or attempting to comply
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with any order or regulation issued pursuant to the provisions of this chapter or
performing any of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy the same immunities as officers and
employees of the City performing similar work.
Section 8: Adoption of the National Incident Management System
It is the policy of the City to adopt the National Incident Management System as
promulgated by the Federal Emergency Management Agency under the auspices of the
Department of Homeland Security. It is the policy of this City to use the National Incident
Management System to organize all emergency management activities and to encourage its use
by community partners though training and mutual aid exercises that employ this system.
Articlee 4: Fire Code
Section 1: Fire Chief and Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
A.The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the
supervision of the fire chief.
B.The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the fire fighting force at the
discretion of the fire chief.
Section 3: Fire limits of city; storage of explosives, flammable liquids and liquefied petroleum
gases.
Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under the fire prevention code shall be legally
described in a map entitled City of Milton Fire District.
Maps, which shall be approved by the city council and maintained in the office of the city
clerk, for inspection by the public.
Section 4: Modifications
The fire chief or fire marshal shall have power to modify any of the provisions of the fire
prevention code upon application in writing by the owner or lessee, or a duly authorized agent,
Articl
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when there are serious difficulties in carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial justice done. The
particulars of such modification, when granted or allowed, and the decision of the fire chief or
fire marshal thereon shall be entered upon the records of the fire department and a signed copy
shall be furnished to the applicant.
Section 5: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other city
official or employee of the City of Milton fire department, including but not limited
to disapproval of an application, refusal to grant a permit, a determination that the fire
code or city ordinances does not apply or has been misconstrued, but excluding those
actions or violations which are within the purview of the state fire marshal or code
violations which are subject to the jurisdiction of municipal, state or federal court,
may appeal and be heard by the City’s construction board of appeals for construction.
b.All appeals, pursuant to this section, must be filed in writing with the City of Milton
public works department within 30 days from the date of the decision or action from
which the aggrieved party appeals. All appeals must be filed on forms which can be
obtained at the City of Milton public works department.
c.Any person aggrieved by an action of the city board of appeals for construction may
appeal within thirty (30) days to the Superior Court of Fulton County, Georgia by
writ of certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous
place in his or her office, and distribute copies thereof to interested persons. The list shall be a
rule and regulation of the fire department and shall be adopted by the mayor and city council and
become effective upon approval, unless otherwise specified.
Section 7: Penalties
a.Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to comply with
any order made thereunder or who shall build in violation of any detailed statements,
specifications, plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken within the time affixed
herein may be prosecuted for violations by the City after the person has been issued a
citation by a duly authorized officer of the fire department of the City of Milton or an
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authorized law enforcement officer of the police department of the City of Milton.
Upon conviction, the person shall be punished by a fine or imprisonment in
accordance with Section 11-4-080 of the City Code, as now or hereafter amended.
The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or remedy the
violations or defects within 30 days. Each day’s continuing violation shall be treated
as a separate offense.
b.In addition to all other provisions of this section, any violation of this chapter is
deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of competent
jurisdiction.
Section 8: Authority at fires.
a.The fire chief or fire officers under his or her direction shall have full control over all
fire apparatus of the fire department in service at any fire. It shall be the duty of the
fire chief or his or her designee to superintend the fire department while performing
any public duty in fighting a fire; to give general and specific directions as to the
manner of fighting fires, the use of hose and apparatus, and the specific duties and
assignments of the various members of the fire department in attendance at a fire.
The fire chief may immediately suspend any member of the fire department for
insubordination at any fire.
b.Officers of the fire department, when at the scene of a fire, may direct or assist the
city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited.
a.It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or
any other material around or in close proximity to any fire hydrant so as to cause
hindrance or delay in access thereto, or prevent the free use thereof by the fire
department. No person shall, in any way, interfere with or tamper with any fire
hydrant or attempt to take water therefrom without special authority from the fire
chief or his or her designee. Any person who violates this section shall upon
conviction be punished in accordance with Section 11-4-080 of this Code, as now or
hereafter amended.
b.Without the consent of the fire chief, no person not an active member of the fire
department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or other
equipment of the fire department, other than for the purpose for which the equipment
was intended, without the consent of the fire chief.
Section 10: Certain acts interfering with firefighting activities.
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No person, except an active member of the fire department, shall at any time, enter within
the territory or vicinity of any fire, when the area is roped off or access is denied by the city
police, or interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant, or interfere by giving orders to any individual, unless requested
to do so by the fire chief or fire officers under his or her direction. Any police officer or other
law enforcement officer; the owner or occupant of the property, and the city manager or any
other persons as may be specifically authorized by the fire chief or his or her designate, may
enter the restricted areas.
Section 11: Open burning.
Open burning is prohibited, with certain exemptions, in the city, as set forth in the code
ordinances. The provisions of Section 391-3-1.02(5) of the regulations promulgated by the
Georgia Environmental Protection Department under the Georgia Air Quality Act, as amended
from time to time are adopted and incorporated herein by reference. A copy of said regulation
shall be kept on file by the city clerk for inspection by the public.
Section 12: Posting of addresses.
a.All owners and occupants of improved real property lying within the City are
required to post the address of such real property owned or occupied by them with the
street address assigned to such property by the City of Milton, in such manner that
said address is clearly visible and legible from the street on which the improvement
on such property fronts. The obligation hereby imposed shall be the joint duty of all
owners and occupants of improved real property lying within the City. All owners
and occupants of improved real property lying within the City will have a grace
period of six (6) months from the effective date of this subsection to come into
compliance.
b. All owners of apartment complexes lying within the City are required to post the
building identified for each apartment building within the complex, whether the
identifier be a number or letter or a combination thereof, in such manner that said
building identifier is clearly visible and legible from the street or private drive on
which each building fronts. The identifier for each building within apartment
complexes lying within the city will be a minimum of one foot in height, will contrast
with the building itself so as to be highly visible, will be reflective so as to be seen
easily in darkness and will not be obstructed at any time by natural or man-made
objects. All owners of apartment complexes lying within the city will have a grace
period of six (6) months from the effective date of this subsection to come into
compliance.
c.All persons who violate this section shall be subject to a fine in an amount set by
resolution of the City Council. If the person does not remedy the violation, every
thirty (30) days shall be deemed a separate offense.
Section 13: Sprinkler protection required.
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a. As used in this section, the following terms shall have the meanings set forth herein:
1.“Commercial” refers to a business involved in the exchange of services,
productions, or property of any kind; the buying, selling and exchange of
articles.
2.“Multifamily residential structures” refers to a structure with a maximum
of four stories in height, except duplex and free standing single family
residences. A story is defined as that portion of a building included
between the upper surface of the floor and the upper surface of the floor or
roof next above.
3.“New,” for the purposes of this section, shall include any additions to
existing buildings, whether vertically or horizontally, or any existing
building or structure which shall be deemed to be a new building in the
event such building or structure is subject to substantial renovation or a
fire or other hazard of serious consequence. For purposes of this
subsection, the term “substantial renovation” shall mean any construction
project involving exits or internal features of such building or structure
costing more than the building’s or structure’s gross assessed value
according to county tax records at the time of such renovation.
4.“Approved system-commercial/residential,” for commercial buildings
over 5,000 square feet, or residential structures, or those structures
required to be sprinkled by some other code, means a sprinkler system
designed in accordance with National Fire Protection Association
Standards and referenced publications.
5.Approved system-commercial areas less than 5,000 square feet, for light
hazard areas, i.e. offices and shipping areas, of commercial buildings less
than 5,000 square feet a modified sprinkler system may be used. This
system may be used upon appeal to the fire marshal’s office by the owner
of the building.
6.“Modified sprinkler system” is a combination sprinkler system operating
off the domestic water supply designed in accordance with specifications
on file in the fire marshal’s office.
b.All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1. For buildings less than 15,000 square feet constructed mainly for the
storage of products with limited life loss potential some flexibility may be
allowed. The owner may petition to the fire marshal for exception to
sprinklers in the storage areas. The fire marshal will give consideration to
such things as building construction, products stored, arrangement of
storage, number of employees in the area, access to the building, and any
other fire protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
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For buildings storing materials that are water reactive or may be damaged
by water fighting a fire, than by a fire, the fire marshal’s office shall use
the same considerations.
2. Additions to existing unprotected buildings where the addition totals less
than 1,000 square feet; provided, however, the addition must be separated
by fire rated construction in accordance with the City of Milton Building
Code and is not required to be protected by some other applicable code.
c.All new multifamily residential structures shall be protected throughout with an
approved automatic fire protection system.
d.All new one-family and two-family dwellings built closer than 20 feet from another
structure or closer than ten feet to the property line must be sprinkled with an
approved system.
e.There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The
bureau of fire prevention may require a hard-wire detection system if battery operated
detectors are not maintained according to manufacturer’s recommendation.
f.The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the Georgia Safety Fire Commissioner.
g.If this code section in any way conflicts with the provisions in the Standard Building
Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall
apply.
Section 15: Application of building and fire related codes to existing buildings.
a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and
incorporated by reference and shall be controlling in the corporate limits of the city.
A copy will be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state law
by reference and which is more restrictive than the rules of the Georgia Safety Fire
Commissioner shall be controlling over the rules of the Georgia Safety Fire
Commissioner.
c. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq.
may be adopted by an ordinance of council, and thereby incorporated herein;
provided, that any changes in the standard text shall be made available to the public
for inspection in the office of the city clerk.
11
Section 16: Plan review and inspection fee schedule relating to fire marshal requirements
The City and the Department of Public Safety, in accordance with common professional practice,
hereby establishes a fee schedule for plan reviews and inspections conducted by the fire marshal.
These fees are established in addition to any and all fees levied by the other relevant city
departments.
a. Plan Review Fees
Structural Plan Review
5000 Sq Feet or Less $125.00
More than 5000 Sq Feet $ 0.25 per sq. foot
Site Development Plan Review $100.00
Sprinkler Only Plan Review $100.00
Fire Alarm Only Plan Review $ 75.00
Commercial Hood Only Plan Review $ 50.00
b. Inspection Fees
80% Inspection $100.00
Final Inspection $100.00
Occupancy Inspection $100.00
Miscellaneous/Other Fire Inspection $100.00
Re-Inspection Fee $100.00
After-Hours Inspection (by Request) $150.00
Section 17: Key lockbox system for commercial, residential and other locations with restricted
access through locked gates.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial gated structures that are secured in a
manner that restricts access during an emergency;
2.multi-family residential structures that have restricted access
through locked gates;
3. governmental structures and nursing care facilities with gated
entrances.
b. All newly constructed structures, communities, or complexes subject to this
section shall have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures, communities, or complexes in existence
on the effective date of this section and subject to this section shall have one year
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from the effective date of this section to have a key lock box installed and
operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d.The owner or operator of a structure, community, or complex required to have a
key lock box shall, at all times, keep a key in the lock box, or maintain the
operation of the box at all times.
e.The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
f.Any person who owns or operates a structure, community, or complex subject to
this section shall be subject to the penalties set forth in all sections of this code for
any violation of this section, provided that the maximum fine for a conviction for
a violation of this section shall be $1,000.00.
g.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
h. This Ordinance shall take effect immediately upon its passage.
Section 18: Key lockbox system for certain buildings as designated by the Fire Marshal.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial structures protected by an automatic
alarm system or automatic suppression system, or such structures
that are secured in a manner that restricts access during an
emergency;
2.multi-family residential structures that have restricted access
through locked doors and have a common corridor for access to the
living units;
3.governmental structures and nursing care facilities.
b. All newly constructed structures subject to this section shall have the key lock
box installed and operational prior to the issuance of an occupancy permit. All
structures in existence on the effective date of this section and subject to this
13
section shall have one year from the effective date of this section to have a key
lock box installed and operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d. The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow for access to the
structure.
f. The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
g. Any person who owns or operates a structure subject to this section shall be
subject to the penalties set forth in all sections of this code for any violation of
this section, provided that the maximum fine for a conviction for a violation of
this section shall be $1,000.00.
h.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
g. This Ordinance shall take effect immediately upon its passage.
Article 5. Fire Lanes
Section 1: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and identification
of the lanes; for the manner, method and language for the posting of signs; to establish the
penalty for violation of this chapter; to identify and designate the persons who have authority to
enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide
for the method of submitting properties to this chapter; to repeal all ordinances in conflict
herewith; and for other purposes.
Section 2: Definitions.
The words used in this chapter shall have their normal accepted meanings except as set
forth below:
a. “Authorized emergency vehicle” means a motor vehicle belonging to a public utility
corporation and designated as an emergency vehicle by the department of public
safety; a motor vehicle belonging to a fire department or a certified private vehicle
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belonging to a volunteer fireman or a firefighting association, partnership, or
corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local
law enforcement agency, provided such vehicle is in use as an emergency vehicle by
one authorized to use it for that purpose.
b. “Enforcement officer(s)’ shall refer to any duly authorized law enforcement officer
employed by the City.
c. “Fire lane(s)” are areas designated by the fire official providing access for fire
department vehicles to buildings, fire department connections and fire hydrants. This
includes all alleys, driveways or lanes, devoted to public use, where the parking of
motor vehicles or other obstructions can interfere with the ingress or egress of fire
department vehicles for the protection of persons and properties including, but not
limited to, shopping centers, theaters, hospitals, bowling lanes, churches, multi-family
housing, and high-rise buildings.
d. “Fire official” means the fire officer or other designated authority, or their duly
authorized representative, charged with the administration and enforcement of the fire
prevention code.
e. “Master plats” means all original plats drawn in accordance with this chapter; all
copies distributed shall be from this original drawing.
f. “New building(s)” means any commercial structure or public facility whose
certificate of occupancy was issued after the effective date of December 1, 2006.
g. “Plats” shall refer to maps created by the building owner and approved by the fire
marshal which depict the location and boundaries of land and all existing fire lanes in
accordance with this chapter. Such maps shall be drawn to scale.
h. “Property owner(s)” shall refer to each person, firm, corporation, or entity possessing
any estate, or leasehold right in the property being designated as fire lane(s).
i. “Ticket” shall mean an order issued out of court by an enforcement officer of the city
directing a violator of this chapter to comply with all civil fines as set forth.
Section 3: Identification.
A.Every existing building and all new buildings shall be accessible to fire department
apparatus by way of designated fire lanes with an all-weather driving surface of not
less than twenty (20) feet of unobstructed width. There shall be a minimum roadway
turning radius of thirty-five (35) feet. There shall be a minimum vertical clearance of
thirteen (13) feet, six (6) inches. The minimum hard surface subbase paving
specification shall be at least one and one-half (1 ½) inches of asphalted topping on at
least six inches of bound crushed stone, or the equivalent, capable of supporting the
gross vehicle weight of fire apparatus. During construction, when combustibles are
15
brought onto the site in such quantities as deemed hazardous by the fire official,
access roads and a suitable temporary supply of water acceptable to the fire
department shall be provided and maintained.
a.Where fire protection systems approved by the fire official are provided, the
above required clearances may be modified by the fire official.
b.The fire official shall have the authority to require an increase in the minimum
access widths where they are inadequate for fire or rescue operations.
c.The creation, deletion, or modification of a fire lane shall be done in the best
professional judgment of the fire official.
B.Any owner of a building aggrieved by the decision of the fire official under this
section may appeal from the decision of the fire official to the city manager within
thirty (30) days from the date of the fire official’s decision. All appeals to the city
manager shall be in writing setting forth the reasons for the appeal. The city manager
shall issue a written decision to the owner within thirty (30) days from the receipt of
the written appeal from the owner.
C.The areas designated as fire lanes shall have signs posted meeting the following
criteria:
1.Sings to read “No Parking Fire Lane.”
2.Letters shall not be less than two inches in height.
3.One sign shall be posted at the beginning of the fire lane and one at the end of
the fire lane; each sign shall be erected not more than fifty (50) feet apart.
4.Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
D.The fire official may order curbs to be painted yellow or other distinctive colors.
Section 4: Approval; subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for fire department access by the fire official shall be maintained in a
passable condition.
A.Private property owners or their representatives shall be responsible for keeping
all fire lanes on their property free from obstructions.
B.Public property owners, the City of Milton, or their representatives shall be
responsible for keeping all fire lanes within the city’s jurisdiction free of
obstructions.
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Section 5: Erection of signs.
No person or property owner shall place, erect or maintain any sign for control of parking
or traffic which includes the words “Fire Lane” unless such location has been designated a fire
lane by the fire official. Any failure to meet the applicable requirements specified in the Milton
City Code shall be subject to a fine of one hundred and fifty dollars ($150.00) for each violation,
provided, however, that the fine will be waived if the required specifications are made within
fourteen (14) days from the date of citation. If that private or public property owner fails or
refuses to meet said requirements on his property within such fourteen (14) days he shall, on the
15th day after receiving the citation, be subject to the one hundred and fifty dollar ($150.00) fine
for each violation and an additional ten dollar ($10.00) fine for each violation for each day that
the owner fails to comply with the provisions of this section until the area is properly designated
and constructed. Each additional day shall be construed as an additional violation. All fines
assessed under this section shall be paid into the treasury of the City.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
A.Enforcement of this section shall be through a civil action in municipal court by
the issuance of a ticket which shall be either left with the vehicle or delivered to
the person in possession thereof. For purposes of such civil action, it shall be
presumed that the registered owner of said vehicle is in control or possession
thereof.
1.The first violation of parking in a fire lane within any thirty (30) day
period shall be punished by a twenty five dollar ($25.00) civil fine;
provided, however, the second violation within any thirty (30) day period
shall be punishable by a civil fine of forty dollars ($40.00); and a civil fine
of fifty dollars ($50.00) may be levied for each violation thereafter
occurring within any thirty (30) day period.
2.The person receiving a ticket for violation of this section may pay the civil
fine(s) by return mail to the municipal court of the city or his designated
receiver within forty-eight (48) hours of the issuance of the ticket or may
request a hearing within forty-eight (48) hours to contest the issuance of
the ticket. In the event the civil fine is not paid within forty-eight (48)
hours, the municipal court may issue a citation for contempt requiring the
offender to show cause why he failed to pay the fine within the time frame
allowed by this section. Upon conviction thereof, the municipal court may
impose a fine as provided by law.
B.Upon any person to whom a ticket has been issued under this section, a uniform
traffic citation may be obtained with a hearing date thereon from the police officer
or uniformed fire inspector whereupon it shall be returnable to the municipal
court.
17
Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (A) of this section
shall apply.
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
Section 8: Emergency Authority
In addition to all powers authorized by state law, as amended, in the event of any fire,
explosion, bomb threat, or similar emergency, the fire department in the City shall be authorized
to prevent the blocking of any public or private street, road or alley, way or driveway, or
emergency lane, during any such emergency or remove any vehicles or obstructions necessary.
The officers, members, agents or employees of the fire department of the city shall not be liable
at law for any act or acts done while actually fighting a fire or performing duties at the scene of
an emergency.
Section 9: Liability for enforcement of article pertaining to maintenance and clearing.
The City of Milton assumes no liability for any damages, injuries, or deaths resulting
from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of
the fire lanes. The City has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
Section 10: Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance with the
provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a
violation of law, without requiring proof by whom and by what authority such sign has been
erected.
Section 11: Petition requesting application of chapter to properties.
Properties may become subject tot his chapter by submitting a petition from the property
owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
18
Section 12: Descriptions for fire official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the city
clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes,
and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The
plat shall state a scale of measurement and shall be on paper or a series of pages of 8 ½ by 11
inches. The plat identification shall specify the name of the property, a brief legal description of
the property, and the length and width of the fire lane(s), as approved by the fire official, with
whom all master plats will be filed.
Article 6: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police officers or
other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and
county, state and federal law within its jurisdiction so as to maintain the peace, good order and
tranquility of the city. Enforcement powers shall include the arrest and prosecution for any
violation of such laws. The police department may be assisted by others as may be authorized by
mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid
agreement.
Section 2: Chief of Police; Acting Chief.
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and shall
establish the policies, directives, rules and regulations for the administration and operations of
the department. The chief is the executive officer of the department and shall ensure that all
laws, both state and federal, ordinances and regulations are enforced and that life and property
are protected. The chief shall establish divisions within the department in accordance with the
needs of the City of Milton, and shall monitor the daily functions of all such divisions within the
department. His/her responsibilities shall include overseeing accreditation and training,
supervising operations, and reviewing decisions related to hiring, disciplining, and evaluation of
department personnel.
In the chief’ s absence from the city or when for any reason the chief of police is unable to
attend to the duties of his/her office, he/she shall designate a person to be acting chief and such
designated person shall assume the duties of the chief of police for such designated time.
Section 3: Oversight by Public Safety Committee.
19
The Public Safety Committee shall oversee the operation of the Police Department. The
Police Chief shall serve as a liaison to such Committee and make periodic reports as requested.
Section 4: Operations Manual.
The Chief of Police shall prepare and institute any Standard Operating Procedures or other
operational guidelines as are consistent with the professional and legal dictates of current law
enforcement practice. These procedures and policies shall be the Department Operations Manual
and shall be made available to all employees of the police department.
Section 5: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street, alley,
path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance
halls, service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of business
while open to the public and check to see if everything is being carried on in a lawful
manner. After business hours and while closed to the public, an officer for the city
has authority to check places of business, to see if the doors and windows are safely
locked.
(c) An officer for the city shall have the authority to check and investigate, enter and
patrol any park, business, residence or public place within the city limits if the officer
has probable cause or sufficient reason to believe some act is being committed which
would involve the violation of a law or a city ordinance; a personal injury or damage
to property; or if any of the above appear to be imminent.
(d) No police officer shall enter a private dwelling without a search or arrest warrant
unless he has the voluntary consent of the owner or occupant or he is in pursuit of a
fugitive who the officer has personal knowledge or probable cause to believe has
committed or attempted to commit a felony.
Section 6: Compensation for Testifying.
Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton
will be entitled to compensation from the City of Milton for his or her appearance at a court
session when such officer attends in an off-duty status.
Section 7: Abuse of Position.
(a) No police officer shall use his official position or official identification cards or badges:
(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the
performance of duty; or
(3) for avoiding consequences of illegal acts.
20
(b) Police officers may not lend their identification cards or badges to another person, or
permit them to be photographed or reproduced without the approval of the chief.
Section 8: Endorsements and Referrals.
Police officers shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product, professional service
or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or
the like. In the case of ambulance or towing service, when such service is necessary and the
person needing the services is unable or unwilling to procure it or requests assistance, officers
shall proceed in accordance with established departmental procedures.
EFFECTIVE DATE
This ordinance shall become effective upon adoption and approval by the City Council
of the City of Milton, Georgia.
SEVERABILITY
Should any section or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the
ordinance as a whole nor any part thereof other than the part so declared to be invalid or
unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance
are repealed.
ORDAINED by the City Council of the City of Milton, Georgia, this 2nd day of
June, 2008.
JOE LOCKWOOD
Mayor & Presiding Officer
City Council
City of Milton, Georgia
Attest:
________________________________
Jeanette R. Marchiafava, City Clerk
21
City of Milton
13000 Deerfield Parkway, Suite 100 Alpharetta, Georgia 30004
To: Honorable Mayor and City Council Members
From: Connie Jacobs, Human Resources Manager
Date: Submitted on July 15, 2008 for August 4, 2008 City Council Meeting for First
Presentation and the August 18, 2008 City Council Meeting for Second
Reading
Agenda Item: Approval of a Revised Georgia Municipal Employee Benefit System Official
Plan Document for Retirement Program
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance accepting the Retirement Plan Document outlining the details of
the Georgia Municipal Employee Benefit System retirement plan for City of Milton employees
and authorizing staff to execute all necessary documents required by the plan administrator.
Background:
As part of the City’s employee benefit program, the City Council approved a retirement package
for employees as part of the annual budget ordinance. At that time, Georgia Municipal
Employee Benefit System (GMEBS) was identified as the recommended vendor for pension
program services. Since that time, both City and GMEBS staff have been working out the
details of the official plan document. The GMEBS-enabling statute requires that member cities
adopt the plan via ordinance. The plan document has been finalized and before you tonight for
approval.
Discussion:
The plan document outlines items such as
• Employee eligibility requirements,
• Credit for past service,
• Normal and early retirement eligibility,
• Retirement formulas,
• Employee contributions,
• Distribution options, and
• Vesting requirements.
The revised Adoption Agreement reflects that the seven (7) year vesting requirement that
applied to other employees under the plan will not apply to the City Manager position, and the
current and future City Managers will be immediately vested in their retirement benefit.
The plan document also has been revised to eliminate any reference to immediate vesting for
the City positions listed below:
• City Treasurer
X:\City Clerk\Master Agendas 2008\August 18\Memo Pension Plan Document Agenda.doc 1
City of Milton
13000 Deerfield Parkway, Suite 100 Alpharetta, Georgia 30004
• City Clerk
• Executive Aide to the Mayor
Once approved, the revised retirement plan will replace and supersede the original April 1, 2007
Adoption Agreement.
Concurrent Review:
Billy Beckett, City Manager
X:\City Clerk\Master Agendas 2008\August 18\Memo Pension Plan Document Agenda.doc 2
ORDINANCE NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE ACCEPTING THE REVISED GEORGIA MUNICIPAL EMPLOYEE
BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM
BE IT ORDAINED by the City Council of the City of Milton, GA while in a Regular called Council
meeting on ________________, 2008 at 6:00 p.m. as follows:
SECTION 1.That the retirement plan for the Employees of the City of Milton, Georgia is
hereby established as set forth in and subject to the terms and conditions stated in the attached
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master
Plan Document, and the GMEBS Trust Agreement, and;
SECTION 2.All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed; and.
SECTION 3.That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of __________________, 2008.
_____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
GEORGIA MUNICIPAL EMPLOYEES
BENEFIT SYSTEM
DEFINED BENEFIT PLAN
ADOPTION AGREEMENT
for
City of Milton
GMEBS -Defined Benefit Plan Adoption Agreement
(Revised JuIy 2008)
TABLE OF CONTENTS
PAGE
AN ORDTNANCE ......................................................................................................................... 1
ADMINISTRATOR .................................................................................................................... 2
GOVERNTNG AUTHORITY ..................... ..,........................................................................ ...2
PLAN REPRESENTATIVE........................................................................................................... 2
PENSION COMMITTEE ............................................................................................................... 3
TYPE OF ADOPTION ........................ ....................................................................................... 3
EFFECTIVE DATE ........................................................................................................................ 4
PLAN YEAR .................................................................................................................................. 4
CLASSES OF ELIGIBLE EMPLOYEES ...................................................................................... 5
HOURS PER WEEK (REGULAR EMPLOYEES)................................................................... 6
MONTHS PER YEAR (REGULAR EMPLOYEES) ................................................................ 7
WAITING PERTOD ........................................................................................................................ 7
ESTABLISHING PARTICIPATION TN THE PLAN ................................................................... 7
CREDITED SERVICE ................................................................................................................... 8
CREDITED PAST SERVICE .................................................................................................... 8
PRIOR MILITARY SERVICE................................................ ............................................... 9
PRIOR GOVERNMENTAL SERVICE ................................................................................... 11
UNUSED SICWVACATION/PERSONAL LEAVE .............................................................. 12
ETIEMENT ELIGIBILITY ..................................................................................................... 13
EARLY RETIREMENT QUALIFICATIONS ......................................................................... 13
NORMAL ETIREMENT QUALIFICATIONS..................................................................... 14
I5..... ................................ALTERNATIVE NORMAL RETIREMENT QUALTFICATIONS
DlSABILIm BENEFIT QUALIFICATIONS ........................................................................ 26
RETIREMENT BENEFIT COMPUTATION............................................................................. I7
MAXIMUM TOTAL CREDITED SERVICE ......................................................................... I7
MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT .............................................. 17
MONTHLY EARLY RETIREMENT BENEFIT AMOUNT .................................................. 19
MONTI-ILY LATE RETIREMENT BENEFIT AMOUNT ..................................................... 20
MONTHLY DISAB ILTTY BENEFIT AMOUNT ................................................................... 20
BENEFIT CAP FOR ELECTED OFFICIALS ........................................................................ 21
DISTRJBUTIONS FOR THOSE WHO REMAIN TN SERVICE AFTER NORMAL
RETIREMENT ........................ .............................................................................................. 21
COST OF LIVING ADJUSTMENT ....................................................................................... 22
RE-EMPLOYMENT AFTER RETIEMENT .......................... ,........................................ 22
TERMINATION OF EMPLOYMENT BEFOFE RETIREMENT; VESTNG .......................... 23
PRE-RETIREMENT DEATH BEWFITS .................................................................................. 24
IN-SERVICE DEATH BENEFIT ............................................................................................ 24
TERMTNAED VESTED DEATH BENEFIT ..................................... ................................... 25
.....................EMPLOYEE CONTRIBUTIONS ..............~..................................................... 26
EMPLOYER ADOPTION............................................................................................................ 27
AN ORDINANCE
An Ordinance to amend a retirement plan for the Employees of the City of Milton,
Georgia in accordance with and subject to the terms and conditions set forth in the attached
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan
Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the
City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as
authorized and provided by O.C.G.A. 3 47-5-1 et seq.
BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is
hereby ordained by the autboriQ thereof:
Section 1. The retirement plan for the Employees of the City of Milton, Georgia is
hereby amended as set forth in and subject to the terms and conditions stated in the following
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan
Document, and the GMEBS Trust Agreement.
[Ordinance continued on page 281
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 208)
GMEBS DEFINED BENEFIT PLAN
ADOPTION AGRlEEMENT
ADMINISTRATOR
Georgia Municipal Employees Benefit System
201 Pryor Street, SW
Atlanta, Georgia 30303
TeIephone: 404-688-0472
Facsimile: 404-577-6663
ADOPTING EMFLOYER
Name: City of Milton, Georgia
GOVERNING AUTHORITY
Name: Mayor and Council
Address: 13000 neefield Parkway, Building 100, Alpharetta, GA 30004
Phone: (678) 242-2525
FacsimCIe: (678) 242-2499
PLAN REPRESENTATIVE
[To represent Governing Authority in all camrnunications with GMEBS and Employees]
(See Article TI, Section 44 of Master Plan)
Name: Director of Operations
Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 30004
Phone: (678) 242-2525
Facsimile: (678) 242-2499
E-mail: carol.wolfe@cityofmiltonga.us
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-2 -
PENSION COMMITTEE
[Please designate members by position. If not, members of Pension Committee shall be
determined in accordance with Article XIV of Master Plan]
Position:
Position:
Position:
Position:
Position:
Pension Committee Secretary: City Clerk
Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 300Q4
Phone: (678) 242-2525
FacsimiIe: (678) 242-2499
E-mail: jeanette.marchiafava@cityofmiltonga.us
TYPE OF ADOPTION
This Adoption Agreement is for the following purpose (check one):
This is a new defined benefit plan adapted by the Adopting Employer for its Employees.
This plan does not replace or restate an existing defined benefit plan.
ci This is an amendment and restatement of the current GMEBS defined benefit plan or
other defined benefit plan of the Adopting Employer.
[XI This is an amendment of the Adoption Agreement previously adopted by the Employer
(please specify type below):
This is an amendment to change one or more of the Adopting Employer's benefit
design elections in the Adoption Agreement.
o This is an amendment to add a new Department or a new class of Eligible
Employees (If this box is checked, special addendum must be requested from
GMEBS to be completed as part of amendment).
This is an amendment to discontinue participation in the Plan by one or more
Departments or classes of Employees (If this box is checked, special addendum
must be requested from GMEBS to be completed as part of amendment).
Other (please specify): This is a technical correcfion to reflect Itbe Citv's
original intent that vesting be immediate for the Citv Manager (see page 24).
This amendment shall be retroactive to the original effective date of the Plan
IApril 1,2007).
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised duly 2008)
EFFECTWE DATE
1 Complete this item (1) only if this is a new defined benefit plan which does not replace
or restate an existing defined benefit plan.
The effective date of this Plan is
(insert effective date of this Adoption Agreement not earlier than January 1,1997).
(2) Complete this item (2) only if this is an amendment and complete restatement of the
Adopting Employer's existing GMEBS defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be (insert
effective date of this Adoption Agreement not earlier than January 1, 1997). This Plan
is adopted as an amendment and restatement of the Employer's preexisting GMEBS plan,
which became effective on (insert original effective date of
preexisting GMEBS plan).
(3) Complete this item (3) only if this Plan is being adopted to replace a aon-GMEBS
defined benefit plan.
Except as othenvise specifically provided in the Master Document or in this Adoption
~~kment,the effective date bithis restatement shall be (insert
effective date of this Adoption Agreement not earlier than January 1,1997). This Plan
is intended to replace and serve as an amendment and restatement of the Employer's
preexisting plan, which became effective on (insert original
effective date of preexisting plan).
(4) Complete this item (4) only if this is an amendment of the Adoption Agreement
previously adopted by the Employer.
The effective date of this amendment shaIl be April 1.2007.
PLAN YEAR
Plan Year means (check one):
Calendar Year
Employer Fiscal Year commencing
Other (must specify): Januaw T -Decern ber 31.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-4-
CLASSES OF ELIGIBLE EMPLOYEES
Only Employees of the Adopting Employes who meet the Master Plan's definition of
"Employee" may be covered under the Adoption Agreement. Independent contractors, leased
employees, and nonresident aliens may not participate in the Plan.
Eligible Reular Ernplovees
Regular Employees include Employees, other than elected or appointed members of the
Governing Authority or Municipal Legal Offkers, who are regularly employed in the services of
the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption
Agreement, the following Regular Employees are eligible to participate in the Plan (check one):
B ALL -All Regular ErnpIoyees, provided they satisfy the minimum hour and other
requirements specified under "Eligibility Conditions" below.
ALL REGULAR EMPLOYEES EXCEPT far the following empIoyees (must specifyS:
Elected or Appointed Members of the Governing Authority
An Adopting Employer may elect to permit participation in the Plan by elected or appointed
members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise
meet the Master Plan's definition of ""Emp1oyee"and provided they satisfy any other
requirements specified by the Adopting Employer. Municipal Legal Oficers to be covered must
be specifically identified by position. Subject to the above conditions, the Employer hereby
elects the following treatment for elected and appointed officials:
Elected or Appointed Members of the govern in^ AuthoriW [check one):
H ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date):
GMEBS -Defined Benefit Plan Adoption Apeement
(City of Milton -Revised July 2008)
-5-
Municipal Legal Officers (check one):
H ARE NOT eligible to participate in the Plan.
n ARJ3 eligible to participate in the Plan. The term "Municipal Legal Oficer" shall include
only the folIowing positions (must specifZr):
Please specify any limitations on eligibility to participate here (e.g,, service on or after certain
date):
ELIGIBILITY CONDITIONS
HOURS PER WEEK (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of hours per week which are
required to be scheduled and worked by Regular Employees in order for them to become and
remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting
EmpIoyer 20 determine whether these requirements are and continue to be satisfied. The
Employer hereby elects the following minimum hour requirement for Regular Employees:
No minimum
20 hourslweek (regularly scheduled)
30 hourdweek (regularly scheduled)
Other: 35 hourslweek (must not exceed 40 hourdweek regularly scheduled)
Exceptions: If a different minimum hour requirement applies to a particular class or classes of
Regular Employees, please specify below the classes to whom the different requirement applies
and indicate the minimum hour requiremenE applicable to them.
CIass(es)of Regular Employees to whom exception applies (muslt specify):
Minimum hour requirement applicable to excepted Regular Employees:
No minimum
[7 20 hourslweek (regularly scheduled)
30 hourslweek (regularly scheduled)
Other; (must not exceed 40 hourslweek regularly scheduled)
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-6-
MONTHS PER YEAR (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of months per year which are
required to be scheduled and worked by Regular EmpIoyees in order for them to become and
remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting
Employer to determine whether these requirements are and continue to be satisfied. The
Employer hereby elects the following minimum requirement for Regular Employees:
IJ No minimum
[XI At least 6 months per year (regularly scheduled)
WAITING PERIOD
Unless otherwise specified by the Adopting Employer in an addendum to this Adoption
Agreement, Regular Employees shall be required to complete one (1) year of continuous,
uninterrupted Service with the Adopting Employer before they qualify for participation in the
Plan. The determination as to whether the waiting period has been satisfied shall be made in
accordance with provisions of the Master Plan.
ESTABLISHING PARTICIPATION IN THE PLAN
Participation in the Plan is considered mandatory for a11 Eligible Employees who satisfy the
eligibility conditions specified in the Adoption Agreement. However, the Employer may specify
below that participation is optional for certain classes of Eligible Employees, including elected or
appointed members of the Governing Authority, Municipal Legal Oficers, City Managers,
and/or Department Heads. If participation is optional for an Eligible EmpIoyee, then in order to
become a Participant, he must make an election to participate within 120 days after employmen<
election or appointment to office, or if later, the date he first becomes eligible to participate in
the Plan. The election is irrevocable, and the failure to make the election within the 120-day
time limit shall be deemed an irrevocable election not to participate in the Plan.
Classes for whom participation is optional:
Elected or appointed members of the Governing Authority
Municipal Legal Oficers
City Manager
Department Heads
Other (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mitton -Revised July 2008)
-7-
CREDITED SERVICE
In addition to Current Credited Service the Adopting EmpIoyer may include as Credited
Service the following types of service:
CREDITED PAST SERVICE
Credited Past Service means the number of years and cornplere months of Service with the
Adopting Employer prior to the date an Eligible Employee becomes a Participant which are
treated as credited service under the Plan.
Eligible Employees Employed on Effective Date of GMEBS Plan. With respect to Eligible
Employees who are employed by the Adopting Employer on the original Effective Date of the
Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible
Employee becomes a Participant (including any Service prior to the Effective Date of the Plan)
shall be treated as follows (check one):
w All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
Q All Setrice prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Senice), except for Service tendered prior to
(insert date).
'O A11 Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except for (must specify other
[imitation):
Previously Employed, Returning to Service after Effective Date. Ef an Eligible Employee is
not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to
Service with the Adopting Employer sometime after the Effective Date, his Service prior to the
date he becomes a Participant (including any Service prior the Effective Date) shall be treated as
follows (check one):
A11 Service prior t~ the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), subject to any limitations imposed above with
respect to Eligible Employees employed on the Effective Date.
XI All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), provided that after his return to employment,
the Eligible Employee performs Service equal to the period of the break in
Service or one (1) year, whichever is less. Any limitations imposed above with
respect to EIigible Employees employed on the Effective Date shall also apply.
Other limitation(s) (must specify):
GhAZEBS -Defined Benefit Plan Adoption Agreement
(City of MiMon -Revised July 2008)
-8 -
Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial
employment date is after the original Effective Date of the Employer's GMEBS Plan, his
Credited Past Service shall include only the number of years and complete months of Service
from his initial employment date to the date he becomes a Participant in the Plan.
Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes
eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption
Agreement whether and to what extent said Employees' prior service with the Employer shall be
treated as Credited Past Service under the Plan.
PRIOR MILITARY SERVICE
m: This section does not concern military service required to be credited under
USERRA -See Article In, Section 2 of the Master Plan for rules on the crediting of
USERR4 Military Service.
The Adopting Employer may elect to treat military service rendered prior to a Participant's initial
employment date or reemployment date as Credited Service under the Plan. UnIess otherwise
specified by the Employer under "Other Conditions" below, the term "Military Service" shall be
as defined in the Master Plan. Except as otherwise required by federal or state law or under
"Other Conditions" below, Military Service shall not include service which is credited under any
other local, state, or federa1 retirement or pension plan.
Militav Service credited under this section shall not include any service which is otherwise
required to be credited under the Plan by federal or state law. Prior Military Service shall be
treated as follows (check one):
Prior Military Service is not creditable under the Plan (if checked, skip to next
section -Prior Governmental Service).
Prior Military Service shall be counted as Credited Service for the fo1Iowing
purposes (check one or more as applicable):
Computing amount of benefits payable .
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Maximum Credit for Prior Military Service.
Credit for Prior Military Service shall be limited to a maximum of years (insert nnm ber).
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-9-
Rate of Accrual for Prior Militav Service.
Credit for Prior Military Service shall accrue at the following rate (check one):
o One month of military service credit for every month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of mililtary service credit for every year(s) (insert number) of
Credited Service with the Adopting Employer.
[71 All military service shall be creditable (subject to any caps imposed above) after
the Participant has completed years (insert number) of Credited Service
with the Employer.
Other requirement (must speciw:
Payment for Prior Militaw Semce Credit (check one):
Participants shall not be required to pay for military service credit.
Participants shall be required to pay for military service credit as follows:
The Participant must pay % of the actuarial cost of the service credit
(as defined below).
The Participant must pay an amount equal to (must specify):
Other Conditions for Award of Prior Militaty Service Credit (must specify):
Limitations on Senice Credit Purchases. For purposes of this section and the following
section concerning prior governmental service credit, the term "actuarial cost of the service
credit" means the present value of the Accrued Benefit relating to such additional service credit
determined as of the payment date and calcuIated based upon the assumptions specified in
Article XII, Section 7 ofthe Master Plan.
In the case of a service credit purchase, the Participant shall be required to comply with any rules
and regulations established by the GMEBS Board of Trustees concerning said purchases. The
Employer may elect to allow ErnpIoyees to make the purchase through payroll deduction and the
Employer may pick-up the amount to be contributed by the Employee in accordance with
Internal Revenue Code Section 414(h) and the Plan, subject to any conditions contained in
GMEBS' rules and regulations concerning service credit purchases.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-10-
PRTOR GOVERNMENTAL SERVICE
Note: Prior service with other GMEBS employers shall be credited as provided under the-
Master PIan.
The Adopting Employer may elect to treat governmental service rendered prior to a Participant's
initial employment date or reemployment date as creditable service under the Plan. Subject to
any limitations imposed by law, the term "prior governmental service" shall be as defined by the
Adopting Employer below. The Employer elects to treat prior governmental service as follows
(check one):
Prior governmental service is not creditable under the Plan (if checked, skip to
next section -Unused SicWacationlPersona1 Leave).
Prior governmental service shall be counted as Credited Service for the following
purposes under the Plan (check one or more as applicabIe):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Definition of Prior Governmental Service.
Prior governmental service shall be defined as follows: (must specify):
Unless otherwise specified above, prior governmental service shall include only full-time service
(minimum hour requirement same as that applicable to Eligible Regular Employees).
Maximum Credit for Prior Govesamental Service.
Credit for prior governmental service shall be limited to a maximum of years (insert
number).
Rate of Accrual for Prior GovernmentaI Service Credit.
Credit for prior governmental service shall accrue at the following rate (check one):
~3 One month of prior governmental service credit for every month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of prior governmental service credit for every year(s) (insert
number) of Credited Service with the Adopting Employer.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-11 -
A11 prior governmental service shall be creditable (subject to any caps imposed
above) after the Participant has completed years (insert number) of
Credited Service with the Adopting Employer.
Other requirement (must specif%):
Payment for Prior Governmental Sesvice Credit.
Participants shall not be required to pay for governmental service credit.
17 Participants shall be required to pay for governmental service credit as follows:
The Participant must pay -Yo of the actuarial cost of the service credit.
The Participant must pay an amount equal to (must specify):
An Adopting Employer may elect to treat accumuIated days of unused leave for which a
terminated Participant is not paid as Credited Service. The Pension Committee shall be
responsible to certify to GMEBS the total amount of unused leave which is creditable hereunder.
The Employer elects the foilowing treatment of unused leave:
Unused leave shall not be treated as Credited Service (if checked, skip to next
section -Retirement Eligibility).
The following types of unused leave for which the Participant is not paid shall be
treated as Credited Service under the Plan (check one or more as applicable):
Unused sick leave
Unused vacation leave
Unused personal leave
Other (must specify):
Minimum Service Requirement,
In order to receive credit for unused leave, a Participant must meet the following requirement at
termination (check one):
0 The Participant must be 100% vested in a normal retirement benefit.
i0 The Participant must have at least years (insert number) of Total
Credited Service (not including leave otherwise creditable under this section).
Q Other(mustspecifv):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-12-
Use of Unused Leave Credit. Unused leave shall count as Credited Service for the following
purposes under the PIan (check one or more as applicable):
Computing amount of benefits payable.
LI Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Maximum Credit for Unused Leave.
Credit for unused leave shall be limited to a maximum of months (insert number).
Compvtation of Unused bve.
Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each
twenty (20) days of creditable unused leave shall constitute one (1) complete month of Credited
Service under the PIan. Partial months shall not be credited.
Other Conditions (please specify):
Early retirement qualifications are (check one or more as applicable):
ta Attainment of age 55 (insert number)
Completion of 10 years (insert number) of Total Credited Service
Exceptions: If different early retirement eligibility requirements apply to a particular class or
classes of Eligible Employees, the Employer must specify below the classes to whom the
dinerent requirements apply and indicate below the requirements applicable to them.
Eligible Employees to whom exception appt ies (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008) -13 -
Early retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age (insert number)
Completion of years (insert number) of Total Credited Service
NORMAL RETJREMENT QUALIFICATIONS
Note: Please complete this section and also Iist '"Alternative" Normal Retirement
Qualifications, if any, in next section.
Regular EmpIovees
Normal retirement qualifications for Regular EmpIoyees are (check one or mare as applicable):
Completion of 1years (insert number) ofTotal Credited Service
Exceptions: If different normal retirement qualifications apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
Normal retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age (insert number)
Completion of years (insert number) of Total Credited Service
Elected or Appointed Members of Governing Avthoritv
Complete this section only if elected or appointed members of the Governing Authority or
Municipal LRgal Officers are permitted to participate in the Plan. Normal retirement
qualifications for this class are (check one or more as applicable):
0 Attainment ofage (insert number)
i~ Completion of years (insert number) of Total Credited Service
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised JuIy 2008)
-14-
ALTERNATIVE NOW RETLRJSMENT QUALIFICATIONS
PIease skip to the next section (Disability Benefit Qualifications) if the Adopting Employer
does not offer alternative normal retirement benefits under the Plan. The Employer may
elect to permit Participants to retire with unreduced benefits after they satisfy service andlor age
requirements other than the regular normal retirement qualifications specified above. The
Employer hereby adopts the following alternative normal retirement qualifications:
Alternative Normal Retirement Qualifications (check one or more, as applicable):
rJ AIternative Minimum Age & Service Qualificalions. (if checked, please
complete one or more items below, as applicable):
Attainment of age (insert number)
IJ Completion of years (insert nwmber) of Total Credited
Service
This alternative normal retirement benefit is available to:
IJ All Participants who qualify.
Only the following Participants (must specify):
A Participant (check one): a is required is not required to be in the service of
the Employer at the time he satisfies the above qualifications in order to qualify
for this alternative normal retirement benefit.
RuIe of (insert number). The Participant's combined Total Credited
Service and age must equal or exceed this number. Please complete additional
items below:
To qualify for this alternative normal retirement benefit, the Participant (check
one): must have attained at least age (insert number) CI must not
satisfy any minimum age requirement.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify):
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the Rule in order to qualify for this
alternative normal retirement benefit.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2QQS) -15 -
Alternative Minimum Service. A Participant is eligible for an alternative
normal retirement benefit if he has at least years (insert number) of
Total Credited Service, regardless of the Participant's age.
This alternative normal retirement benefit is available to:
All Participants who quali@.
Only the following Participants (must specify):
Other Alternative Normal Retirement Benefit.
Must specify qualifications:
This alternative normal retirement benefit is available to:
Q All Participants who qualify.
~3 Only the following Participants (must specify):
DISABILITY BENEFIT QUALIFICATIONS
Please skip to the next section (Retirement Benefit Computation) if the Adopting Employer
does not offer disability retirement benefits under the Plan. Subject to the other terms and
conditions of the Master Plan, disability retirement qualifications are based upon Social Security
Administration award criteria or as otherwise provided under Article IT, Section 19 of the Master
Plan.
To quali@ for a disability benefit, a Participant must have the following minimum number of
years of Total Credited Service:
Nominimurn.
years (insert number) of Total Credited Service.
Other requirement (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-16-
RETlKF,MENT BENEFIT COMPUTATION
MAXTMUM TOTAL CREDITED SERVICE
The number of years of Total Credited Service which may be used to calculate a benefit is
(check one):
not limited.
limited to years.
limited to years as an elected or appointed member of the Governing
Authority or Municipal Legal Oficer.
MONTHLY NORMAL RETIIREMENT BENEFIT AMOUNT
The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check
one):
[XI Flat Percentage Formula. 2.75% (insert percentage) of Final Average
Earnings multiplied by years of Total Credited Service as an Eligible Regular
Employee.
Split Formula (Dynamic Break Point). % (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article IT, Section 15 of the Master Plan (Dynamic Break Point), plus YO
(insert percentage) of Final Average Earnings in excess of said Covered
Compensation, multiplied by years of Tofat Credited Sewice as an Eligible
ReguIar Employee.
Split Formula (Table Break Point). % (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article 11, Section 16 of the Master Plan (Table Break Point), plus YO
(insert percentage) of Final Average Earnings in excess of said Covered
compensation, multiplied by years of Total Credited Service as an Eligible
Regular Employee.
Grandfathered Split FormuIa. For Eligible Regular Employees employed on or
after , (insert date) and for Eligible Regular
Employees employed prior to said date only when application of this formula
would result in a higher benefit than ithe benefit as determined under the following
sentence, % (insert percentage) of Final Average Earnings up to
the amount of Covered Compensation as defined in Article TI, Section I5 of the
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008) -17-
Master Plan (Dynamic Break Point), plus % (insert percentage) of
Final Average Earnings in excess of said Covered Compensation, multiplied by
years of Total Credited Service as an Eligible Regular Employee. For Regular
Employees employed prior to ,(insert date)
only when application of this formula would result in a higher benefit than the
benefit as determined under the preceding sentence, % (insert
percentage) of Final Average Earnings up to the amount of Covered
Compensation as defined in Article 11, Section 14 of the Master Plan (Table
Break Point), plus Oh (insert percentage) of Final Average Earnings
in excess of said Covered Compensation, multiplied by years of Total Credited
Service as an Eligible Regular Employee.
[7 Other Formula (must specify):
Excevtions: If a formula other than that specified above applies to a special class(es) of Eligible
Regular Employees, the Employer must specify below the class(es) to whom the different
formula applies and indicate below the formula applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
Benefit formula for excepted class (must specify):
Final Average Earnings
Final Average Earnings is defined as (check one):
The annual average of Earnings paid to a Participant by the Adopting Employer
for the 5 (insert number not to exceed 5) consecutive years (12 month periods)
of Credited Service preceding the Participant's most recent Termination in which
the Participant's Earnings were the highest. Note: GMEBS has prescribed forms
for calculation of Final Average Earnings that must be used for this purpose.
Other method of calculation (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-18-
Elected or Appointed Members of the Governing Authority
Complete this section only if elected or appointed members of the Governing Authority or
Municipal Legal OEficers are permitted to participate in the Plan. The monthly normal
retirement benefit for members of this class shall be as follows (check one):
$ (insert dollar amount) per month for each year of Total Credited
Service as an elected or appointed member of the Governing Authority or
Municipal Legal OfXjces or major fraction thereof (6 months and 1 day).
Exceptions: If a different formula from that specified above applies to a particular class of
ekected or appointed members of the Governing Authority or Municipal Legal Off~cers,the
Employer must specify below the class to whom the different formula applies and indicate below
the formula applicable to them.
Those to whom exception applies (must specifv):
Benefit formula for excepted class (must specify):
MONTHLY EARLY RETIREMENT BENEFIT AMOUNT (check one):
IXI The monthly Early Retirement 'benefit shall be computed in the same manner as
the monthly Normal Retirement benefit, but the benefit shall be reduced on an
Actuarially Equivalent basis in accordance with Article XII, Section 1 of the
Master Plan to account for early commencement of benefits.
The monthly Early Retirement benefit shall be computed as follows (must
specify):
GMEBS -Defined Benefit Plan Adoption Ageement
(City of Milton -Revised July 2008)
-19-
MONTHLY LATE RETIREMENT BENEFIT AMOUNT (check one):
[XI The monthly Late Retirement benefit shall be computed in the same manner as
the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as
of his Late Retirement Date.
The monthly Late Retirement benefit shall be the greater of: (I) the monthly
retirement benefit accrued as of the Participant's Normal Retirement Date,
actuarially increased in accordance with the actuarial table contained in Article
XTT,Section 6 of the Master Plan; or (2) the monthly retirement benefit accrued as
of the Participant's Late Retirement Date, without further actuariaI adjustment
under Article X11, Section 6 of the Master Plan.
MONTTLY DISABILITY BENEFIT AMOUNT
Complete this section only if the Adopting Employer elects to provide Disabilily retirement
benefits. The amount of the monthly Disability Benefit shall be computed as follows (check
one):
The monthly Disability benefit shall be computed in the same manner as the
Normal Retirement benefrt, based upon the Participant's Accrued Benefit as of his
Disability Retirement Date.
Minimum DisabiIity Benefit. The Adopting Employer may set a minimum Disability Benefit.
The Employer elects the following minimum Disability benefit (check one):
No minimum is established.
No less than (check one): LX 20% 10% -YO (if other than 20% or 10%
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period immediately preceding his Termination of Employment
as a resuIt of a Disability.
No less than (check one): 66 213 % 0 % (if other than 66 2/3%,
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period immediately preceding his Termination of Employment
as a result of a Disability, less any benefits paid from Workers Compensation,
federal Social Security benefits as a result of disability, any state compulsory
disability plan, and any disability income plan paid by the Employer.
Other Minimum (must specify):
GMERS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 208)
-20 -
BENEFIT CAP FOR ELECTED OFFICIALS
Complete this section only if elected or appointed members of the Governing Authorily
participate in the Plan. In addition to any other limitations imposed by federal or state law, the
Employer may impose a cap on the monthly benefit amount that may be received by elected or
appointed members of the Governing Authority. The Employes elects (check one):
Q No cap.
Monthly benefit for Service as an elected or appointed member of the Governing
Authority may not exceed 100% of the Participant's final salary as an elected or
appointed member of the Governing Authority.
DISTRIBUTIONS FOR THOSE WEiO REMAIN IN SERVICE AFTER NORMAL
RETIREMENT
The Employer may elect to permit active Participants who have satisfied the Employer's
qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their
retirement benefit even though they have not yet terminated employment with Employer, subject
to the terms of the Master Plan. The Employer makes the following election in this regard
(check one):
Distribution of retirement benefits is not permitted until the Participant has
terminated employment and otherwise qualifies for receipt of benefits.
Participants who have satisfied the qualifications for Normal Retirement or
Alternative Normal Retirement may begin drawing their Normal Retirement
benefit even though they remain in the service of the Employer. This provision
applies to (check one):
o All Participants
Only Participants in the following classes (in-service distributions not
permitted for any others) (must specify):
GMBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-21 -
COST OF LIVING ADJUSTMENT
The Employer may elect to provide for a cost-of-living adjustment (COLA) in the amount of
benefits being received by Retired Participants and Beneficiaries, which shall be calculated and
paid in accordance with the terms of the Master Plan. The Employer hereby elects the following
(check one):
No cost-of-living adjustment.
Variable Annual cost-of-living adjustment not to exceed OJo (insert
percentage).
Fixed annual cost-of-living adjustment equal to % (insert percentage).
The above cost-of-living adjustment shalt apply with respect to Participants (and their
Beneficiaries) who terminate employment on or after (insert date).
REEMPLOYMENT AFTER RETIREMENT
Reemployment After Normal Retirement. In the event a Retired Participant is reemployed
with the Employer as an Eligible Employee aRer his Normal Retirement Date, the following rule
shall apply (check one):
tg The Participant's benefit shall be suspended in accordance with Article VT,
Section 6(a) of the Master Plan for as long as the Participant remains employed.
The Participant may continue to receive his retirement benefit in accordance with
Article VI, Section 6(c) of the Master Plan. This rule shall apply to (check one):
all Retired Participants only the following classes of Retired Participants
(must specify -benefits of those Retired Participants not listed shall be
suspended in accordance with Article W,Section 6Ca) of the Master Plan if
they return to work with the Employer):
Reemployment After Early Retirement. In the event a Participant retires with an Early
Retirement benefit and is reemployed with the Employer as an Eligible Employee before his
Normal Retirement Date, the following rule shall apply (check one):
[XI The Participant's Early Retirement benefit shall be suspended in accordance with
Article VT, Section 6(a) of the Master Plan for as long as the Participant remains
employed.
The Participant's eligibility to continue receiving Early Retirement benefits shall
be subject to the following limitations (if this item is checked, check one of the
following):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised JYly 2008)
-22-
17 The Participant's Early Retirement benefit shall be suspended. However,
the Participant may again begin receiving benefits after he satisfies the
qualifications for Normal Retirement or alternative Normal Retirement in
accordance with Article VI, Section 6(d) of the Master Plan.
The Participant may continue receiving his Early Retirement benefit in
accordance with Article VI, Section 6(e) of the Master Plan, provided his
initial retirement was in good faith and he does not return to employment
with the Employer for a minimum of months (insert number no
less than 6) following his effective Retirement date. If this requirement is
not met, the Participant's benefit shall be suspended until he satisfies the
qualifications for Normal Retirement or alternative Normal Retirement in
accordance with Article V1, Section 6Cd) of the Master Plan.
TWRNYlNATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING
Eligible Rwular Ernployea
Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible ReguIar
Employee and whose ernpIoyrnent is terminated for any reason other than death or retirement
shall earn a vested right in his accrued retirement benefit in accordance with the following
schedule (check one):
U No vesting schedule (immediate vesting).
[XI Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a
minimum of 2 years (insert number not to exceed 10) of Total Credited Service.
Benefits remain 0% vested until the Participant satisfies this minimum.
Graduated Vesting Schedule. Benefits shall become vested in accordance with
the following schedule (insert percentages):
GhaEBS -Defined Benefit Plan Adoption Apeement
(City of Milton -Revised July 2008)
-23 -
Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of
Regular Employees, the Employer must specify the different vesting schedule below and the
class(es) to whom the different vesting schedule applies.
Regular Employees to whom exception applies (must specify): Citv Manaver.
Vesting Schedule for excepted class (must specify): Immediate vest in^ (no vesting
aeqdrementl. Xn addition, the 1-year waiting period for ~articipationwill not apply to
Fmplovees in this class (see "Waiting Period" on p. 7).
Elected or Appointed Members of the Governing Authority
Complete this Section only if Elected or Appointed Members of the Governing Authority
are permitted to participate in the Plan. Subject to the terms and conditions of the Master
Plan, a Participant who is an elected or appointed member of the Governing Authority or a
Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited
Service in such capacity in accordance with the following schedule (check one):
0 No vesting schedule (immediate vesting).
Other vesting schedule (must specify):
PRE-RETIREMENT DEATH BENEFITS
IN-SERVICE DEATH BENEFIT
Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following
in-service death benefit, to be payable in the event that an eligible Participant's employment with
the Employer is terminated by reason of death prior to Retirement (check and complete one):
Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary, equal to the decreased monthly retirement benefit that
would have otherwise been payable to the Participant, had he elected a 100%joint
and survivor benefit under Article VII, Section 3 of the Master Plan. In order to
be eligible for this benefit, a Participant must meet the following requirements
(check one):
The Participant must be vested in a normal retirement benefit.
The Participant must have years (insert number) of Total
Credited Service.
The Participant must be eligible for Early or Normal Retirement.
o Other eligibility requirement (must specifv):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mittoton -Revised July 2008)
-24 -
o Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the
Participant's anticipated Normal Retirement benefit, provided the Participant
meets the following eligibility conditions (check one):
The Participant shall be eligible immediately upon becoming a Participant.
10 The Participant must have years (insert number) of Total Credited
Service.
0 Other eligibility requirement (must specify):
Imputed Service. For purposes of computing the actuarial reserve death benef t,
the Participant's Total Credited Service shall include (check one):
Total Credited Service accrued prior to the date of the Participant's death.
Total Credited Service accrued prior to the date of the Participant's death,
plus (check one): a one-half (5) (insert other
fraction) of the Service between such date of death and what would
otherwise have been the Participant's Norma1 Retirement Date.
Exceptions: If an in-service death benefit other than that specified above applies to one or more
classes of Participants, the Employer must specify below the death benefit payable, the class(es)
to whom the different death benefit applies, and the eligibility conditions for said death benefit.
Alternative Death Benefit (must specif%):
Participants to whom alternative death benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
TEMmATED VESTED DEATH BENEFIT
Complete this Sectien only if the Employer offers a terminated vested death benefit. The
Employer may elect to provide a terminated vested death benefit, to be payable in the event that
a Participant who is vested dies after termination of employment but before Retirement benefits
commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects
the following terminated vested death benefit (check one):
[XI Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary, equal to the decreased monthly retirement benefit that
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-25-
would have otherwise been payable to the Participant had he elected a 100%joint
and survivor benefit under Article VIl, Section 3 of the Master Plan.
Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary which shall be actuarially equivalent to the Participant's
Accrued Normal Retirement Benefit determined as of the date of death.
Exceptions: If a terminated vested death benefit other than that specified above applies to one
or more classes of Participants, the Employer must specify below the death benefit payable, the
cIass(es) to whom the dilfferent death benefit applies, and the eligibility conditions for said death
benefit.
AIternative Death Benefit (must specifv):
Participants to whom alternative death 'benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
EMPLOYEE CONTRIBUTIONS
Employee contributions (check one):
Are not required.
Are required in the mount of 3.0 % (insert percentage) of Earnings for all
Eligible Employees. Employee contributions shall commence as of the first
payroll period beginning on or after April 1,2007.
Are required in the amount of % (insert percentage) of Earnings for
Participants in the folIowing classes (must specif?.):
Pre-Tax Treatment of Employee Contributions. If employee contributions are required, an
Adopting Employer may elect to "pick-up" employee contributions to the Plan in accordance
with IRC Section 414(h). In such case employee contributions shall be made on a pre-tax rather
than a post-tax basis, provided the requirements of Section 414(h) are met. If the Employer
elects to pick-up empIoyee contributions, it is the Employer's responsibility to ensure that
employee contributions are paid and reported in accordance with Section 414(h). The Employer
hereby elects (check one):
To pick-up employee contributions.
Not to pick-up employee contributions.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mifton -Revised July 2aOS)
-26 -
Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any
refund of Employee Contributions.
n Interest shall not be paid.
Interest shall be paid on a refund of Employee Contributions at a rate established
by GMEBS from time to time.
EMPLOYER ADOPTION
The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement,
bylaws, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be
amended from time to time, in all matters pertaining to the operation and administration of the
Plan. It is intended that the Act creating the Board of Trustees of GMEBS, the bylaws of the
Board, the rules and regulations of the Board, and this Plan are to be construed in harmony with
each other. In the event of a conflict Ween the provisions of any of the foregoing, they shall
govern in the following order:
(1) The Act creating the Board of Trustees of the Georgia Municipal Employees
Benefit System, O.C.G.A. Section 47-5-1 et seq. and any other applicable
provisions of O.C.G.A. Title 47;
(23 The bylaws of the Board;
(3) The rules and regulations of the Board;
(4) This Ordinance and Adoption Agreement.
In the event that any section, subsection, sentence, clause or phrase of this Plan shall be
declared or adjudged invalid or unconstitutionaI, such adjudication shall in no manner affect the
previously existing provisions or the other section or sections, subsections, sentences, clauses or
phrases of this Plan, which shall remain in full force and effect, as if the section, subsection,
sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not
originally a part hereof The Governing Authority hereby declares that it would have passed the
remaining parts of this Plan ot retained the previously existing provisions if it had known that
such part or parts hereof would be declared or adjudicated invalid or unconstitutional.
The Adopting Employer understands that failure to properly complete this Adoption
Agreement may result in the Adopting Employer's plan not being qualified under the Internal
Revenue Code. The Adopting Employer also agrees it will inform the Board of any amendments
to this Adoption Agreement, its Plan, or the discontinuance, abandonment or termination of its
Plan.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-27-
AN ORDINANCE (continued from page 1)
Section 2. Except as otherwise specifically required by law or by the terns of the Master
Plan or Adoption Agreement, the rights and obligations under the Plan with respect to persons
whose employment or term of office with the City was terminated for any reason whatsoever
prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any,
as it existed and was in effect at the time of such termination.
Section 3. This Ordinance shall become effective upon adoption by the Mayor and
Council, and it shall be retroactive to April 1,2007.
Section 4, All Ordinances and parts of ordinances in conflict herewith are expressly
repealed.
Approved by the Mayor and Council of the City of Milton, Georgia this day of
-2008.
Attest: CITY OF MILTON, GEORGIA
City Clek Mayor
(SEAL)
Approved:
City Attorney
The terms of the foregoing Adoption Agreement are approved by the Board of Trustees
of the Georgia Municipal Employees Benefit System.
TN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees
Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed
this day 20-.of,
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
GMEBS -Defined Benefit Plan Adoptlon Agreement
(City of Milton -Revised July 2008) -28 -
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake,Public Works Director
Date: July 17, 2008 for the August 4, 2008 Council Meeting for First Presentation and
the August 18, 2008 for Second Reading
Agenda Item: An Ordinance to Adopt the City of Milton Trail Development Standards
Engineer Recommendation:
The Staff recommends adoption of the Milton Trail Development Standards as an Ordinance.
The Milton Trail Development Standards are to be presented to the City Council for first
reading at the August 4, 2008 City Council meeting.
Background:
A resolution accepting the recommendations of the Milton Bicycle and Pedestrian Path
Advisory Committee for the Milton Trail Plan was adopted by Council on July 12, 2007. The
Resolution and Milton Trail Plan recommendations and priorities are utilized as a tool for
promoting new sidewalk and trail retrofit projects as a condition of new development. To
promote trail construction, to clarify the Council’s intent with new development and to research
grants and costs, the Milton Trail Plan needs to include Trail Development Standards. The
Milton Bicycle and Pedestrian Path Advisory Committee developed Milton Trail Development
Standards including side of the road location, edge of pavement type (cross section), and
material type. These details were presented by Milton Bicycle and Pedestrian Path Advisory
Committee Chair, Dr. Brian Maloney at the May 12, 2008 City Council work session.
Discussion:
The Milton Trail Development standards include development requirements and trail details
including proposed cross section, material types for segments of the trail, and fence and signage
standards. The materials used will be gravel, concrete, and asphalt. The cross sections show the
proposed trail locations relative to the roadway and fence options. The development
requirements include the triggers for mandatory participation by land owners as they develop
property adjacent to the Milton Trail.
Attachments:
Ordinance to adopt Milton Trail Development Standards as an Ordinance
Exhibit A: Milton Trail Development Standards
Concurrent Review:
Legal Review Jarrard & Davis – Paul Higbee – Comments received July 17, 2008
Community Development – Alice Wakefield – Comments received July 17, 2008
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
EXHIBIT “A”
Milton Trail Development
Standards
Public Works Department
July 17, 2008
Table of Contents
Table of Contents .........................................................................................................................1
Article 1: Definitions of Terms ..................................................................................................2
Article 2: Background Documents on Sidewalks, Paths, and Trails ..................................4
Article 3: Trail Development Requirements ...........................................................................5
Section 1: Creation of the Milton Trail ........................................................................5
Section 2: Existing Sidewalks, paths, or trails ............................................................6
Section 3: Provisions for Trail Easements ...................................................................6
Article 4: Trail Details .................................................................................................................7
Section 1: Side of the Road Location ............................................................................7
Section 2: Material Type .................................................................................................7
Section 3: Cross Section or Edge of Pavement Type ...................................................7
Section 4: Fence Standards .............................................................................................8
Section 5: Signage Standards .........................................................................................8
Section 6: Gravel Roads ..................................................................................................8
Section 7: Updates ...........................................................................................................8
Appendix A ...................................................................................................................................9
Figure A.1: Milton Trail Edge of Pavement (EOP) Type and Material Type ........10
Appendix B..................................................................................................................................11
Milton Trail Cross Sections .........................................................................................11
Figure B.1 Rural EOP, Asphalt ....................................................................................12
Figure B.2 Rural EOP, Gravel ......................................................................................13
Figure B.3 Modified Rural EOP, Asphalt ...................................................................14
Figure B.4 Modified Rural EOP, Gravel .....................................................................15
Figure B.5 Urban EOP, Concrete .................................................................................16
Figure B.6 Urban Residential EOP, Concrete ............................................................17
Figure B.7 Urban Bike EOP, Concrete.........................................................................18
Figure B.8 Gravel Road, Gravel ...................................................................................19
Figure B.9 Off Road, Gravel .........................................................................................20
Figure B.10 Off Road, Asphalt .....................................................................................21
1
Article 1: Definitions of Terms
Building Permit: A building permit is for a principal structure not including minor
repairs or additions to the principal building or structure in existence. Such
determination will be made by the Director of Community Development.
Principal Structure: A structure in which the principal use or purpose on a property
occurs, and to which all other structures on the property are subordinate. Principal shall
be synonymous with main and primary.
Accessory Structure: A subordinate structure, customarily incidental to a primary
structure or use located on the same lot.
Single Family Residential Building Permit: A single family residential building permit is
for building a single family dwelling unit. The dwelling unit including accessory
structures is on a separate lot of record.
Development Permit: A development permit is for alteration or development of a given
tract of land or the commencement of any land disturbing activity. This permit may
include Land Disturbance Permits and Minor Subdivision Plats. This excludes Right-of-
Way encroachment permits. Such determination will be made by the Director of
Community Development.
Development: Any man-made change to improved or unimproved real estate.
Director of Community Development: City of Milton Director of the Department of
Community Development, or his or her designee
Director of Public Works: City of Milton Director of the Department of Public Works, or
his or her designee
Owner: A person, other than a lienholder or security interest holder, having the
property in or title to a parcel of land. The term includes a person entitled to the use and
possession of a parcel of land subject to a security interest in or lien by another person
or entity, but excludes a lessee under a lease not intended as security except as
otherwise specifically provided in this Ordinance.
Right-of-Way: The entire width and length of a public road, street or highway,
including the traveled portions, berms, shoulders and medians of a roadway not
privately owned. Also, publicly dedicated portions of the Milton Trail as contemplated
herein.
2
Roadway: That portion of a Right-of-Way improved, designed, or ordinarily used for
vehicular travel, exclusive of berms, medians, and shoulders.
Sidewalk, Path, or Trail: That portion of a Right-of-Way between the curb lines and the
adjacent private property lines, intended for use by pedestrians.
3
Article 2: Background Documents on Sidewalks, Paths, and Trails
The City of Milton has adopted documents that contain information relating to
sidewalk, path, and trail requirements in the City of Milton. Where differences appear
between this Ordinance and the documents listed below, this Ordinance shall take
precedence.
Zoning Ordinance
Adopted on December 21, 2006
Subdivision Regulations
Adopted on December 21, 2006
Right of Way Ordinance
Adopted on June 7, 2007
Resolution accepting recommendations of Milton Trail Plan
Adopted on July 12, 2007
4
Article 3: Trail Development Requirements
Section 1: Creation of the Milton Trail
The “Milton Trail” (as described in the City of Milton trail plan adopted by the City
Council on July 12, 2007, hereinafter the “Milton Trail Plan”) shall be installed as
follows:
(a)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall be required
to provide a public trail consistent with the Milton Trail Plan and this Ordinance.
(b)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall dedicate the
Right-of-Way necessary to construct the Milton Trail according to the cross
sections in Article 4 Section 3 and Appendix B.
(c)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall construct
the required Milton Trail according to this Ordinance. If a special hardship exists,
as determined by the Director of Community Development, the Director, in
his/her sole discretion, may authorize payment to the City of Milton for the costs
of such construction in lieu of the required installation of the Milton Trail in an
amount determined by the Director of Public Works.
(d)In cases where a development permit or building permit, as defined in Article 1,
is sought on a tract(s) of land proposed for development:
1.The plans shall indicate proposed construction of the Milton Trail along
all required streets per Article 4 Section 1 and Figure A.1. The location of
the Milton Trail may use alternate routes to connect adjacent destinations
in coordination with the Milton Trail Plan and this Ordinance.
2.The installation and City acceptance of the Milton Trail shall be completed
within six (6) months of issuance of the Land Disturbance Permit or prior
to a Certificate of Occupancy being issued for the building or structure on
the affected parcel, whichever comes first. The Director of Public Works
has the authority to extend this time frame, but for no more than an
additional six (6) months.
3.The Director of Public Works may require the owner, developer, or
occupier of the parcel of land where a permit is applied for, to construct a
bridge as a part of the Milton Trail.
5
(e)In cases where one single family residential building permit, as defined in Article
1, is sought outside of a subdivision, the construction of the Milton Trail is not
required. The necessary Right-of-Way to construct the trail is required.
(f)Where trees exist or other conditions exist, the City may require the Milton Trail
to meander in the Right-of-Way. Should the trail be proposed to meander out of
the proposed Right-of-Way, additional Right-of-Way is required. The trail may
divide at times into two (2) sections to save a tree.
(g)In cases where the Milton Trail is required, per Figure A.1 and there is not
development permit adjacent to the trail, the City’s goal is to provide a trail
consistent with the Milton Trail Plan and this Ordinance Article 4 and Appendix
B.
Section 2: Existing Sidewalks, paths, or trails
Where the Milton Trail is required, per Article 3 Section 1, and there is an existing
sidewalk, path, or trail along the road or street frontage:
(a)An inspection of the sidewalk, path, or trail shall be made by the City.
(b)If the inspection shows a deficiency in an existing sidewalk, path, or trail, or that
a sidewalk, path, or trail does not exist along the entire frontage of the lot at
issue, the owner must construct or repair the sidewalk, path, or trail in
accordance with the Milton Trail Plan and this Ordinance, including material
revisions as required by the City.
Section 3: Provisions for Trail Easements
If it is not possible to dedicate the necessary Right-of-Way for the Milton Trail, as
determined by the Director of Public Works, a trail easement on the form provided by
the City will be required. The City prefers Right-of-Way dedication rather than
easements.
6
Article 4: Trail Details
Section 1: Side of the Road Location
The side of the road location where the Milton Trail shall be required shall be according
Figure A.1.
Section 2: Material Type
The required materials for the Milton Trail segments shall be according to Figure A.1.
The materials for the Milton Trail include: Gravel, Asphalt, and Concrete.
(a)Materials shall be organic natural colors as approved by the Director of Public
Works in consultation with the Milton Design Review Board.
(b)Concrete may be required to be stamped at intersections and transition segments
using the Milton Horse logo and as approved by the Director of Public Works.
(c)Asphalt may be required where slopes are too steep for gravel material.
(d)Additional gravel reinforcement may be required.
(e)Trail to provide a firm and stable surface.
Section 3: Cross Section or Edge of Pavement Type
Milton Trail cross sections are based upon edge of pavement type. The cross section
required for each segment of the Milton Trail shall be according to Figure A.1. The cross
section details shall be according to the details in Appendix B. The cross section types
include:
(a)Figure B.1 Rural EOP, Gravel
(b)Figure B.2 Rural EOP, Asphalt
(c)Figure B.3 Modified Rural EOP, Gravel
(d)Figure B.4 Modified Rural EOP, Asphalt
(e)Figure B.5 Urban EOP, Concrete
7
(f)Figure B.6 Urban Residential EOP, Concrete
(g)Figure B.7 Urban Bike EOP, Concrete
(h)Figure B.8 Gravel Roads, Gravel
(i)Figure B.9 Off Road, Gravel
(j)Figure B.10 Off Road, Asphalt
Section 4: Fence Standards
Four board equestrian style fences shall be required along the Milton Trail according to
Figure A.1. The fence shall be located outside of the Right-of-Way or Trail Easement on
private property. A fence may be required between the roadway and the trail for safety
of the trail users. The fence within the Right-of-Way shall be outside of the minimum
clear zone distance as determined by the Director of Public Works.
Decorative fence features at intersections may be required if approved by the Director
of Public Works.
Section 5: Signage Standards
Trail signs shall have a rustic appearance of earthy wood-like materials. Trail signs shall
feature City’s horse logo and may use hitching post beside the sign if approved by the
Director of Public Works. Directional signs may be provided at major trail branch
points. Trail signage may be used at the ends of all gravel roads included in the trail
network.
Section 6: Gravel Roads
Milton’s existing gravel roads provide an established network of bicycle, pedestrian,
and equestrian trails. The gravel roads that are part of the Milton Trail according to
Figure A.1 shall remain gravel surfaces and may include trail signs at each end.
Section 7: Updates
Appendix A and B may be updated if deemed necessary as determined by the Director
of Public Works.
8
Appendix A
Milton Trail Edge of Pavement (EOP) Type and Material Type Map
9
10
Figure A.1: Milton Trail Edge of Pavement (EOP) Type and Material Type Figure B.1 Figure B.2 Figure B.3 Figure B.4 Figures B.5 & B.6Figure B.7 Figure B.8 Figure B.9 Figure B.10
Appendix B
Milton Trail Cross Sections
Figure B.1 Rural EOP, Asphalt
Figure B.2 Rural EOP, Gravel
Figure B.3 Modified Rural EOP, Asphalt
Figure B.4 Modified Rural EOP, Gravel
Figure B.5 Urban EOP, Concrete
Figure B.6 Urban Residential EOP, Concrete
Figure B.7 Urban Bike EOP, Concrete
Figure B.8 Gravel Road, Gravel
Figure B.9 Off Road, Gravel
Figure B.10 Off Road, Asphalt
11
Cross Section: Rural Material: Asphalt Figure B.1 Rural EOP, Asphalt
12
Cross Section: Rural Material: Gravel Figure B.2 Rural EOP, Gravel
13
Cross Section: Modified Rural Material: Asphalt Figure B.3 Modified Rural EOP, Asphalt
14
Cross Section: Modified Rural Material: Gravel Figure B.4 Modified Rural EOP, Gravel
15
Cross Section: Urban Material: Concrete Figure B.5 Urban EOP, Concrete
16
Cross Section: Urban Residential Material: Concrete Figure B.6 Urban Residential EOP, Concrete
17
Cross Section: Urban Bike Material: Concrete Figure B.7 Urban Bike EOP, Concrete
18
Cross Section: Existing Gravel Road Material: Gravel Figure B.8 Gravel Road, Gravel
19
Cross Section: Off Road Material: Gravel Figure B.9 Off Road, Gravel
20
Cross Section: Off Road Material: Asphalt Figure B.10 Off Road, Asphalt
21
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake,Public Works Director
Date: July 28, 2008 for the August 4, 2008 Council Meeting
Deferred to the August 18, 2008 Council Meeting
Agenda Item: Approval of two facility use agreements with Hopewell Youth Association for
baseball programs at Bell Park
Recommendation:
The Staff recommends Council approve the agreements and provide authority for staff to sign
the two facility use agreements with HYA for their baseball programs at Bell Park: Recreational
League and Travel Teams.
Background:
The current agreement with Hopewell Youth Association for the provision on youth baseball
programs at Bell Park expired on December 31, 2007. A letter agreement between the parties
extended the terms and the City confirmed insurance coverage was provided in 2008.
Discussion:
These two proposed facility use agreements replace the existing agreement, with the Travel
Teams agreement expiring December 31`, 2009 and the recreational ball agreement
automatically renewed for a total of 5 years.
A few highlights:
•Requires Milton residents to get first right of registration for Rec Ball.
•All Non-Milton residents will pay 50% fee on top of the resident fee.
•Responsibilities of the City and HYA are spelled out in greater detail.
•15% of all fees (except non-resident and late fees, which are 100% and go directly to the
City) must be used by HYA for capital re-investment in the park.
•Travel teams pay $1,500 to the City per team for each season.
Attachments:
1.Facility Use Agreement for Recreational Baseball (with Hopewell Youth Association for
Bell Park usage)
2.Facility Use Agreement for Travel Teams (with Hopewell Youth Association for Bell
Park usage)
Concurrent Review:
Legal Review Jarrard & Davis – Paul Frickey – Comments received July 17, 2008
Tina D’Aversa and Julie Zahner-Bailey, City Council
FACILITY USE AGREEMENT
FOR RECREATIONAL BASEBALL LEAGUE PLAY
AT BELL MEMORIAL PARK
This Agreement is entered into this ___ day of ______, 20__ by and between the City of
Milton, Georgia (hereinafter referred to as “City”) and the Hopewell Youth Association, Inc.
(hereinafter referred to as “Association”).
1.PURPOSE. The City and the Association (hereinafter collectively referred to as
“parties”) acknowledge the great value of providing recreational athletic opportunities for youth.
The parties to this contract further acknowledge the various assets the parties can bring to
provide a positive, beneficial recreational athletic experience to the youth of the City. This
Agreement is intended to provide the best opportunity for these youth to participate in an
enjoyable athletic league experience and should be interpreted first and foremost in the best
interests of the participants of the programs described herein. In addition, the parties recognize
that the City is and should be primarily interested in providing such services to the youth living
in its jurisdiction and that those youth should be given priority and preference in the enjoyment
of the benefits provided pursuant to this Agreement.
2.GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out herein, the
City agrees to provide the Association with exclusive use of the facilities, including ball fields,
concession stands, and the Bennett House (collectively referred to as “Facilities”), located at Bell
Memorial Park (“Park”),, pursuant to the scheduling and usage provisions detailed in Paragraph
15, without charge and the Association agrees to provide a recreational sports program subject to
the provisions described in this Agreement and for the purposes set forth in Paragraph 1, above.
The recreational sports program described herein shall be designed as a program where all
children who register under association and/or city guidelines will be able to play on a team that
matches their age and ability in league play. Use of the Facilities granted herein shall be limited
to practices, games, meetings, tryouts, opening day activities, and post-season all-star activities
(so long as the all-star teams are comprised solely of participants in the recreational sports
program for the season) for the recreational league. The recreational program described herein
and for which use of the Facilities is granted expressly does not include practices, games,
meetings, tryouts, and games for “travel out-of-park teams” that include participants drawn from
outside the recreational program described herein, and special tournaments outside of regular
league play, which such teams and tournaments shall require separate agreements between the
parties.
3.TERM. Subject to any provisions of this Agreement relating to earlier termination, the
initial term of this Agreement shall be from July 1, 2008 thru December 31, 2008. This
Agreement will automatically renew for five successive one year periods beginning on January 1
of the succeeding calendar year and ending on December 31 of the succeeding calendar year
without the action of either party unless either party delivers written notice of non-renewal to the
other party by no later than October 31 of the then current calendar year. If written notice of
non-renewal is given, this Agreement will terminate upon the expiration of the then current
calendar year. Nothing stated herein shall obligate the City to extend this Agreement beyond the
initial term of any of the succeeding calendar year terms.
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4.CONFLICT OF INTEREST. In order to prevent possible conflicts of interest, no
Association officer, or board member (or their immediate family member) may be employed or
otherwise financially involved with any commercial or private enterprise that provides goods or
services to the Association (including, but not limited to tournament hosting, professional
services, athletic equipment, apparel, and sports photography, with the exception of the
professional umpires or those youths participating in the youth employment programs). The City
shall immediately notify the Association of any challenge to the eligibility of a potential or
existing officer, or board member. In the event the City establishes an approved vendor list, the
Association shall insure that its vendors are selected from or are added to the City’s approved
vendor list.
The parties agree that the current Association policy that permits an office or board member one
(1) no-charge recreation-level registration is allowed to continue. This policy is acknowledged
by both parties as the only form of stipend, benefit, or payment to an officer or board member for
their service to the Association. In conjunction with this policy, the City agrees to waive one
non-resident fee for each of no more than four out-of-city Board members.
5.OTHER RULES. In addition to the terms and conditions set forth in this Agreement, the
Association shall comply with all laws, statutes, ordinances, rules, orders, regulations and
requirements of federal, state, county and city governments where applicable.
6.BACKGROUND CHECKS. In order to ensure the safety and well being of program
participants, the Association shall have criminal background checks performed on all officers,
board members, managers, assistant coaches, and umpires, aged 18 years and above. These
background checks will be paid by the individual for whom the background check is performed.
All background checks are to be conducted by a third party agency that specializes in this area in
accordance with city policies. The Association will disqualify any individual about whom the
background check described herein reveals a conviction or plea of guilty or no contest to crimes
suggesting it would be inappropriate for the individual to hold a position in the recreation
program. An initial background check shall be performed prior to an individual performing any
functions requiring a background check pursuant to this paragraph and annually thereafter no
later than December 31 of the calendar year following the date of the last background check in
order to insure that there have been no recent incidents that would be revealed by a background
check.
7.CERTIFICATION. The Association shall require and insure that all managers, coaches,
and assistant coaches, receive and maintain initial level membership in the National Youth
Sports Coaches Association and shall complete the On-line Clinic for baseball coaches. The
Association shall require and insure that all Association officers and board members receive and
maintain initial level membership in the national Youth Sports Administrators Association.
Records of the membership shall be maintained by the Association and copies of the certification
shall be delivered to the City no less than one week prior to the start of organized activities for
each season. The Association shall require and insure that all umpires and officials shall receive
appropriate certification from professional associations of umpires and officials.
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8.DISCIPLINARY PANEL. The Association shall establish an Athletic Disciplinary Panel
to resolve disputes with respect to application of the Association’s rules related to competition
and participation in the recreation program.
9.REGISTRATION. The Association will conduct registration in two separate phases.
Not less than fourteen (14) calendar days prior to the first phase of registration, the Association
shall provide a written notice to the City and the general public of the registration schedule and
procedures for each season. Notification of the registration schedule to the general public shall
include posting on the Association’s website, delivery of an electronic version of the schedule in
a form such that the City can post the schedule on its website, and email release to previous
Association participants.
In the first phase, to be held not less than fourteen (14) days prior to the second phase of
registration, only youths who are residents of the City shall be entitled to register. If any spots
remain for participants in the recreation program, a second phase of registration will be
conducted. In the second phase, registration shall be open to youth regardless of residence. This
section does not preclude tiered registration within the second phase, including preferential
registration for veteran players or a late registration period. Registrants who are not residents of
the City shall pay an additional fee (“supplemental fee”) that is 50% greater than the fee charged
during the first phase of registration (“resident fee”). A late fee may also be charged during the
second phase. Once registration is complete all of the registrants shall be treated in all respects
equally regardless of whether they registered during the first or second phase of registration. Not
less than thirty (30) calendar days after the last day of registration, the Association shall provide
to the City, a list of the registrants’ names, addresses, reported city of residence, ages, and phone
numbers.
10.RESIDENT FEES. The Association will charge reasonable fees to participants for
participation in the recreational programs authorized herein. The fees shall be sufficient to cover
the reasonable expenses associated with the operation of the recreational programs and the
reinvestment requirement described in paragraph 12, below. The fees shall not be used to
financially benefit any officers, directors, or members of the Association. Prior to the start of
registration, all proposed fees and charges must be submitted and approved by the City Manager.
11.SUPPLEMENTAL AND LATE FEES. All supplemental and late fees paid during the
second phase of registration over and above the resident fees shall be collected by the
Association and paid to the City no later than thirty (30) calendar days after the second phase of
registration is complete. Such fees shall be kept in a separate fund by the City for park
improvement purposes.
Upon receipt of the Association’s registration data, the City will research each registrant to
confirm the accuracy of the reported city of residence. Any discrepancies from the City research
will be reported back to the Association. The Association is responsible to contact the registrant
and obtain proof of residency or the supplemental fee. The Association will provide the
collected supplemental fees to the City within thirty (30) days from receipt of the City’s list of
discrepancies.
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12.REINVESTMENT. Of the resident fees and other monies collected (including
concession fees) by the Association, the Association shall transfer no less than fifteen percent
(15%) of such fees and monies collected or $25,000.00, whichever is greater, to an Association
capital fund on an annual basis for improvements to the fields or facilities located at the Park.
All reinvestment work performed by the Association or its contractor shall be subject to
provisions in Paragraph 22.
13.FINANCIAL REPORTING. No later than March 31 of the year following each annual
term of this Agreement, the Association shall provide to the City Manager full financial reports,
including filed taxes, beginning and ending balance sheets and an annual income and expense
report detailing the amounts and sources of income (including, but not limited to, resident fees,
supplemental fees, concessions, grants, fundraisers, advertising, and grants) and expenses of the
Association for the previous calendar year, prepared by an independent certified public
accountant, and signed by the Association Board verifying the accuracy of the information
contained therein. In addition, at not less than 45 days after the end of each season, the
Association shall provide to the City Manager an accounting of program fees, fund raisers and
other income collected and the expenses incurred by the Association with respect to recreational
programs at the Park during the season. Also no later than March 31 of the year following each
annual term of this Agreement, the Association shall provide to the City Manager documentation
and receipts of payment with respect to amounts reinvested in the fields and facilities as required
in this paragraph.
14.INSURANCE. The Association shall procure at its own expense and shall maintain for
the term of this Agreement the following insurance (with limits as shown herein) and shall
protect the Association and the City from any claims for property damage or personal injury,
including death, which may arise out of operations under this Agreement, and the Association
shall furnish the City Manager with certificates of such insurance with the City as an additional
named insured at least ten (10) days prior to use of the facilities:
a.Comprehensive General Liability Insurance providing coverage with
$1,000,000.00 single limit for bodily injury and property damage for each
occurrence including contractor’s liability insurance covering any indemnification
or hold harmless provision of this Agreement.
b.Automobile Liability Insurance providing the following coverage: personal
injury, including death, limits of $200,000.00 for each person and $500,000.00 for
each accident; property damage limits of $100,000.00 for each accident and
$200,000.00 for the aggregate of operations; vehicular liability limits of
$100,000.00 for any person or $200,000.00 for each occurrence.
The insurance coverage required herein shall not be cancelled or materially altered, or allowed to
lapse until thirty (30) days’ written notice has been received by the City Manager, and it shall be
the Association’s responsibility to see that each company providing this coverage understands
and complies with this required notice. Such policies shall be primary and non-contributing with
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or in excess of any insurance carried by the City. The Association shall not do any act which
may make void or voidable any such policy or any other insurance on the facilities.
The Association shall further either (a) require each of its subcontractors to procure and to
maintain during the term of his subcontract Subcontractor’s public liability and property damage
and vehicle liability insurance of the type and in the same amounts as specified in this section, or
(b) insure the activities of the Association’s subcontractor in the Association’s own insurance
policy. Such subcontractors include any firm or contractor hired by the Association to perform
services.
It is the responsibility of the Association to insure any contents stored in any concession stands,
offices, or other storage buildings.
15.SCHEDULING AND USE. The Association agrees to provide the City with a written
general schedule of games and practice times the Association desires to use the fields and
facilities prior to the first scheduled practice or game. The Association shall request the issuance
of a permit by the City for the times identified in the schedule. Upon receipt of all materials
required by this Agreement, the City will issue a Facility Use Permit. It is understood by both
parties that this schedule can be of a general nature with blocks of time required for games and
practices; however the Association’s use of the Facilities shall be limited to those times set forth
in the Facility Use Permit and shall not be used for any purposes other than the recreational
program described herein.
Other than the times set forth in the Facility Use Permit issued by the City, the fields and
facilities shall be available to the public on a first-come first-served basis and the Association
shall have no special rights or privileges. The Association may not prohibit public access to
fields and facilities during unscheduled times. The Association may not manipulate fields and
facilities at the expense of public access rights.
The Association must receive written permission from the City to use Association locks on
buildings, light boxes, and gates. If such permission is granted, the Association must furnish the
City with a tagged key to each lock. Failure to provide such keys will result in the locks being
cut. The City, or any of its agents or employees, shall have the right to enter upon the said
premises at any time during the term of this Agreement to examine, inspect, or supervise as
deemed necessary by the City.
16.SAFETY. In accordance with the Georgia Recreation and Park Association’s policy
concerning outdoor activities in extreme heat, as a condition of using the city sports facilities, the
Association must abide by the following: “It is the policy of GRPA that outdoor events
sponsored by GRPA will not be held under hazardous conditions such as severe weather that
includes high winds, heavy rain, lightning, and conditions where surface smoke has been
identified as unsafe.”
The Association is responsible for operating the recreation program in as safe an environment as
possible. All sports equipment must meet national safety standards with regular documented
inspection as to the condition of the equipment performance. This includes equipment rented,
Page 5 Recreational Baseball Agreement
leased, donated, or loaned to participants by the Association. All fields should be inspected
before each use to insure a safe environment.
The Association shall insure that no less than one coach or assistant coach is on duty when teams
or players occupy the facilities. The Association must have a sufficient number of mature
representatives present to supervise all scheduled activities from the time the participants arrive
until the area has been completely vacated.
The Association shall have on hand and readily-available and maintain a first aid kit to deal with
cuts, bruises, and other minor injuries that may occur during activities. The Association is
encouraged to arrange for the availability of defibrillators with trained members at the facilities.
17.TRASH. The City shall provide trash receptacles throughout Bell Memorial Park and
will remove trash from the receptacles not less than twice a week. The Association shall be
responsible for daily clean-up, placing litter in proper containers, and cleaning the concession
stands, bleachers, fields, dugouts, or any other areas used by the Association prior to leaving the
facilities after each function (games and practices). The Association is empowered by the City to
and shall have the ability and right to police the Facilities for littering.
If clean up for each function (games and practices) is not done in a reasonable amount of time,
then the City will immediately notify the Association and the Association will send out staff or
members to clean up such areas within 24 hours. The Association shall promote and encourage
proper trash disposal to coaches, parents, and team members.
18.RESTROOMS. The City shall clean and stock the restrooms at Bell Memorial Park no
less than two (2) times per week. The Association shall be responsible for monitoring the
restrooms during its use of the facilities. The Association shall arrange for hourly inspections to
ensure that the restroom facilities are not being damaged. The Association shall be responsible
for locking the restroom facilities as the conclusion of each function (games and practices).
Repairs to damages to the restroom facilities that can be traced to acts of the Association’s
members or the failure of the Association to take actions required by this Agreement shall be
deducted from the clean-up deposit and replenished by the Association as set forth with respect
to clean-up of the Facilities.
19.FIELD MAINTENANCE. The Association shall be responsible for maintenance of the
fields including, but not limited to, mowing the grass portions of the infields, maintaining and
servicing the “dirt” portions of the fields, preparing bases, mounds, and fences, and applying
lines. The Association shall be responsible for providing any materials or supplies necessary to
perform the maintenance.
The City shall be responsible for mowing the outfield grass on all fields and all grass on the
outside of the fenced areas of the ballfields, as needed. The City shall be responsible for
providing any materials or supplies as needed for this function.
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20.UTILITIES. The City will supply water to the fields and facilities. The City will provide
all utilities associated with the Bennett House. The City will provide electricity to the fields and
concession stands.
The Association will be responsible for watering the fields in full compliance with all federal,
state, county, and city laws, rules, regulations, and published policies with respect to water use.
To the extent the City is required to pay any fines, fees, or other penalties as a result of the
Associations violation of this section, the Association shall reimburse the City for any such
penalties no later than seven (7) days after receiving written notice from the City of the amount
of the penalty.
The Association will provide the City a schedule of the hours field lighting is required at least
one week prior to each season. The City will ensure the field lights are turned on and off,
according to the agreed upon schedule. The Association will not have access to the field lights
or timers and is not allowed to turn the field lights on or off.
21.INDEMNIFICATION. The Association shall protect, defend, indemnify, and hold
harmless the City, its Mayor, Council members, officers, employees, successors, assigns, and
agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies,
expenses, or costs (including, but not limited to, reasonable attorney’s fees, investigative and/or
legal expenses, and costs of judgment, settlements, and court costs) (hereinafter referred to as
“Claims”) suffered or incurred by such parties whether arising in tort, contract, strict liability, or
otherwise and including, but not limited to, personal injury, negligence, wrongful death, or
property damage, regardless of the outcome of any such action, proceeding, or investigation
caused by, related to, based upon, or arising out of the Association’s use of the Facilities,
provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole
negligence of the City. The language of this indemnification clause shall survive the termination
of this Agreement, even if the City terminates this Agreement for convenience.
22.REINVESTMENT, REPAIRS AND ALTERATIONS. The Association shall obtain
prior written approval and consent from the Public Works Director before making any major
repairs, or any improvements, additions or alterations to any of the Facilities. Notwithstanding
whether or not prior written permission was obtained, all improvements, additions, or alterations
to the Facilities shall become the property of the City and remain upon said premises and be
surrendered with the premises at the termination of this Agreement. Failure to obtain prior
written permission from the City can constitute cause for the immediate termination of this
Agreement. The Pubic Works Director or designee shall respond in writing to all such written
requests within five (5) business days.
All reinvestment, repairs, or alterations shall be subject to the general provisions of this
Agreement requiring the Association to obtain the City’s prior approval for any additions or
changes to existing fields and Facilities and providing that any such additions or changes shall
become the property of the City. To the extent any reinvestment work is to be performed by any
party other than the Association, any such contract or subcontract agreement for the provision of
such services/improvements shall be in a form approved by the City Manager and such contract
shall not be executed without the prior written consent of the City Manager. The City Manager
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shall respond, in any way, within five (5) business days of receiving a written request for
contract approval
23.VANDALISM. The association is responsible for reporting all acts of vandalism to the
facilities or Association property to the City not later than the next working day after detection of
the vandalism. A copy of the police report must be filed with the City. If the damage is a result
of Association members’ negligence or failure to comply with accepted operational or security
measures, the Association will be responsible for making the necessary repairs or for
reimbursing the City for all or part of any repair costs incurred by the City, at the City’s
discretion.
24.CONTROL OF BEHAVIOR. The Association is empowered by the City to and shall
control the behavior of participants and spectators during the functions (games and practices) to
the same extent the City is so empowered. The Association can eject an unruly or dangerous
participant, coach, parent, or spectator from the premises during sporting events. This authority
may be exercise only by an Association board member, coach, or umpire.
25.NUISANCE. The Association agrees to take any action necessary to prevent or correct
any nuisance or other grievances upon, or in connection with, said premises during the terms of
this Agreement.
26.MEMBERSHIP MEETING. The Association shall conduct at least one (1) membership
meeting each season/year at a time and place fixed by the Association, at which the City shall be
entitled (but not obligated) to have a representative present, for the purpose of addressing any
concerns with respect to the operation and conduct of the recreational program described herein.
The Association shall make reasonable efforts to notify all participants of each meeting at least
one (1) month prior to the meeting including, but not limited to distribution of flyers to
participants at practices or games, email release to current participants, and posting on the
Association website.
27.CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be
cumulative, and the failure of the City to exercise promptly any right hereinafter shall not operate
to forfeit or waive any of those rights.
28.DEFAULT. If the Association defaults on any obligation under this Agreement or
violates any term hereof, the City may immediately terminate this Agreement. In the event of
such termination the Association shall be liable to the City for any unpaid or unperformed
portion of the reinvestment funds for such term. If the City defaults on any obligation under this
Agreement or violates any term hereof, the Association may immediately terminate this
Agreement. In the event of such termination the Association shall be liable to the City for any
portion of the reinvestment funds, including unpaid or unperformed, for such term.
29.ATTORNEY’S FEES. The Association agrees to pay the cost of any legal proceedings,
including all attorney’s fees and court costs that are reasonably incurred by the City on account
of or because of the violation or alleged violation of any terms or provisions of this Agreement.
The City agrees to pay the cost of any legal proceedings, including all attorney’s fees and court
Page 8 Recreational Baseball Agreement
costs that are reasonably incurred by the Association on account of or because of the violation or
alleged violation of any terms or provisions of this Agreement.
30.NOTICES. Any notices required to be sent to the Association pursuant to this
Agreement shall be hand delivered, mailed, or faxed to the following:
Morgan Dunn
President, Hopewell Youth Association, Inc.
5665 Atlanta Hwy, Suite 103-321
Milton, Georgia 30004
Any notices, reports, approval requests, applications, or other documents required to be
sent to the City pursuant to this Agreement shall be sent to the following:
For Termination Notices, Insurance Certificates, and Financial Statements to:
City Manager
Billy Beckett
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
For all other notices, reports, approval requests, applications, or other documents to:
Public Works Director
Daniel Drake
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
31.CITY’S MARKETING OBLIGATIONS. The Association will comply with any
contractual marketing requirements with respect to sale of food and beverages in the concession
stands after receipt of a notice of the requirements from the City. The City Manager will consult
the President of the Association, or his/her designee, in any contractual marketing agreements
affecting the Park.
32.ASSOCIATION STATUS. It is the understanding of the City and the Association that
nothing contained in this Agreement shall be interpreted to assign to the Association any status
under this Agreement other than that of an independent Association.
33.IMMUNITY. Nothing in this Agreement shall be construed as a waiver of governmental
immunity by the City, its officers or employees.
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34.COPIES. It is agreed between the City and the Association that this Agreement shall be
executed in an original and one copy, which may be used for any purpose for which the original
may be used.
35.NO ASSIGNMENT. The Association shall not have the right to assign the interest it
holds in this Agreement.
36.GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Georgia.
37.NON-DISCRIMINATION. The Association shall not deny participation in any park or
program based on race, color, nation origin, religion, sex, age, or disability.
38.ADDITIONAL CITY POLICIES AND PROCEDURES. The Association members
agree to abide by all City policies and procedures in place at the time of execution of this
Agreement and any future policies and procedures or revisions to existing policies and
procedures upon receipt of notice of such new or revised policies and procedures.
39.LIMITATION OF AGREEMENT. The fields and facilities shall not be used for any
purpose other than those designated within this Agreement without the written consent of the
City. The Association may not host any additional tournament, clinic, camp, or other function,
without execution of a separate agreement.
40.ACCOUNTABILITY. The Association’s rights and the City’s obligations with respect
to this Agreement are expressly conditioned on the Association’s compliance with all reporting
and documentation requirements of this Agreement. (See, e.g., paragraphs 7, 9, 10, 12, 13, 14,
15, and 42.) In addition, the Association shall provide to the City and maintain a current copy of
the Association’s by-laws, articles of incorporation, and lists of officers and members of the
Board of Directors of the Association, including names, addresses, and phone numbers. Should
the Association fail to comply with any of these requirements, the City may, but shall not be
obligated to, terminate this Agreement. This provision is intended to be cumulative and shall not
limit any other rights the City may have under this Agreement.
41.ADVERTISING. The Association shall not post any advertising of any kind at or on the
Facilities without the prior written consent of the City. The City acknowledges that the
Association has a banner advertisement program already in effect. Any advertisements in place
on July 1, 2008 shall not be subject to this paragraph. The City agrees to waive any sign permit
fees and the Association agrees to comply with the sign ordinance or any other regulation related
to such advertisements.
42.NON-PROFIT STATUS. The Association must register with the Secretary of State’s
office as a non-profit organization. Proof of the Association’s continued non-profit status must
be submitted to the City on an annual basis.
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43.CONCESSIONS. The Association may use the concession stands and the Bennett House
during the term of this Agreement. The Association shall be responsible for maintenance of the
concession stands and the Bennett House during the term of this Agreement.
44.ASSOCIATION BOARD MEMBERSHIP. The Association shall include at least one (1)
representative of the City on its Board of Directors, which representative shall be designated by
the City. Such representative shall be obligated to fulfill the same roles and responsibilities as is
common for all board members. The Association will actively encourage city residents to run
for Board of Director positions.
CITY:
________________________________ ______________________
Public Works Director Date
________________________________ ______________________
Mayor Date
ASSOCIATION:
________________________________ ______________________
By: Date
Its:
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FACILITY USE AGREEMENT
FOR TRAVEL TEAMS’ USE OF
BELL MEMORIAL PARK
This Agreement is entered into this ___ day of ______, 20__ by and between the City of
Milton, Georgia (hereinafter referred to as “City”) and the Hopewell Youth Association, Inc.
(hereinafter referred to as “Association”).
1. PURPOSE. The City and the Association (hereinafter collectively referred to as
“parties”) acknowledge the great value of providing athletic opportunities for youth. The parties
to this contract further acknowledge the various assets the parties can bring to provide a positive,
beneficial athletic experience to the youth in and around the City. This Agreement is intended to
provide an opportunity for youth to participate in a competitive athletic experience through the
use of a city-owned park.
The parties acknowledge the popularity of and demand for competitive baseball teams at various
age levels in the City that travel to out-of-city tournaments (“travel teams”). The parties desire
to provide travel teams with an opportunity to use Bell Memorial Park pursuant to a democratic
selection process as schedules and field space allow.
The City’s interest in entering this Agreement is to provide priority use of City facilities to its
citizens and to those participants in recreational programs at Bell Memorial Park. The parties
intend that any conflicts between this Agreement and the Facility Use Agreement For
Recreational Baseball Play At Bell Memorial Park dated July ___, 2008 (“Recreational League
Agreement”), shall be resolved in favor of the Recreational League Agreement.
2. GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out herein, the
City agrees to provide the Association with exclusive use of the facilities at Bell Memorial Park
and agrees to provide a competitive baseball program subject to the provisions described in this
Agreement and for the purposes set forth in Paragraph 1, above. The Association shall pay to the
City $1,000.00 each season for each travel team the Association allows to use the Facilities
pursuant to this Agreement (“lease fees”). The Association shall allow no more than six (6)
travel teams total, and no more than two (2) travel teams from any of the 9-10 year old, 11-12
year old, and 13-15 year old age groups to use the Facilities pursuant to this Agreement.
The Association shall select the travel teams entitled to use the Facilities and the specific times
the chosen teams may use the Facilities pursuant to this Agreement by an equitable process,
which shall include a decision by the board of directors of the Association, as comprised of
directors in compliance with paragraph 44 below, based on applications submitted to the board
by the travel teams prior to each season. The process for selection of travel teams shall be set
forth in a binding resolution of the Board of Directors and shall be approved by the City prior to
its formal adoption.
The baseball program described herein shall be designed as a program where children ages 9
through 15 are chosen to compete based on ability at the discretion of the Association in order to
compete on a travel out-of-park team. Notwithstanding any provisions to the contrary, no more
Page 1 Travel Teams Agreement
than fifty percent (50%) of the team members on each travel team shall be non-residents of the
City. Use of the Facilities granted herein shall be limited to practices, games, meetings, and
tryouts for the team(s) chosen by the Association. The program described herein and for which
use of the Facilities is granted expressly does not include tournaments outside of regular
practices, games, meetings, and tryouts, which such tournaments shall require separate
agreements between the parties.
The Association shall be responsible for the actions of the travel teams and accepts responsibility
for compliance with the terms and conditions of this Agreement by the individual travel teams.
3. TERM. Subject to any provisions of this Agreement relating to earlier termination, the
term of this Agreement shall be from July 1, 2008 thru December 31, 2009.
4. CONFLICT OF INTEREST. In order to prevent possible conflicts of interest, no
Association officer, or board member (or their immediate family member) may be employed or
otherwise financially involved with any commercial or private enterprise that provides goods or
services to the Association (including, but not limited to tournament hosting, professional
services, athletic equipment, apparel, and sports photography, with the exception of the
professional umpires or those youths participating in the youth employment programs). The City
shall immediately notify the Association of any challenge to the eligibility of a potential or
existing officer, or board member. In the event the City establishes an approved vendor list, the
Association shall insure that its vendors are selected from or are added to the City’s approved
vendor list.
The parties agree that the current Association policy that permits an office or board member one
(1) no-charge recreation-level registration is allowed to continue. This policy is acknowledged
by both parties as the only form of stipend, benefit, or payment to an officer or board member for
their service to the Association. In conjunction with this policy, the City agrees to waive one
non-resident fee for each of no more than four out-of-city Board members.
5. OTHER RULES. In addition to the terms and conditions set forth in this Agreement,
the Association shall comply with all laws, statutes, ordinances, rules, orders, regulations and
requirements of federal, state, county and city governments where applicable.
6. BACKGROUND CHECKS. In order to ensure the safety and well being of program
participants, the Association shall have criminal background checks performed on all officers,
board members, managers, assistant coaches, and umpires, aged 18 years and above. These
background checks will be paid by the individual for whom the background check is performed.
All background checks are to be conducted by a third party agency that specializes in this area in
accordance with city policies. The Association will disqualify any individual about whom the
background check described herein reveals a conviction or plea of guilty or no contest to crimes
suggesting it would be inappropriate for the individual to hold a position in the recreation
program. An initial background check shall be performed prior to an individual performing any
functions requiring a background check pursuant to this paragraph and annually thereafter no
later than December 31 of the calendar year following the date of the last background check in
Page 2 Travel Teams Agreement
order to insure that there have been no recent incidents that would be revealed by a background
check.
7. CERTIFICATION. The Association shall require and insure that all managers, coaches,
and assistant coaches, receive and maintain initial level membership in the National Youth
Sports Coaches Association and shall complete the On-line Clinic for baseball coaches. The
Association shall require and insure that all Association officers and board members receive and
maintain initial level membership in the national Youth Sports Administrators Association.
Records of the membership shall be maintained by the Association and copies of the certification
shall be delivered to the City no less than one week prior to the start of organized activities for
each season. The Association shall require and insure that all umpires and officials shall receive
appropriate certification from professional associations of umpires and officials.
8. DISCIPLINARY PANEL. The Association shall establish an Athletic Disciplinary
Panel to resolve disputes with respect to application of the Association’s rules related to
competition and participation in the program.
9. REGISTRATION. The Association will choose the participants for its program
according to schedules and guidelines set by the Association. The Association shall provide the
City with a written copy of the schedules and guidelines not later than fourteen (14) days after
the execution of this Agreement. Once registration is complete all of the registrants shall be
treated in all respects equally regardless of whether they registered during the first or second
phase of registration. Not less than thirty (30) calendar days after the last day of registration, the
Association shall provide to the City, a list of the registrants’ names, addresses, reported city of
residence, ages, and phone numbers.
10. RESIDENT FEES. The Association will charge reasonable fees to participants for
participation in the program authorized herein. The fees shall be sufficient to cover the
reasonable expenses associated with the operation of the program, the lease fees, and the
reinvestment requirement described in paragraph 12, below. The fees shall not be used to
financially benefit any officers, directors, or members of the Association. . Prior to the start of
registration, all proposed fees and charges must be submitted and approved by the City Manager.
The Association shall not allow any revenues generated from the recreational program described
in the Recreational League Agreement to be used to offset any of the expenses of the travel
teams.
11. SUPPLEMENTAL AND LATE FEES. Participants who are not residents of the City
shall pay an additional fee (“supplemental fee”) that is 50% of the fee charged to residents. All
supplemental and late fees paid over and above the resident fees shall be collected by the
Association and paid to the City no later than thirty (30) calendar days after the registration is
complete. Such fees shall be kept in a separate fund by the City for park improvement purposes.
Upon receipt of the Association’s registration data, the City will research each registrant to
confirm the accuracy of the reported city of residence. Any discrepancies from the City research
will be reported back to the Association. The Association is responsible to contact the registrant
and obtain proof of residency or the supplemental fee. The Association will provide the
Page 3 Travel Teams Agreement
collected supplemental fees to the City within thirty (30) days from receipt of the City’s list of
discrepancies.
12. REINVESTMENT. Of the resident fees collected by the Association, the Association
shall reinvest $500.00 per travel team for improvements to the fields or facilities located at the
Park each season. This reinvestment shall be in addition to the lease fees and shall be
accomplished by payment to the Association capital fund, as described in the Facility Use
Agreement for Recreation Baseball League Play at Bell Memorial Park between the parties, for
reinvestment purposes.
13. FINANCIAL REPORTING. No later than March 31 of the year following the term of
this Agreement, the Association shall provide to the City Manager full financial reports, and
prior year tax returns, including beginning and ending balance sheets and an annual income and
expense report detailing the amounts and sources of income (including, but not limited to,
resident fees, supplemental fees, concessions, grants, fundraisers, advertising, and grants) and
expenses of the Association for the previous calendar year, prepared by an independent certified
public accountant, and signed by the Association Board verifying the accuracy of the information
contained therein. In addition, at not less than 45 days after the end of each season, the
Association shall provide to the City Manager an accounting of program fees, fund raisers and
other income collected and the expenses incurred by the Association with respect to recreational
programs at the Park during the season. Also no later than March 31 of the year following the
term of this Agreement, the Association shall provide to the City Manager documentation and
receipts of payment with respect to amounts reinvested in the fields and facilities as required in
this paragraph.
No later than February 28 of the year following the term of this Agreement, the Association shall
provide to the City Manager rosters, including names and addresses for each player and coach,
and financial statements, showing income and expenses, for each of the travel teams selected and
operating pursuant to this Agreement.
Page 4 Travel Teams Agreement
14. INSURANCE. The Association shall procure at its own expense and shall maintain for
the term of this Agreement the following insurance for the travel teams chosen to use the
Facilities pursuant to this Agreement (with limits as shown herein) and shall protect the
Association and the City from any claims for property damage or personal injury, including
death, which may arise out of operations under this Agreement, and the Association shall furnish
the City Manager with certificates of such insurance with the City as an additional named
insured at least ten (10) days prior to use of the facilities:
a. Comprehensive General Liability Insurance providing coverage with
$1,000,000.00 single limit for bodily injury and property damage for each
occurrence including contractor’s liability insurance covering any indemnification
or hold harmless provision of this Agreement.
b. Automobile Liability Insurance providing the following coverage: personal
injury, including death, limits of $200,000.00 for each person and $500,000.00 for
each accident; property damage limits of $100,000.00 for each accident and
$200,000.00 for the aggregate of operations; vehicular liability limits of
$100,000.00 for any person or $200,000.00 for each occurrence.
c. Worker’s Compensation-Statutory and Employer’s Liability Insurance in the
amount of $500,000.00 for each occurrence and $1,000,000.00 for aggregate of
operations.
The insurance coverage required herein shall not be cancelled or materially altered, or allowed to
lapse until thirty (30) days’ written notice has been received by the City Manager, and it shall be
the Association’s responsibility to see that each company providing this coverage understands
and complies with this required notice. Such policies shall be primary and non-contributing with
or in excess of any insurance carried by the City. The Association shall not do any act which
may make void or voidable any such policy or any other insurance on the facilities.
The Association shall further either (a) require each of its subcontractors to procure and to
maintain during the term of his subcontract Subcontractor’s public liability and property damage
and vehicle liability insurance of the type and in the same amounts as specified in this section, or
(b) insure the activities of the Association’s subcontractor in the Association’s own insurance
policy. Such subcontractors include any firm or contractor hired by the Association to perform
services.
It is the responsibility of the Association to insure any contents stored in any concession stands,
offices, or other storage buildings.
15. SCHEDULING AND USE. The Association shall request the issuance of a permit by
the City for the times identified in Exhibit “B.” Upon receipt of all materials required by this
Agreement, the City will issue a Facility Use Permit. It is understood by both parties that this
schedule must be specific enough to allocate blocks of time to the fields as required for games,
tryouts, meetings, and practices so as not to interfere with the recreational program’s use of the
Page 5 Travel Teams Agreement
fields pursuant to the Recreational League Agreement. The Association’s use of the Facilities
shall be limited to those times set forth in the Facility Use Permit and shall not be used for any
purposes other than the program described herein.
Other than the times set forth in the Facility Use Permit issued by the City, the fields and
facilities shall be available to the public on a first-come first-served basis (unless other
agreements have been executed by the City) and the Association shall have no special rights or
privileges. The parties agree that the schedule for the travel teams’ use of the Facilities shall not
interfere with the use of the Facilities by the recreational program described in the Recreational
League Agreement. The Association may not prohibit public access to fields and facilities during
unscheduled times. The Association may not manipulate fields and facilities at the expense of
public access rights or at the expense of the recreational program’s rights pursuant to the
Recreational League Agreement.
The Association must receive written permission from the City to use Association locks on
buildings, light boxes, and gates. If such permission is granted, the Association must furnish the
City with a tagged key to each lock. Failure to provide such keys will result in the locks being
cut. The City, or any of its agents or employees, shall have the right to enter upon the said
premises at any time during the term of this Agreement to examine, inspect, or supervise as
deemed necessary by the City.
16. SAFETY. In accordance with the Georgia Recreation and Park Association’s policy
concerning outdoor activities in extreme heat, as a condition of using the city sports facilities, the
Association must abide by the following: “It is the policy of GRPA that outdoor events
sponsored by GRPA will not be held under hazardous conditions such as severe weather that
includes high winds, heavy rain, lightning, and conditions where air quality is at an index greater
than 100 or surface smoke has been identified as unsafe.”
The Association is responsible for operating the program in as safe an environment as possible.
All sports equipment must meet national safety standards with regular documented inspection as
to the condition of the equipment performance. This includes equipment rented, leased, donated,
or loaned to participants by the Association. All fields should be inspected before each use to
insure a safe environment.
The Association shall insure that no less than one coach or assistant coach is on duty when teams
or players occupy the Facilities. The Association must have a sufficient number of mature
representatives present to supervise all scheduled activities from the time the participants arrive
until the area has been completely vacated.
The Association shall have on hand and readily-available and maintain a first aid kit to deal with
cuts, bruises, and other minor injuries that may occur during activities. The Association is
encouraged to arrange for the availability of defibrillators with trained members at the Facilities.
17. TRASH. The City shall provide trash receptacles throughout Bell Memorial Park and
will remove trash from the receptacles not less than twice a week. The Association shall be
responsible for daily clean-up, placing litter in proper containers, and cleaning the concession
Page 6 Travel Teams Agreement
stands, bleachers, fields, dugouts, or any other areas used by the Association prior to leaving the
facilities after each function (games and practices). The Association is empowered by the City to
and shall have the ability and right to police the Facilities for littering.
If clean up for each function (games and practices) is not done in a reasonable amount of time,
then the City will immediately notify the Association and the Association will send out staff or
members to clean up such areas within 24 hours. The Association shall promote and encourage
proper trash disposal to coaches, parents, and team members.
18. RESTROOMS. The City shall clean and stock the restrooms at Bell Memorial Park no
less than two (2) times per week. The Association shall be responsible for monitoring the
restrooms during its use of the facilities. The Association shall arrange for hourly inspections to
ensure that the restroom facilities are not being damaged. The Association shall be responsible
for locking the restroom facilities as the conclusion of each function.
Repairs to damages to the restroom facilities that can be traced to acts of the Association’s
members or the failure of the Association to take actions required by this Agreement shall be
deducted from the clean-up deposit and replenished by the Association as set forth with respect
to clean-up of the Facilities.
19. FIELD MAINTENANCE. The Association shall be responsible for maintenance of the
fields including, but not limited to, mowing the grass portions of the infields, maintaining and
servicing the “dirt” portions of the fields, preparing bases, mounds, and fences, and applying
lines. The Association shall be responsible for providing any materials or supplies necessary to
perform the maintenance.
The City shall be responsible for mowing the outfield grass on all fields and all grass on the
outside of the fenced areas of the ballfields, as needed. The City shall be responsible for
providing any materials or supplies as needed for this function.
20. UTILITIES. The City will supply water to the fields and facilities. The City will provide
all utilities associated with the Bennett House. The City will provide electricity to the fields and
concession stands.
The Association will be responsible for watering the fields in full compliance with all federal,
state, county, and city laws, rules, regulations, and published policies with respect to water use.
To the extent the City is required to pay any fines, fees, or other penalties as a result of the
Associations violation of this section, the Association shall reimburse the City for any such
penalties no later than seven (7) days after receiving written notice from the City of the amount
of the penalty.
The Association will provide the City a schedule of the hours field lighting is required at least
one week prior to each season. The City will ensure the field lights are turned on and off,
according to the agreed upon schedule. The Association will not have access to the field lights
or timers and is not allowed to turn the field lights on or off.
Page 7 Travel Teams Agreement
21. INDEMNIFICATION. The Association and the travel teams shall protect, defend,
indemnify, and hold harmless the City, its Mayor, Council members, officers, employees,
successors, assigns, and agents from and against any and all claims, suits, losses, liabilities,
damages, deficiencies, expenses, or costs (including, but not limited to, reasonable attorney’s
fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs)
(hereinafter referred to as “Claims”) suffered or incurred by such parties whether arising in tort,
contract, strict liability, or otherwise and including, but not limited to, personal injury,
negligence, wrongful death, or property damage, regardless of the outcome of any such action,
proceeding, or investigation caused by, related to, based upon, or arising out of the Association’s
or the travel teams’ use of the Facilities, provision of Athletic Programs or activities, or
otherwise, excluding Claims caused by the sole negligence of the City. The language of this
indemnification clause shall survive the termination of this Agreement, even if the City
terminates this Agreement for convenience.
22. REPAIRS AND ALTERATIONS. The Association shall obtain prior written approval
and consent from the Public Works Director before making any major repairs, or any
improvements, additions or alterations to any of the Facilities. Notwithstanding whether or not
prior written permission was obtained, all improvements, additions, or alterations to the Facilities
shall become the property of the City and remain upon said premises and be surrendered with the
premises at the termination of this Agreement. Failure to obtain prior written permission from
the City can constitute cause for the immediate termination of this Agreement.
All repairs or alterations shall be subject to the general provisions of this Agreement requiring
the Association to obtain the City’s prior approval for any additions or changes to existing fields
and Facilities and providing that any such additions or changes shall become the property of the
City. To the extent any reinvestment work is to be performed by any party other than the
Association, any such contract or subcontract agreement for the provision of such
services/improvements shall be in a form approved by the City Manager and such contract shall
not be executed without the prior written consent of the City Manager. The City Manager shall
respond, in any way, within five (5) business days of receiving a written request for contract
approval
23. VANDALISM. The Association and travel teams are responsible for reporting all acts of
vandalism to the facilities or Association property to the City not later than the next working day
after detection of the vandalism. A copy of the police report must be filed with the City. If the
damage is a result of Association members’ negligence or failure to comply with accepted
operational or security measures, the Association will be responsible for making the necessary
repairs or for reimbursing the City for all or part of any repair costs incurred by the City, at the
City’s discretion.
24. CONTROL OF BEHAVIOR. The Association is empowered by the City to and shall
control the behavior of participants and spectators during the functions to the same extent the
City is so empowered. The Association can eject an unruly or dangerous participant, coach,
parent, or spectator from the premises during sporting events. This authority may be exercise
only by an Association board member, coach, or umpire.
Page 8 Travel Teams Agreement
25. NUISANCE. The Association agrees to take any action necessary to prevent or correct
any nuisance or other grievances upon, or in connection with, said premises during the terms of
this Agreement.
26. MEMBERSHIP MEETING. The Association shall conduct at least one (1) membership
meeting each season/year at a time and place fixed by the Association, at which the City shall be
entitled (but not obligated) to have a representative present, for the purpose of addressing any
concerns with respect to the operation and conduct of the recreational program described herein.
The Association shall make reasonable efforts to notify all participants of each meeting at least
one (1) month prior to the meeting including, but not limited to distribution of flyers to
participants at practices or games, email release to current participants, and posting on the
Association website.
27. CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be
cumulative, and the failure of the City to exercise promptly any right hereinafter shall not operate
to forfeit or waive any of those rights.
28. DEFAULT. If the Association defaults on any obligation under this Agreement or
violates any term hereof, the City may immediately terminate this Agreement. In the event of
such termination the Association shall be liable to the City for any unpaid or unperformed
portion of the reinvestment funds for such term. . If the City defaults on any obligation under
this Agreement or violates any term hereof, the Association may immediately terminate this
Agreement. In the event of such termination the Association shall be liable to the City for any
portion of the reinvestment funds, including unpaid or unperformed, for such term.
29. ATTORNEY’S FEES. The Association agrees to pay the cost of any legal proceedings,
including all attorney’s fees and court costs that are reasonably incurred by the City on account
of or because of the violation or alleged violation of any terms or provisions of this Agreement.
The City agrees to pay the cost of any legal proceedings, including all attorney’s fees and court
costs that are reasonably incurred by the Association on account of or because of the violation or
alleged violation of any terms or provisions of this Agreement.
30. NOTICES. Any notices required to be sent to the Association pursuant to this
Agreement shall be hand delivered, mailed, or faxed to the following:
Morgan Dunn
President, Hopewell Youth Association, Inc.
5665 Atlanta Hwy, Suite 103-321
Milton, Georgia 30004
Any notices, reports, approval requests, applications, or other documents required to be
sent to the City pursuant to this Agreement shall be sent to the following:
For Termination Notices, Insurance Certificates, and Financial Statements to:
City Manager
Page 9 Travel Teams Agreement
Billy Beckett
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
For all other notices, reports, approval requests, applications, or other documents to:
Public Works Director
Daniel Drake
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
31. CITY’S MARKETING OBLIGATIONS. The Association will comply with any
contractual marketing requirements with respect to sale of food and beverages in the concession
stands after receipt of a notice of the requirements from the City. . The City Manager will
consult the President of the Association, or his/her designee, in any contractual marketing
agreements affecting the Park.
32. ASSOCIATION STATUS. It is the understanding of the City and the Association that
nothing contained in this Agreement shall be interpreted to assign to the Association any status
under this Agreement other than that of an independent Association.
33. IMMUNITY. Nothing in this Agreement shall be construed as a waiver of governmental
immunity by the City, its officers or employees.
34. COPIES. It is agreed between the City and the Association that this Agreement shall be
executed in an original and one copy, which may be used for any purpose for which the original
may be used.
35. NO ASSIGNMENT. The Association shall not have the right to assign the interest it
holds in this Agreement.
36. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Georgia.
37. NON-DISCRIMINATION. The Association shall not deny participation in any park or
program based on race, color, nation origin, religion, sex, age, or disability.
38. ADDITIONAL CITY POLICIES AND PROCEDURES. The Association members
agree to abide by all City policies and procedures in place at the time of execution of this
Agreement and any future policies and procedures or revisions to existing policies and
procedures upon receipt of notice of such new or revised policies and procedures.
39. LIMITATION OF AGREEMENT. The fields and facilities shall not be used for any
purpose other than those designated within this Agreement without the written consent of the
Page 10 Travel Teams Agreement
City. The Association may not host any additional tournament, clinic, camp, or other function,
without execution of a separate agreement. The Association shall have no right or authority to
grant use of the Facilities to any group or entity other than the selected travel teams pursuant to
this Agreement.
40. ACCOUNTABILITY. The Association’s rights and the City’s obligations with respect
to this Agreement are expressly conditioned on the Association’s compliance with all reporting
and documentation requirements of this Agreement. (See, e.g., paragraphs 7, 9, 10, 12, 13, 14,
15, and 42.) In addition, the Association shall provide to the City and maintain a current copy of
the Association’s by-laws, articles of incorporation, resolutions, policies, guidelines, and lists of
officers and members of the Board of Directors of the Association, including names, addresses,
and phone numbers. Should the Association fail to comply with any of these requirements, the
City may, but shall not be obligated to, terminate this Agreement. This provision is intended to
be cumulative and shall not limit any other rights the City may have under this Agreement.
41. ADVERTISING. The Association shall not post any advertising of any kind at or on the
Facilities without the prior written consent of the City. The City acknowledges that the
Association has a banner advertisement program already in effect. Any advertisements in place
on July 1, 2008 shall not be subject to this paragraph. The City agrees to waive any sign permit
fees and the Association agrees to comply with the sign ordinance or any other regulation related
to such advertisements.
42. NON-PROFIT STATUS. The Association must register with the Secretary of State’s
office as a non-profit organization. Proof of the Association’s continued non-profit status must
be submitted to the City on an annual basis.
43. CONCESSIONS. The Association may use the concession stands and the Bennett
House during the term of this Agreement. The Association shall be responsible for maintenance
of the concession stands and the Bennett House during the term of this Agreement. The
Association shall not allow the travel teams to use the proceeds from concession sales during
recreational program use of the Facilities to offset travel team expenses.
44. ASSOCIATION BOARD MEMBERSHIP. The Association shall include at least one
(1) representative of the City on its Board of Directors, which representative shall be designated
by the City. No more than 25% of the members of the Board shall reside outside of the City.
Such representative shall be obligated to fulfill the same roles and responsibilities as is common
for all board members. The Association will actively encourage city residents to run for Board
of Director positions.
Page 11 Travel Teams Agreement
________________________________ ______________________
________________________________ ______________________
________________________________ ______________________
CITY:
Public Works Director Date
Mayor Date
ASSOCIATION:
By: Date
Its:
Page 12 Travel Teams Agreement
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Director Milton Department of Public Safety
Date: Submitted on July 28, 2008 for the August 21, 2008 Council Meeting
Agenda Item: Approval for the Public Safety Department to execute a memorandum of
understanding with the Bureau of Alcohol, Tobacco and Firearms regarding
participation in Metro Atlanta Arson Task Force
City Manager’s Office Recommendation
Adopt the attached resolution approving the execution of a memorandum of understanding with
the ATF in reference to Milton’s participation in the Metro Atlanta Arson Task Force.
Background
Arson is often a regional problem that may require multi-jurisdictional coordination between
investigators. The ATF has developed a task force to pool resources and expertise to combat
this infrequent but serious crime.
Discussion
Arson investigation is a complex field. It requires extensive training and specific tools to
conduct a proper investigation. Training and expertise is also largely developed through
apprenticeship, and actual investigations are required to attain advanced certification in
the field. These advanced certifications provide not only expertise, but also heightened
credibility to courtroom testimony which leads to successful prosecutions. Finally, there
are few arson investigators in metro Atlanta, and a fraternity of investigators as well as
mutual aid are essential to any investigation.
To this end, participation is beneficial because it gives our investigators the requisite
experience for advancement, it allows a pooling of resources (both personnel and
equipment) and the investigators thereby enhance each other’s ability to successfully
investigate and prosecute the crime.
Funding and Fiscal Impact
As it is only an intermittent possibility that Milton personnel may be deployed on an
extended investigation, then the fiscal impact is minimal beyond standard salary rates.
In the event of an extended deployment, the Federal Government, through the ATF,
would reimburse the City for any overtime accrued, thereby mitigating any potential
1
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
impact in the event that our investigator becomes involved in a major investigation in
another jurisdiction.
Alternatives:
The city may choose to not participate in the inter-jurisdictional cooperative agreement and rely
solely on the expertise of its arson investigator and detective.
Concurrent Review:
Billy Beckett, City Manager
Chris Lagerbloom, Public Safety Director
2
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
\\~\~\,.atf.~o\~
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
And
City of Milton Public Safety Department
for
Reimbursement of Overtime Salary Costs
Associated with
ATF TASK FORCE
This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and the City of Milton Public Safety Department for the purpose
of reimbursement of overtime salary costs and other costs, with prior ATE approval, including but
not limited to travel, fuel, training, and equipment, incurred by the City of Milton Public Safety
Department in providing resources to assist ATF.
Payments may be made to the extent they are included in ATF's Fiscal Year Plan and the monies
are available fo satisfy the requests(s) for reimbursable overtime expenses.
I. DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the signatures of all parties and terminates at the close of business
on September 30,2012, subject to Section VII of the MOA.
11. AUTHORITY
This MOA is established pursuant to the following provisions:
1. Title 28, U.S.C., Section 524(c), the Department of Justice Assets Forfeiture Fund,
which provides for the reimbursement of certain expenses of local, county, or State Iaw
enforcement agencies incurred as participants in joint operationsltask forces with a
Department of the Justice 1 aw enforcement agency.
2. Departments of Commerce,Justice, and State, the Judiciary, and Related Agencies
Appropriations Bill, whch provides for the reimbursement of overtime salary costs of
local, county, or State law enforcement agencies incurred while assisting ATF in joint law
enforcement operations.
3. Title 3 1, U.S.C., Section 9703, the Treasury Forfeiture Fund Act of 1992,which
provides for the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces with a
Federal law enforcement agency.
If available, the funding for fiscal year 2008,2009,2010,2011 and 20 12 is contingent upon
annt~al appropriation laws, Title 28, U.S.C., Section 524(c), annual appropriations, and Title
3 1, U.S.C., Section 332.
If available, funding allocations for reimbursement of expenses will be transmitted through a
separate document.
This Memorandum of Agreement (MOA) is not a funding allocation document.
PURPOSE OF THIS MEMORANDUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the City of Milton Public
Safety Department and ATE for the reimbursement of certain overtime and other pre-
approved expenses incurred pursuant to the authority in Section D.
IV. NAME OF JOINT OPF,RGTION/TASK FORCE (if applicable)
The name of this joint operationltask force: ATF TASK FORCE
V. CONDITIONS AND PROCEDURES
A. The City of Milton Public Safety Department shall assign officer(s) to assist ATF in
investigations of Federal, state, and local laws. To the maximum extent possible,
the officer(s) will be assigned on a dedicated, rather than rotational basis. The City
of Milton Public Safety Department shall provide ATF with the narne(s), title(s),
and employee identification number(s) of the officer(s) assigned to the
investigation.
8. The City of Milton Public Safety Department shall provide ATF, within 10 days of
the signing of this MOA, with a contact nme, title, telephone number and address.
The City of Milton Public Safety Department shall also provide the name of the
official responsible for providing audit information under paragraph VI of this
MOA, and the name of the oficial authorized to submit an invoice to ATF under E.
C. The City of Milton Public Safety Department shall provide ATF, within ten (10)
calendar days of the signing of this agreement, with the financial institution where
the Iaw enforcement agency wants the Electronic Funds Transfer (EFT)payment
deposited for reimbursement. The mechanism for this is the SF 388 1, ACH
VendorMisceIlaneous Payment Enrollment Form, which is Attachment A. When
completed, forward this form to the Am: Special Agent in Charge, Asset
Forfeiture & Seized Property Branch, Bureau of Alcohol, Tobacco, Firearms and
Explosives, Mail Stop 3N-600,99 New York Ave, NE Washington, DC 20226.
D. The City of Milton Public Safety Department may request reimbursement for
payment of overtime expenses and other costs witR prior ATF approval, including
but not limited to travel, fuel, training, and equipment, directly related to work
perfoimed by its officer(s) assigned as members of a joint eperatiodtask force with
ATF for the purpose of conducting an official investigation.
E. Invoices submitted to ATF for the payment of expenses must be submitted on the
appropriate forms as provided by ATF. The invoice shall be signed by an
authorized representative of the City of Milton Public Safety Department and
submitted to ATF field office for signature and verification of the invoice.
F. The City of Milton Public Safety Department will submit all requests for
reimbursable payments, together with the appropriate documentation to ATF by the
10th day of each subsequent month that the agency is seeking reimbursement.
I If the reimbursement request is not received by the ATF field office by the
10th of the subsequent month, the ATF field office will advise the agency,
in writing, that the reimbursement request is late, and if the reimbursement
request is not received within the next 10 working days, the overtime costs
will not be reimbursed.
(2) No waivers or extensions will be granted or honored. The City of Milton
Public Safety Department will submit the request fox reimbursement to
ATF, ATTN: David Fields, 401 W. Peachtree St., NE, Room 1023, Atlanta,
GA, 30365.
G. The ATF Supervisor shall be responsible for cestifylng that the request is for
overtime expenses incurred by the City of Milton Public Safefy Department for
participation with ATF during the joint operatiodtask force. The responsible State
or local official shall also certify that requests for reimbursement of expenses have
not been made to other Federal Eaw enforcement agencies.
H. The City of Milton Public Safety Department acknowledges that they remain filly
responsible for their obligations as the employer of the officer(s) assigned to the
joint operationltask fme and are responsible for the payment of the overtime
earnings, withholdings, insurance coverage, and all other requirements by law,
regulations, ordinance or contract regardless of the reimbursable overtime charges
incurred.
I. A11 reimbursable hours of overtime work covered under this MOA must be
approved in advance by the ATF supervisor.
J. The ATF supervisor will forward all approved reimbursement requests to the
Special Agent in Charge, Asset Forfeitwe and Seized Property Branch, for payment.
K. This docament does not obli~atefunds. Funding authority, with maximum
reimbursement costs to any one law enforcement officer during the fiscal year
(October 1 -September 30),will be provided through other documents.
VI. PROGRAM AUDIT
This MOA and its procedures are subject to audit by ATF, the Department of Justice,
Office of Inspector General, the Government Accountability Office, and other auditors
authorized by the Federal government. The City of Milton Public Safety Department
agrees to permit such audits and agees to maintain all records relating to these transactions
for a period of not less than three years; and in the event of an on-going audit, until such
time as the audit is completed.
These audits include reviews of any and all records, documents, reports, accounts, invoices,
receipts, or expenditures relating to this agreement; as well as, the interview of any and all
personnel involved in these transactions.
VII. REVlSIONS
The terns of this MOA may be amended upon written approval by the original parties, or
their designated representatives. Any amendment to this MOA becomes effective upon the
date of approval as stated in the amendment. Either party can cancel this MOA upon 60-
calendar days written notice to the other party. The ATF will only process request for
overtime for overtime incurred before the date of cancellation, absent a specific written
agreement to the contrary.
VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between ATF and the City of Milton Public
Safety Department and is not intended to confer any right or benefit to any private person
or party.
-C~i5. .
%erb~oa m
Public Safety Director
City of Milton Public Safety Department
Date:
Melanie S. Stinnett
Assistant Director
ManagemenKFO
ATF
: 1 p I J{ ;-.,yDate: . Ly ,.-
Vanessa McLemore
Special Agent in Charge
Atlanta Field Division
ATF
Date:
illiam J.-~oover
Director
Field Operations
ATF
Date: -Lk/
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Daniel Drake, Public Works Director
Date: Submitted on August 7, 2008 for City Council Meeting on August 18, 2008
Agenda Item: Approval of Solid Waste Management Plan agreement with consultant ($30,000).
Recommendation:
The Staff recommends the Council to provide the authority to the City Manager or his designee
to sign the attached agreement with the consultant for professional services totaling $30,000
lump sum.
Background:
The revised budget approved $30,000 for the development of a Solid Waste Management Plan, a
requirement set by the Department of Community Affairs (DCA). The time is of the essence of
this study, as it is technically due December 31, 2008, but DCA had agreed to give us an
extension by a few months.
The City Manager has the ability to approve expenses for less than $50,000, but the ability to
sign an agreement for less than $30,000 is not known. We are bringing this to council for
approval for the City Manager of designee to sign the agreement.
Discussion:
None.
Attachments:
Agreement for Professional Services for the Solid Waste Management Plan
Concurrent Review
Legal Review by Ken Jarrard
Procurement review (underway as of August 8, 2008 by John Henderson)
PROFESSIONAL SERVICES AGREEMENT
FOR SOLID WASTE MANAGEMENT PLAN
THIS AGREEMENT is effective as of this_____ day of _____________, 2008, by and
between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and
through its governing authority, the Mayor and Council of the City of Milton (“City"), and
Ecological Planning Group, LLC, a planning services firm, ("Consultant"), collectively referred
to as the "Parties".
WITNESSETH THAT:
WHEREAS,the City desires to retain Consultant to provide certain services generally
described as developing a Solid Waste Management Plan for the City (the “Work”); and
WHEREAS,the City finds that specialized knowledge, skills, and training are necessary
to perform the Work contemplated under this Agreement; and
WHEREAS,the Consultant has represented that it is qualified by training and
experience to perform the Work; and
WHEREAS, the Consultant desires to perform the Work under the terms and conditions
set forth in this Agreement; and
WHEREAS,the public interest will be served by this Agreement; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description
The City will contract with the Consultant for development of its first Solid Waste
Management Plan. The Consultant will provide all necessary planning and administrative
support to create the City of Milton Solid Waste Management plan and will follow the Minimum
Planning Standards and Procedures for Solid Waste Management (as described in Chapter 110-
4-3 of the Rules of the Department of Community Affairs) in performing these services.
B. The Work
The Work to be completed under this Agreement (the “Work”) consists of the scope of
work in Exhibit “A”.
City of Milton Solid Waste Management Plan Page 1 of 25
C. Schedule, Completion Date, and Term of Agreement
Consultant warrants and represents that it will perform its services in a prompt and timely
manner, which shall not impose delays on the progress of the Work. This Agreement shall
commence as of the date first written above, and the Work shall be completed on or before date
has passed in accordance with the milestones shown in Exhibit “A”.
II. WORK CHANGES
A.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 executed by the Consultant 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 Consultant shall proceed with the changed work.
B. 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 Consultant.
C. The City Manager has authority to execute without further action of the City of
Milton Mayor and 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 total amount to be paid
under this Agreement, as set forth in Section III(B) below. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid under this
Agreement in excess of $25,000 must be approved by resolution of the City of Milton Mayor and
Council.
III.COMPENSATION AND METHOD OF PAYMENT
A. City agrees to pay the Consultant for the services performed and costs incurred by
Consultant upon certification by the City that the services were actually performed and costs
actually incurred in accordance with the Agreement. Compensation for services performed and
reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by
the City of invoices setting forth in detail the services performed and costs incurred. Invoices
shall be submitted on a monthly, percentage complete basis, and such invoices shall reflect
charges incurred versus charges budgeted. All invoices shall be submitted with a progress report,
a template of which is shown in Exhibit “D”. Any material deviations in tests or inspections
performed, 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 change orders as described in Section II
above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by
City of Milton Solid Waste Management Plan Page 2 of 25
City staff.
B. The total amount paid under this Agreement as compensation for services
performed and reimbursement for costs incurred shall not, in any case, exceed $30,000, except as
outlined in Section II(C) above. The compensation for services performed shall be based upon a
lump sum basis as outlined in Exhibit “C”, and will be invoiced on a monthly, percent complete
basis as outlined in Paragraph III.A.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant
Consultant 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 services in pursuit of the timely and competent completion of the Work undertaken
by Consultant under this Agreement.
B. Budgetary Limitations
Consultant agrees and acknowledges that budgetary limitations are not a justification for
breach of sound principals of Consultant’s profession and industry. Consultant shall take no
calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event
it cannot perform the Work within the budgetary limitations established without disregarding
sound principals of Consultant’s profession and industry, Consultant will give written notice
immediately to the City.
C. City’s Reliance on the Work
The Consultant acknowledges and agrees that the City does not undertake to approve or
pass upon matters of expertise of the Consultant and that, therefore, the City bears no
responsibility for Consultant’s services performed under this Agreement. The Consultant
acknowledges and agrees that the acceptance of designs, plans, and specifications 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 Consultant’s performance. Consultant further agrees that no
approval of designs, plans, or specifications by any person, body or agency shall relieve
Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s
professional and industry standards or for performing services under this Agreement in
accordance with sound and accepted professional and industry principals.
D. Consultant’s Reliance of Submissions by the City
Consultant must have timely information and input from the City in order to perform the
services required under this Agreement. Consultant is entitled to rely upon information provided
City of Milton Solid Waste Management Plan Page 3 of 25
by the City, but Consultant shall be required to provide immediate written notice to the City if
Consultant knows or reasonably should know that any information provided by the City is
erroneous, inconsistent, or otherwise problematic.
E. Consultant’s Representative
Courtney (Reich) Power shall be authorized to act on Consultant’s behalf with respect to
the Work as Consultant’s designated representative.
F. Assignment of Agreement
The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate
any duties of this Agreement, without the prior express written consent of the City. As to any
approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the
City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City
The Consultant covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Consultant shall bear all losses and
damages directly or indirectly resulting to it on account of the performance or character of the
services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold
harmless the City, its officers, boards, commissions, elected officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses,
including but not limited to, attorney’s fees, which may be the result of willful, negligent or
tortious conduct arising out of the Work, performance of contracted services, or operations by
the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or
subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, regardless
of whether or not the offending act is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any
employee of the Consultant, any subcontractor, anyone directly or indirectly employed by the
Consultant or subcontractor or anyone for whose acts the 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 the
Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability
benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its
members, officers, agents, employees and volunteers shall survive termination of this
Agreement.
H. Independent Contractor
Consultant hereby covenants and declares that it is engaged in an independent business
and agrees to perform the services as an independent contractor and not as the agent or employee
of the City. The Consultant agrees to be solely responsible for its own matters relating to the time
City of Milton Solid Waste Management Plan Page 4 of 25
and place the services are performed; the instrumentalities, tools, supplies and/or materials
necessary to complete the services; hiring of Consultants, agents or employees to complete the
services; and the payment of employees, including compliance with Social Security, withholding
and all other regulations governing such matters. The Consultant agrees to be solely responsible
for its own acts and those of its subordinates, employees, and subcontractors during the life of
this Agreement. Any provisions of this Agreement that may appear to give the 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 the City with regard to the results of such services only.
I. Insurance
(1) Requirements:
The 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 the Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by the City Attorney 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 limits no less than:
(a) Comprehensive General Liability of $1,000,000 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.
(b) Comprehensive Automobile Liability (owned, non-owned, hired) of
$1,000,000 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) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the 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 per accident.
(3) Deductibles and Self-Insured Retentions:
City of Milton Solid Waste Management Plan Page 5 of 25
Any deductibles or self-insured retentions must be declared to and approved by he
the City.
(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, its officials, employees, agents and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, leased,
or used by the Consultant; automobiles owned, leased, hired, or
borrowed by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its
officials, employees, agents or volunteers.
(ii) The Consultant's insurance coverage shall be primary
noncontributing insurance as respects to any other insurance or
self-insurance available to the City, its officials, employees, agents
or volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
(iii)Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officials,
employees, agents or volunteers.
(iv) Coverage shall state that the Consultant'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, its officials, employees, agents and volunteers for losses
arising from work performed by the Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized
representative of the insurer.
(b) Workers' Compensation Coverage.
City of Milton Solid Waste Management Plan Page 6 of 25
The insurer will agree to waive all rights of subrogation against the City, its
officials, employees, agents and volunteers for losses arising from work
performed by the Consultant 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 with an A.M. Bests' rating of no less than A:VII.
(6) Verification of Coverage:
Consultant 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 certificates of insurance and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its
behalf. The certificate of insurance and endorsements shall be on a form utilized
by Consultant's insurer in its normal course of business and shall be received and
approved by the City prior to execution of this Agreement by the City. The City
reserves the right to require complete, certified copies of all required insurance
policies, at any time. The Consultant 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:
Consultant shall include all subcontractors as insured 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
insured.
(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.
(9) City as Additional Insured and Loss Payee:
City of Milton Solid Waste Management Plan Page 7 of 25
The City shall be named as an additional insured and loss payee on all policies
required by this Agreement.
J. Employment of Unauthorized Aliens Prohibited
It is the policy of City that unauthorized aliens shall not be employed to perform work on
City contracts involving the physical performance of services. Therefore, the City shall not enter
into a contract for the physical performance of services within the State of Georgia, unless the
Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and
“F” that it and Consultant’s subcontractors have within the previous twelve (12) month period
conducted a verification of the social security numbers of all employees who will perform work
on the City contract to ensure that no unauthorized aliens will be employed. The City Manager
or his/her designee shall be authorized to conduct an inspection of the Consultant’s and
Consultant’s subcontractors’ verification process to determine that the verification was correct
and complete. The Consultant and Consultant’s subcontractors shall retain all documents and
records of its verification process for a period of three (3) years following completion of the
contract. This requirement shall apply to all contracts for the physical performance of services
where more than three (3) persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that neither the Consultant norConsultant’s subcontractors employ
unauthorized aliens on this Agreement. By entering into this Agreement with the City, the
Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by
making its records and personnel available upon reasonable notice for inspection and
questioning. Where a Consultant or Consultant’s subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate
or require its subcontractor to terminate that person’s employment immediately and to report
same to the Department of Homeland Security. The Consultant’s failure to terminate the
employee, or otherwise cooperate with the investigation may be sanctioned by termination of the
contract, and the Consultant shall be liable for all damages and delays occasioned by the City
thereby.
Compliance with the requirements of O.C.G.A. § 13-10-90 et.seq. and Ga. Adm. Code
300-10-1-.01 et.seq and specifically O.C.G.A. § 13-10-91 and Ga. Adm. Code 300-10-1-.02 is
mandatory.
Consultant agrees that the employee-number category designated below is applicable to
the Consultant.
____ 500 or more employees.
____ 100 or more employees.
__X_ Fewer than 100 employees.
City of Milton Solid Waste Management Plan Page 8 of 25
Consultant agrees that, in the event the Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement, the Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-
1-.02 shall be attested by the execution of the affidavit attached as Exhibit “E.”
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)Records shall be established and maintained by the Consultant in
accordance with requirements prescribed by the City with respect to all
matters covered by this Agreement. Except as otherwise authorized, such
records shall be maintained for a period of three years from the date that
final payment is made under this Agreement. Furthermore, records that are
the subject of audit findings shall be retained for three years or until such
audit findings have been resolved, whichever is later.
(b) All costs 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 Consultant shall furnish to the City any and all statements,
records, reports, data and information related to matters covered by this
Agreement in the form requested by the City.
(3) Audits and Inspections:
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City for examination all records
with respect to all matters covered by this Agreement. The Consultant will permit
the City 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.
City of Milton Solid Waste Management Plan Page 9 of 25
L. Conflicts 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, which is attached as Exhibit “G”.
M. Confidentiality
Consultant 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, consultants, and/or staff to likewise protect such confidential information. The
Consultant agrees that confidential information it 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 the City. The Consultant shall exercise reasonable precautions to prevent the
unauthorized disclosure and use of City information whether specifically deemed confidential or
not.
N. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now
the Department of Homeland Security) to establish a system for verifying the immigration status
of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to
make the system available to Federal, State, and local benefit-issuing agencies and institutions
that administer such benefits.
The Consultant covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of all its
employees utilizing such program. Consultant shall likewise require all subcontractors or sub-
consultants to verify the employment eligibility of all their respective employees utilizing the
Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to
commencing work under this Agreement, in a form acceptable to the City, affirming the
Consultant’s compliance with this Section.
O. Licenses, Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of the Consultant by any and all national, state, regional,
City, local boards, agencies, commissions, committees or other regulatory bodies in order to
perform the services contracted for under this Agreement. All work performed by Consultant
under this Agreement shall be in accordance with applicable legal requirements and shall meet
the standard of quality ordinarily expected of competent professionals.
P. Key Personnel
All of the individuals identified in Exhibit “B” are necessary for the successful
City of Milton Solid Waste Management Plan Page 10 of 25
prosecution of the Work due to their unique expertise and depth and breadth of experience. There
shall be no change in Consultant’s Project Manager or members of the project team, as listed in
Exhibit “B”, without written approval of the City. Consultant recognizes that the composition of
this team was instrumental in the City’s decision to award the work to Consultant 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 section shall constitute a material
breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
Consultant shall not subcontract with any third party for the performance of any portion of the
Work without the prior written consent of the City. Consultant shall be solely responsible for
any such subcontractors in terms of performance and compensation.
Q. Authority to Contract
The Consultant 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 Consultant to the terms of this Agreement, if applicable.
R. Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials
prepared or in the process of being prepared for the services to be performed by the Consultant
(“materials”) shall be the property of the City and the City shall be entitled to full access and
copies of all such materials. Any such materials remaining in the hands of the Consultant or
subcontractor upon completion or termination of the work shall be delivered immediately to the
City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. If
any materials are lost, damaged or destroyed before final delivery to the City, the Consultant
shall replace them at its own expense. Any and all copyrightable subject matter in all materials is
hereby assigned to the City and the Consultant agrees to execute any additional documents that
may be necessary to evidence such assignment.
V. COVENANTS OF THE CITY
A. City’s Representative
Daniel Drake, Public Works Director, shall be authorized to act on the City’s
behalf with respect to the Work as the City’s designated representative
VI. TERMINATION
A. The City shall have the right to terminate this Agreement for any reason
whatsoever by providing written notice thereof at least five (5) calendar days in advance of the
termination date. The Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of the City’s failure to pay the Consultant within
thirty (30) days of Consultant providing the City with notice of a delinquent payment and an
City of Milton Solid Waste Management Plan Page 11 of 25
opportunity to cure.
B. Upon termination, City shall provide for payment to the Consultant for services
rendered and expenses incurred prior to the termination date.
C. Upon termination, the Consultant shall: (1) promptly discontinue all services
affected, unless the notice 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 Consultant in performing this Agreement, whether completed or in
process, in the form specified by the City.
D. The rights and remedies of the City and the Consultant provided in this Section
are in addition to any other rights and remedies provided under this Agreement or at law or in
equity.
VII. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant
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 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 liability. The
Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or
asserted only against Consultant or the City,respectively, and not against any employee, officer,
director, or elected or appointed official.
VIII. ENTIRE AGREEMENT
This Agreement 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.
IX. 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.
X. APPLICABLE LAW
If any action at law or in equity is brought to enforce or interpret the provisions of this
City of Milton Solid Waste Management Plan Page 12 of 25
Agreement, the rules, regulations, statutes and laws of the State of Georgia will control.
XI. CAPTIONS AND SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for
convenience and reference purposes only and in no way define, limit or describe the scope or
intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s)
or section(s), or any part thereof, later be deemed 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.
XII. BUSINESS LICENSE
Prior to commencement of the services to be provided hereunder, Consultant 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.
XIII. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged
between Daniel Drake for the City and Courtney (Reich) Power for the Consultant.
B. Official Notices
All other notices, 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 Parties at the addresses given below, unless a substitute address shall first be
furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
Dan Drake, Public Works Director
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Courtney (Reich) Power
Ecological Planning Group
630 Colonial Park Road
Roswell, GA 30075
City of Milton Solid Waste Management Plan Page 13 of 25
XIV. WAIVER OF AGREEMENT
The City’s failure to enforce any provision of this Agreement or the waiver in a particular
instance shall not be construed as a general waiver of any future breach or default.
XV. 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.
XVI. FORCE MAJEURE
Neither the City nor Consultant 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: (a) any cause beyond their 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 Consultant; (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.
IN WITNESS WHEREOF the City and the Consultant have executed this Agreement
effective as of the date the City Manager executes this Agreement on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
City of Milton Solid Waste Management Plan Page 14 of 25
Approved as to form:
_______________________________
City Attorney
CONSULTANT:
___________________________________
By: _____________________________
Its: _____________________________
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
CITY OF MILTON
___________________________________
By: _____________________________
Its: _____________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
City of Milton Solid Waste Management Plan Page 15 of 25
EXHIBIT “A”
Scope of Work and Milestones
Scope of Work
Task 1: Public Participation Plan
The day-to-day management of the study will be provided by a project manager from the City’s
Public Works staff. Policy input and approval of the recommendations will be through the Solid
Waste Advisory Committee. The consultant will develop a plan outlining the scope and schedule
for the public participation element of the Solid Waste Management Plan. The plan will detail
the size and make-up of the Advisory Committee, which will include elected officials, citizens,
waste-haulers, and other end users or advocates. The Advisory Committee will meet a five times,
not including the Kick-Off Meeting. The plan will include a detailed description of the methods
to be used to disseminate information to the public, including the website, flyers, public hearings,
etc. The plan will also include project communication procedures and key milestones.
The public participation plan will be submitted within 7 calendar days of notice to proceed
(NTP) and approved by the project manager 7 calendar days after submittal.
Task 1 Deliverables:
•Draft Public Participation Plan
•Final Public Participation Plan
Task 2: Public Meetings
Kick-Off Meeting
Consultant will facilitate an initial kick-off meeting with City staff and Advisory Committee.
The meeting will be designed to introduce members of Consultant project team to City staff and
the Solid Waste Advisory Committee and present the Public Participation Plan. The Consultant
will also present the schedule of work/plan for the submission of Solid Waste Management Plan
which satisfies the minimum plan standards. Prior to the kick-off meeting, Consultant will
develop and provide to the City staff the following documents:
•An invitation letter for the Stakeholder Advisory Committee that includes an
informational fact sheet on the Solid Waste Management Plan
•A data request designed to gather data needed to meet the State of Georgia’s Minimum
Planning Standards.
•A Meeting Agenda
Public Hearings
Consultant will, at a minimum, hold two public hearings as required by the State of Georgia’s
Minimum Planning Standards. At the first public hearing, Consultant will prepare and give a
presentation that describes the planning process and solicits input. At the second public hearing,
the Consultant will prepare and present a summary of the draft plan contents.
City of Milton Solid Waste Management Plan Page 16 of 25
Solid Waste Management Plan Advisory Committee Meetings
The Consultant will coordinate five meetings of the Advisory Committee in accordance with the
Public Involvement Plan. The Consultant will lead the meetings and group activities and will
prepare an Agenda and Meeting Summary for each meeting.
Task 2 Deliverables:
•Kick Off Meeting (1)
•Advisory Committee Meetings (5)
•Public Hearings (2)
•Meeting Agendas (6)
•Meeting Summaries (6)
•Advisory Committee Invitation
Note: Dates for these deliverables will be set out in the Public Participation Plan, and modified
as needed and in agreement with the City.
Task 3: Solid Waste Management Plan
The Consultant will present an analysis of the waste disposed from City of Milton as required by
the State of Georgia’s Minimum Planning Standards. The waste characterization data will be
based on data provided by City of Milton, records from landfills accepting waste from City of
Milton, and data available from the Waste Characterization Study being performed by the
Georgia Department of Community Affairs.
The Consultant will prepare an inventory of existing waste reduction, collection, disposal, land
limitation, and public education programs and facilities. The Consultant will base this inventory
on data received from the City, data collected in on-site observations, interviews with City staff,
and State sources. The Consultant will prepare a Technical Memo and facilitate a meeting with
the Advisory Committee to present the waste stream analysis.
Consultant will complete an assessment of the current system in order to support the
development of the Solid Waste Management Plan. In addition to meeting the Minimum
Planning Standards set by the State, the assessment will consider issues of particular importance
to City of Milton. They include: (1) the revenue generating policies and practice of the City for
solid waste management services, (2) the ability of the City to ensure adequate collection and
disposal services over the next ten years, and (3) how recycling can be integrated into the waste
disposal process. As part of this assessment, the Consultant will draw on its experience regarding
solid waste management systems in similar controlled-growth suburban communities throughout
the country.
The Consultant will summarize its assessment of the solid waste management systems and
develop Needs and Goals for each element required in a Solid Waste Management Plan. The
Consultant will prepare a Technical Memo and facilitate a meeting with the Advisory Committee
to reach consensus on Needs and Goals.
The Consultant will prepare a detailed implementation project plan, in timeline format, that
identifies the schedule of activities needed to pursue the recommendations that are developed.
City of Milton Solid Waste Management Plan Page 17 of 25
This strategy will detail the timing for implementation, identification of responsible parties,
funds required, and potential sources of funds. It will also include a tabular short term work
program. The Consultant will prepare a Technical Memo and facilitate a meeting with the
Advisory Committee to reach consensus on the implementation Plan.
Based on analysis and input received from the previous tasks, the Consultant will produce a draft
of the Solid Waste Management Plan Document. The plan will be submitted to City staff and the
Advisory Committee for their review and comment. Consultant will prepare and deliver a
presentation of the draft plan at the second public hearing. Consultant will work with City of
Milton to incorporate any comments received from the public and the Georgia Department of
Community Affairs, and will produce a final copy of the Solid Waste Management Plan.
Task 3 Deliverables:
•Draft Technical Memorandum: Waste Stream Analysis
•Draft Technical Memorandum: Waste System Assessment
•Draft Technical Memorandum: Implementation Plan
•Final Technical Memorandum: Waste Stream Analysis
•Final Technical Memorandum: Waste System Assessment
•Final Technical Memorandum: Implementation Plan
•Draft Solid Waste Management Plan
•Final Solid Waste Management Plan
Note: Dates for these deliverables will be set out in the Public Participation Plan, and modified
as needed and in agreement with the City.
Task 4: Additional Solid Waste Planning and Policy Activities
The Consultant will also provide additional solid waste planning support, public involvement,
research, and technical document preparation in the development of a new comprehensive solid
waste ordinance or other formal policy recommendation for consideration by the City Council,
on an hourly rate schedule, as requested by City Staff.
Milestones
Milestone Date
Public Participation Plan Submittal August 28, 2008
Kick Off Meeting September 4, 2008
Final Public Hearing and Submittal of Plan to DCA March 31, 2009
DCA Approval and Adoption of Plan July 31, 2009
City of Milton Solid Waste Management Plan Page 18 of 25
EXHIBIT “B”
List of Key Personnel
Ecological Planning Group
Courtney (Reich) Power, AICP, Principal Planner
Ed DiTommaso, Senior Planner
Jones Consulting Group
Vic Jones, PE
City of Milton Solid Waste Management Plan Page 19 of 25
EXHIBIT “C”
Project Budget
Task LumpSumFee
Task 1. Public Participation Plan $2,760
Task 2: Public Meetings $14,900
Task 3: Solid Waste Management Plan $12,314
Total $29,974
Tasks 1, 2, and 3 will be performed according the scope in Exhibit A for a lump-sum amount,
per task, as shown above. The Consultant will bill against the percentage of the level of effort
completed for each task.
If additional services are needed, they will be authorized by the City at the rates shown below.
Task 4: Additional Solid Waste Planning and Policy Activities Hourly, upon request
Hourly Rates:
•Courtney (Reich) Power $146.00
•Ed DiTommaso $106.00
•Vic Jones $135.00
City of Milton Solid Waste Management Plan Page 20 of 25
EXHIBIT “D”
Progress Report
Project Status Report
Project Name: City of Milton Solid Waste Management Plan
Project Number: 40475-001
Date:
Invoice Number:
Overview
EPG is assisting the City of Milton with development of its first Solid Waste Management Plan. EPG
is providing all necessary planning and administrative support to create the City of Milton Solid
Waste Management plan. EPG is following the Minimum Planning Standards and Procedures for
Solid Waste Management as described in Chapter 110-4-3 of the Rules of the Department of
Community Affairs in performing these services.
Task Budget Percent
Complete
This
period
Cumulative
Percent
Completed
Comments
Reference 1 through x
Work Completed During this Reporting Period
1.
2.
City of Milton Solid Waste Management Plan Page 21 of 25
Work Completed During Upcoming Reporting Period
End of Report
City of Milton Solid Waste Management Plan Page 22 of 25
EXHIBIT “E”
STATE OF GEORGIA
CITY OF MILTON
CONSULTANT 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 contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, Consultant will secure from such subcontractor(s) similar verification of compliance
with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the
form attached hereto as Exhibit “1.” Consultant further agrees to maintain records of such
compliance and provide a copy of each such verification to the City of Milton at the time the
subcontractor(s) is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Contractor Name)
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
________________________________________
Notary Public
My Commission Expires:
___________________
City of Milton Solid Waste Management Plan Page 23 of 25
EXHIBIT “F”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Subcontractor Name)
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
_________________________________________
Notary Public
My Commission Expires:
_________________________________________
City of Milton Solid Waste Management Plan Page 24 of 25
EXHIBIT “G”
Need to insert Ethics Code Here.
City of Milton Solid Waste Management Plan Page 25 of 25
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Daniel Drake, Public Works Director
Date: August 7, 2008 for the August 18, 2008 Council Meeting
Agenda Item: Approval of Paving Services (construction) agreement with Contractor
($621,033.43)
Recommendation:
The Staff recommends the Council to award the $621,033.43 contract to CW Matthews and
provide the authority to the City Manager or his designee to sign the attached agreement with
the Contractor.
Background:
The City put out a bid for the provision of resurfacing and patching construction. We received
nine bids that were opened on July 29, 2008. This is the lowest bid. This contract will patch
Thompson Road for preparation for LARP paving, as well as resurfacing and minor patching on
local roads.
Discussion:
We received nine bids, as shown below:
1.$621,033.43 C. W. Matthews Contracting
2.$677,430.50 Butch Thompson Inc.
3.$690,065.50 Blount Construction
4.$699,095.00 Shepco Paving Inc.
5.$708,931.00 Allied Paving Contracting
6.$714,224.50 Ace Grading
7.$747,252.38 Baldwin Paving Co.
8.$749,860.00 Atlanta Paving and Concrete
9.$795,925.00 Stewart Brothers
Attachments:
Agreement for Professional Services for the Solid Waste Management Plan
Concurrent Review
Legal Review by Paul Higbee
Procurement review by John Henderson
The City of Milton requires 51% participation by the Prime Contractor on all projects.
This Resurfacing Agreement (the “Agreement”) is made and entered into this ____ day
of _______________, 2008, by and between the CITY OF MILTON, a municipal corporation of
the State of Georgia, acting by and through its governing authority, the Milton City Council
(hereinafter referred to as the “City”), and C. W. Matthews Contracting Co., Inc a Georgia
corporation with its principal place of business located at 1600 Kenview Drive Marietta, GA
30060 (hereinafter referred to as the “Contractor”).
W I T N E S S E T H:
WHEREAS, the City issued a Request For Bid (RFB 08-PW1), dated June 25, 2008, to
solicit bids for FY08 Citywide Resurfacing Project; and
WHEREAS, based upon Contractor’s bid to construct and to install FY08 Citywide
Resurfacing Project, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section 1 Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
A.This Agreement (____ Pages);
B.Request For Bid RFB 08-PW1 (46 Pages) plus addenda, attached hereto as
Exhibit “A”;
C.Proposal and Bid from Contractor dated July 29th, 2008 (23 Pages), attached
hereto as Exhibit “B”;
1 1
D.Performance and Other Bonds, attached hereto collectively as Exhibit “C”;
E. Plans and specifications, attached hereto collectively at Exhibit “D (None)”
F. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents if
properly adopted in writing and executed by the Parties; and
G. City of Milton Code of Ethics (34 Pages).
Section 2 Project Description
The Project is defined generally as follows: FY08 Citywide Resurfacing Project.
Section 3 The Work
The Work is specified and indicated in the Contract Documents (the “Work”). The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents.
Section 4 Contract Time
This Contract shall take effect on the date of execution shown above. Contractor agrees
to complete the project within 45 days of its receipt of a written Notice to Proceed from the City.
Every effort will be made by Contractor to shorten this period.
Section 5 Contractor’s Compensation; Time and Method of Payment
Contractor shall be paid unit prices, as stated in the bid schedule provide by Contractor and
attached hereto, multiplied by actual quantities provided to the City at the City’s request. As
stated in the bid, the quantities stated in the bid schedule were only estimates. The unit prices in
the bid schedule will not increase based on a change in quantity of units actually requested by the
City. The City shall pay Contractor net thirty (30) days from the date of invoice for units
provided to the City during the invoice period; all invoices shall include an itemized list of units
provided and prices for each class of unit. No payments will be made for unauthorized work.
Upon the City’s certification of Final Completion of the Project, an invoice should be submitted
to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-
delivered.
Section 6 Work Changes
A. The City reserves the right to order changes in the Work to be performed under
2 2
this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written change orders 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.
B. 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.
C. 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 total
amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $50,000, must be approved by resolution of the
Milton City Council.
Section 7 Covenants of Contractor.
A.Ethics Code
Contractor agrees that it shall not engage in any activity or conduct that would be
in violation of the City of Milton Code of Ethics.
B.Time is of the Essence
Contractor specifically acknowledges that TIME IS OF THE ESSENCE for
completion of the Project.
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 services in pursuit of the timely and
competent completion of the Work undertaken by Contractor under this
Agreement.
D. Budgetary Limitations
3 3
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.
E. 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 services 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, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor’s professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor’s Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services 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.
G. Contractor’s Representative
______________________ shall be authorized to act on Contractor’s behalf with
respect to the Work as Contractor’s designated representative.
H. Assignment of Agreement
The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
I. Responsibility of Contractor and Indemnification of City
4 4
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
performance or character of the services rendered pursuant to this Agreement.
Contractor shall defend, indemnify and hold harmless the City, its officers,
boards, commissions, elected and appointed officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages,
losses, and expenses, including but not limited to, attorney’s fees, which may be
the result of willful, negligent or tortuous conduct 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 negligent act is caused in part by a party
indemnified hereunder. 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 the City or any of its agents or employees, by any employee
of 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, 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 and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including 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.
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
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor’s expense, all permits,
5 5
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten (10) days after issuance.
Inasmuch as the City of Milton and the Contractor are contractors independent of
one another 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 Contract enters into on behalf of the City of Milton without the
express knowledge and prior written consent of the City.
K. 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 Attorney 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 limits no less
than:
(a) Comprehensive General Liability of $1,000,000 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 there from.
(b)Comprehensive Automobile Liability (owned, non-owned, hired)
of $1,000,000 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 there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the Contractor’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 per accident.
6 6
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City.
(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, its officials, employees, agents and volunteers are
to be covered as insured 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 City,
its officials, employees, agents or volunteers.
(ii) The Contractor’s insurance coverage shall be primary
noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or
self-insurance maintained by the City, its officials,
employees or volunteers shall be excess of the Contractor’s
insurance and shall not contribute with it.
(iii)Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its
officials, employees, agents or volunteers.
(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, its officials, employees, agents and volunteers for
losses arising from work performed by the Contractor for
the City.
(vii) All endorsements to policies shall be executed by an
authorized representative of the insurer.
7 7
(b) Workers'Compensation Coverage: The insurer will agree to waive
all rights of subrogation against the City, its officials, employees,
agents and volunteers 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 with an
A.M. Bests' rating of no less than A: VII.
(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 certificates
of insurance and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. 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 prior to execution of this Agreement by the City.
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 at least two
(2) weeks prior to the expiration of the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insured
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 insured.
(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.
8 8
L. Employment of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
employed to perform work on City contracts involving the physical performance
of services. Therefore, the City shall not enter into a contract for the physical
performance of services within the State of Georgia, unless the Contractor shall
provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F”
that it and Contractor’s subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor’s and Contractor’s
subcontractors’ verification process to determine that the verification was correct
and complete. The Contractor and Contractor’s subcontractors shall retain all
documents and records of its verification process for a period of three (3) years
following completion of the contract. This requirement shall apply to all
contracts for the physical performance of services where more than three (3)
persons are employed on the City contract.
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 its 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 order the
Contractor to terminate or require its subcontractor to terminate that person’s
employment immediately and to report same to the Department of Homeland
Security. The Contractor’s failure to terminate the employee, or otherwise
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.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that the employee-number category designated below is
applicable to the contractor.
____ 500 or more employees
____ 100 or more employees
____ Fewer than 100 employees
9 9
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement, the Contractor will secure
from the subcontractor(s) such subcontractor(s’) indication of the above
employee-number category that is applicable to the subcontractor.
Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the contractor’s affidavit
attached as Exhibit “E.”
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.
M. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs 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 statements, records, reports, data and information related
to matters covered by this Agreement in the form requested by the City.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, there shall be made available to the
City for examination all records with respect to all matters covered by this
Agreement. The Contractor will permit the City 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.
N. Conflicts of Interest
10 10
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.
O. 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, consultants, 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. The Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information
whether specifically deemed confidential or not.
P. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non-citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit-issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub-consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor’s
compliance with this Section.
Q. 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, local boards, agencies, commissions, committees
or other regulatory bodies in order to perform the services contracted for under
this Agreement. All work performed by Contractor under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily expected of competent professionals.
11 11
R. Key Personnel
All of the individuals identified in Exhibit “G” are necessary for the successful
prosecution 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 “G”, 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 section shall constitute a
material breach of Contractor’s obligations under this Agreement and shall be
grounds for termination. Contractor shall not subcontract with any third party for
the performance of any portion of the Work without the prior written consent of
the City. Contractor shall be solely responsible for any such subcontractors in
terms of performance and compensation.
S. 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.
T. Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and
other materials prepared or in the process of being prepared for the services 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 such materials. Any such
materials remaining in the hands of the Contractor or subcontractor upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all risk of loss, damage or destruction of or to such
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.
U. 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 the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
12 12
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 to make a good faith effort to resolve problems, may
result in termination of the contract.
Section 8 Covenants of the City
A.Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to City of Milton, in order for Contractor to complete the Work.
B. City’s Representative
Matt Fallstrom shall be authorized to act on the City’s behalf with respect to the
Work as the City’s designated representative
Section 9 Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. An inspection shall be conducted by
the City or its representative(s) near the completion of the one-year general warranty period to
identify any issues that must be resolved by the Contractor.
Section 10 Termination
A. The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. In the event of a termination for convenience, Contractor
shall take immediate steps to terminate work as quickly and effectively as
possible and shall terminate all commitments to third-parties unless otherwise
instructed by the City. Provided that no damages are due to the City for
Contractor’s failure to perform in accordance with this Agreement, the City shall
pay Contractor for work performed to date in accordance with Section 5 herein.
The City shall have no further liability to Contractor for such termination.
B. The City may terminate this Agreement for cause if Contractor breaches any
material provision of this Agreement. The City shall give Contractor seven (7)
days written notice of its intent to terminate the Agreement and the reasons
therefore, 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 and deduct the cost
of completion from the unpaid Contract Price. The City will make no payment to
the Contractor or its Surety until all costs of completing the Project are paid. If
the unpaid balance of the amount due the Contractor, according to this agreement,
13 13
exceeds the cost of finishing the Project, the Contractor or its Surety will receive
the applicable funds due. If the costs of completing the Project exceed the unpaid
balance, the Contractor or its Surety will pay the difference to the City.
C. 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 treated as a termination
for convenience under the terms of this Section (A) above.
D.Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice 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.
E.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 Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
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. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect 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 which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
14 14
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
__________________________
__________________________
__________________________
__________________________
F. 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.
G. 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.
H. Headings. All headings herein are inserted only for convenience and ease of
reference and are not to be considered in the construction or interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
under seal as of the date first above written.
[SIGNATURES ON FOLLOWING PAGE]
15 15
CONTRACTORS NAME:
___________________________________
By: _____________________________
Its: _____________________________
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
MILTON CITY COUNCIL:
Joe Lockwood, Mayor
___________________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
Secretary of Owner should attest
Give proper title of each person-executing affidavit. Attach seal as required.
Executed in Quadruplicate _______________________________ of 4
16 16
EXHIBIT “A”
TABLE OF CONTENTS
TABLE OF CONTENTS ...........................................................................ERROR! BOOKMARK NOT DEFINED.
1.0 DEFINITIONS ......................................................................................ERROR! BOOKMARK NOT DEFINED.
2.0 INVITATION TO BID .........................................................................ERROR! BOOKMARK NOT DEFINED.
3.0 SCHEDULE OF EVENTS ...................................................................ERROR! BOOKMARK NOT DEFINED.
4.0 RESURFACING PROJECT SCOPE .................................................ERROR! BOOKMARK NOT DEFINED.
4.1 SCOPE .........................................................................................................ERROR!BOOKMARK NOT DEFINED.
4.2 LOCATIONS AND DESCRIPTIONS ................................................................ERROR!BOOKMARK NOT DEFINED.
4.3 GENERAL NOTES:.......................................................................................ERROR!BOOKMARK NOT DEFINED.
5.0 BIDDING INSTRUCTIONS ...............................................................ERROR! BOOKMARK NOT DEFINED.
5.1 SUBMITTAL REQUIREMENTS .....................................................................ERROR!BOOKMARK NOT DEFINED.
5.2 INSURANCE REQUIREMENTS ......................................................................ERROR!BOOKMARK NOT DEFINED.
5.3 BONDING REQUIREMENTS .........................................................................ERROR!BOOKMARK NOT DEFINED.
5.4 OATH ..........................................................................................................ERROR!BOOKMARK NOT DEFINED.
6.0 BID SCHEDULE ..................................................................................ERROR! BOOKMARK NOT DEFINED.
7.0 BID FORM ............................................................................................ERROR! BOOKMARK NOT DEFINED.
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION .........ERROR! BOOKMARK NOT DEFINED.
9.0 LIST OF SUBCONTRACTORS .........................................................ERROR! BOOKMARK NOT DEFINED.
10.0 BID PRICE CERTIFICATION ........................................................ERROR! BOOKMARK NOT DEFINED.
11.0 BID BOND ..........................................................................................ERROR! BOOKMARK NOT DEFINED.
12.0 PAYMENT BOND .............................................................................ERROR! BOOKMARK NOT DEFINED.
13.0 PERFORMANCE BOND ..................................................................ERROR! BOOKMARK NOT DEFINED.
14.0 PROJECT MAINTENANCE BOND................................................ERROR! BOOKMARK NOT DEFINED.
15.0 RESPONSE TO SECTIONS .............................................................ERROR! BOOKMARK NOT DEFINED.
16.0 DISCLOSURE FORM .......................................................................ERROR! BOOKMARK NOT DEFINED.
16.0 DISCLOSURE FORM .......................................................................ERROR! BOOKMARK NOT DEFINED.
17.0 AGREEMENT ....................................................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 1 CONTRACT DOCUMENTS..................................................................................................................1
SECTION 2 PROJECT DESCRIPTION....................................................................................................................2
SECTION 3 THE WORK .......................................................................................................................................2
SECTION 4 CONTRACT TIME ..............................................................................................................................2
SECTION 5 CONTRACTOR’S COMPENSATION;TIME AND METHOD OF PAYMENT ...........................................2
SECTION 6 WORK CHANGES ..............................................................................................................................2
SECTION 7 COVENANTS OF CONTRACTOR........................................................................................................3
SECTION 8 COVENANTS OF THE CITY ..............................................................................................................13
SECTION 9 WARRANTY.....................................................................................................................................13
SECTION 10 TERMINATION............................................................................................................................13
SECTION 11 MISCELLANEOUS .......................................................................................................................14
EXHIBIT “E”........................................................................................................................................................66
EXHIBIT “F”........................................................................................................................................................67
18.0 GENERAL CONDITIONS ................................................................ERROR! BOOKMARK NOT DEFINED.
17 17
1.0 DEFINITIONS
COMPW: City of Milton Public Works Department
GDOT: Georgia Department of Transportation
ENGINEER: City of Milton Director of Public Works or a duly authorized representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
18 18
2.0 INVITATION TO BID
CITY OF MILTON
The City of Milton is accepting sealed bids from qualified firms for a Resurfacing Construction
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. It is the bidder’s responsibility to periodically
check the posted website for new information and potential changes.
Sealed bids will be received no later than 2:00 PM Local Time on July 29th, 2008. Sealed bids
shall be submitted to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
At approximately 2:00 PM Local Time on July 29th, 2008 bids will be opened and the bidder’s
name and total bid amount will be publicly read aloud at:
City of Milton
13000 Deerfield Parkway
Courthouse
Milton, GA 30004
Bids received after the above time or in any other location other than the Purchasing Office will
not be accepted.
Bids shall be presented in a sealed envelope with the following information clearly marked on
the outside of the envelope:
Project Number: FY08-01
Bid number: 08-PW1
Name of the Company or Firm
ONE (1) ORIGINAL (PAPER) AND FOUR (4) COPIES (PAPER) AND A PDF COPY OF
THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally or by fax or
email. For questions, please email(preferred) Rick Pearce at rick.pearce@cityofmiltonga.us or
fax questions to 678-242-2499 Attn: Rick Pearce. Please refer to Bid number 08-PW1 and bid
name “FY08 Citywide Resurfacing Project” 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.
19 19
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 forty five (45) calendar days
from the date of the “Notice to Proceed.” Section 108.08 of the State of Georgia Department of
Transportation Standard Specifications Construction of Transportation Systems (current edition)
shall be applied.
20 20
3.0 SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event: Date:
Release of RFB 6/25/2008
Deadline for Written Questions 7/11/2008 @ 5:00 PM
*Submit via E-Mail (preferred) or Fax to Rick Pearce of Purchasing Office
City of Milton Addendum 7/18/2008
(Official answers to questions and potential changes to RFB. Addendum will be posted at the
same web locations as the RFB)
Bids due 7/29/2008 @ 2:00PM
Bids are due to: City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite-107G
Milton, Ga. 30004
Contract Award (On/about) Week of 8/11/08
21 21
4.0 RESURFACING PROJECT SCOPE
4.1 Scope
The contractor shall furnish all materials, equipment, and labor to complete the required
construction as described in its entirety to the specifications as directed and the terms of this
contract including all incidentals as directed by the City of Milton Director of Public Works or
his/her representative. The scope consists of the patching, striping, and paving roadway
segments as specified in Section 4.2.
Unless otherwise specified all work shall be completed in accordance with Georgia Department
of Transportation Standard Specifications (current edition).
4.2 Locations and Descriptions
The work locations and descriptions follow but are not limited to:
1.Alicia Way from Hopewell Crest to Cul-de sac- Mill 1.5”, 9.5 MM Superpave, Patching
as needed, Striping as directed
2.Bell Park RD from Thompson Rd to Park Entrance- Mill 1.5” 9.5 MM Superpave
Patching as needed, Striping as directed
3.Treyburn Manor View from White Columns Dr to Cul de sac Mill 1.5”, 9.5 MM
Superpave, Patching as needed, Striping as directed
4.White Columns Dr from Freemanville Road to Hampton Bluff Dr - Mill 1.5”, 9.5 MM
Superpave, Patching as needed, Striping as directed
5.Onagh Court from Glendlough Court to Cul de sac - Mill 1.5”, 9.5 MM Superpave,
Patching as needed, Striping as directed
6.Creek Club Drive from SR 9 to Wolf Willow - Mill 1.5”, 9.5 MM Superpave, Patching
as needed, Striping as directed
7.Kilgarron Court from Powers Court Ave to Cul de sac - Mill 1.5”, 9.5 MM Superpave,
Patching as needed, Striping as directed
8.Thompson Rd from Hopewell Rd to Francis Rd – Patch as needed
9. Hopewell Crest from Hopewell Plantation Dr to Cul de Sac- 9.5 MM
Superpave, Patching as needed, Striping as directed
4.3 General Notes:
1.The contractor is responsible for calling for utility locations prior to the start of each
work. It shall be the contractor’s responsibility to coordinate his work with any utility
owner whom maybe in conflict with his work. No claims will be considered for extra
compensation.
22 22
2.Any item which must be removed during the construction work and is not specially called
for shall be removed by the contractor. The cost shall be included in other unit price bid.
No claims will be considered for extra compensation.
3.All traffic control shall be provided by the contractor.
4.It is the intent of this contract for each unit price bid to include all labor, materials,
equipment, tools, transportation, and supplies as required as necessary to complete the
work in accordance with the plans, specifications as directed, and the terms of this
contract.
5.City reserves the right to extend the unit price for use on other roadways.
The general descriptions of each item of work are as described in the Georgia Department of
Transportation’s standards and specifications, complete and accepted. Any conflicts which
might occur during the course of the construction work or any conflicts which might be related
to the compensation of any work shall be decided based on the Georgia DOT’s standards and
specifications. No claims will be considered for extra compensation.
***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
23 23
5.0 BIDDING INSTRUCTIONS
5.1 Submittal Requirements
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS WILL RESULT IN THE
BID BEING DEEMED NON-RESPONSIVE AND AUTOMATICALLY REJECTED:
1. City Bid Schedule (Section 6.0)
2. City Bid Form (Section 7.0)
3. Qualifications Signature and Certification (Section 8.0)
4. List of subcontractors (Section 9.0)
5. Bid Price Certification (Section 10.0)
6. Bid Bond (Section 11.0)
7. Response to Sections (Section 15.0)
8. Disclosure Form (Section 16.0)
9. Applicable Compliance Specifications Sheets
10. Applicable Addenda Acknowledgement
5.2 Insurance Requirements
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 specified in the CONTRACT AGREEMENT (Section 17.0
Section 7 K) below.
5.3 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 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 contract 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 one (1) year from the completion of construction.
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
24 24
City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners
shall execute Bond.
5.4 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).
25 25
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM
NUMBE
R
ITEM
DESCRIPTION
UNIT
S
ESTIMATE
D
QUANTITY
UNIT
PRICE
TOTAL
AMOUNT
150-
1000 Traffic Control LS 1
$_______
_
$_______
_
(Unit Price in Words)
402-
1802
Recycled Asphalt Concrete Patching
including Bituminous Material & H Lime TN 3,000
$_______
_
$_______
_
(Unit Price in Words)
402-
3131
Recycled Asphalt Concrete 9.5 MM
Superpave GP 2 Only including
Bituminous Material & H Lime 1.5 in SY 35,000
$_______
_
$_______
_
(Unit Price in Words)
413-
1000 Bituminous Tack Coat GL 3,200
$_______
_
$_______
_
(Unit Price in Words)
432-
5010
Mill Asphalt Concrete Pavement, Variable
Depth SY 20,000
$_______
_
$_______
_
(Unit Price in Words)
653-
1501
Thermoplastic Solid Traffic Stripe, 5 in
White LF 19,750
$_______
_
$_______
_
(Unit Price in Words)
653-
1502
Thermoplastic Solid Traffic Stripe, 5 in
Yellow LF 19,750
$_______
_
$_______
_
(Unit Price in Words)
26 26
653-
1704
Thermoplastic Solid Traffic Stripe, 24 in
White LF 160
$_______
_
$_______
_
(Unit Price in Words)
654-
1001 Raised Pavement Markings Type 1 EA 250
$_______
_
$_______
_
(Unit Price in Words)
TOTAL BID AMOUNT $____________
27 27
7.0 BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
To: City of Milton
Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 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:
FY2008 Citywide Resurfacing Project
Bid Number 08-PW1
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). All materials used in the process of completion of the work included in the
Contract will be furnished from Georgia Department of Transportation certified suppliers only.
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 for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
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complete all Work within forty-five (45) calendar days from the Notice to Proceed.
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 _____________________________
Bidder _______________________ (Seal)
Company Name
Bidder Mailing Address:
By:
Title:
By:
Title:
29 29
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
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)
30 30
9.0 LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
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: ___________________________________________________
31 31
10.0 BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within Sixty (60) 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 __________________________________________________________________________
32 32
11.0 BID BOND
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
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: Rick Pearce, Purchasing Office
13000 Deerfield Parkway, Suite 107G
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:
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33
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.
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
34
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.
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12.0 PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and ___ (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
“County”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), 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 County, dated , which is incorporated herein by reference
in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project
known as , (hereinafter referred to as “the
PROJECT”).
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
36
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 County, or the filing of a Lien
against the property of the County 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 on
this day of , 20 .
[SIGNATURES ON FOLLOWING PAGE]
37
(Name of Principal)
Attest:
By:
Title:
___________
(SEAL)
_____________________
Title: ________________
Date: _________________
(Name of Contractor’s Surety)
Attest:
By: ____
Title:
_____
(SEAL)
_____________________
Title: ________________
Date: _________________
(ATTACH SURETY’S POWER OF ATTORNEY)
38
13.0 PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and (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
“County”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), 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 County, dated the of , 20 which is incorporated
herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the
construction of a project known as ,
(hereinafter referred to as “the PROJECT”).
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 County from any and all losses, liability and
39
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the County 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 of 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) days after
written notice from the County 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 County.
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 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
40
attorneys-in-fact, this day of , 20 .
(Name of Principal)
Attest:
Title: ________________
Date: _________________
_____________________
By: ___________
Title: (SEAL)
(Name of Contractor’s Surety)
Attest:
Title: ________________
Date: _________________
_____________________
By: ____
Title:
_____
(SEAL)
(ATTACH SURETY’S POWER OF ATTORNEY)
41
42
14.0 PROJECT MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT _________________________
(as CONTRACTOR, hereinafter referred to as the “Principal” located at [INSERT ADDRESS
AND PHONE NUMBER]), and _________________________ (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 Streets as described below in the sum of ____________________
Dollars ($__________), 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, dated ____________________, which is incorporated herein by
reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of
certain Streets as contemplated by that Project for [INSERT PROJECT NAME] (hereinafter
referred to as the “Project”); and
WHEREAS, said Project is to be 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
______________, maintain all streets (“Streets”) involved in said 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
43
of the date of said approval.
NOW THEREFORE, the conditions of this obligation are as follows:
3. That if the Principal shall maintain the Streets as described above; 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 costs of
maintenance of Streets, 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;
4. 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 on
this ____ day of __________, 20___.
[SIGNATURES ON FOLLOWING PAGE]
44
(Name of Principal)
Attest:
By:
Title:
___________
(SEAL)
_____________________
Title: ________________
Date: _________________
(Name of Contractor’s Surety)
Attest:
By: ____
Title:
_____
(SEAL)
_____________________
Title: ________________
Date: _________________
(ATTACH SURETY’S POWER OF ATTORNEY)
45
15.0 RESPONSE TO SECTIONS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Please review and initial that the sections and subsections have been read and that the Bidder will
comply with the sections.
INITIAL
TABLE OF CONTENTS ..................................................................... READ AND WILL COMPLY__________
1.0 DEFINITIONS ................................................................................ READ AND WILL COMPLY__________
2.0 INVITATION TO BID ................................................................... READ AND WILL COMPLY__________
3.0 SCHEDULE OF EVENTS ............................................................. READ AND WILL COMPLY__________
4.0 RESURFACING PROJECT SCOPE ........................................... READ AND WILL COMPLY__________
4.1 SCOPE
4.2 LOCATIONS AND DESCRIPTIONS
4.3 GENERAL NOTES:
5.0 BIDDING INSTRUCTIONS ......................................................... READ AND WILL COMPLY__________
5.1 SUBMITTAL REQUIREMENTS
5.2 INSURANCE REQUIREMENTS
5.3 BONDING REQUIREMENTS
5.4 OATH
6.0 BID SCHEDULE ............................................................................ READ AND WILL COMPLY__________
7.0 BID FORM ...................................................................................... READ AND WILL COMPLY__________
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION ... READ AND WILL COMPLY__________
9.0 LIST OF SUBCONTRACTORS ................................................... READ AND WILL COMPLY__________
10.0 BID PRICE CERTIFICATION .................................................. READ AND WILL COMPLY__________
11.0 BID BOND ..................................................................................... READ AND WILL COMPLY__________
12.0 PAYMENT BOND ........................................................................ READ AND WILL COMPLY__________
13.0 PERFORMANCE BOND ............................................................ READ AND WILL COMPLY__________
14.0 PROJECT MAINTENANCE BOND .......................................... READ AND WILL COMPLY__________
15.0 RESPONSE TO SECTIONS ....................................................... READ AND WILL COMPLY__________
16.0 DISCLOSURE FORM ................................................................. READ AND WILL COMPLY__________
17.0 AGREEMENT .............................................................................. READ AND WILL COMPLY__________
46
________________________________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
_________________ ___________________________________________
16.0 DISCLOSURE FORM
CITY OF MILTON
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
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:
47
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18.0 GENERAL CONDITIONS
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 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
TRANSPORTATION DEPARTMENT
CITY OF MILTON
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON, ACTING DIRECTLY
OR THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.84 Add: DIRECTOR OF TRANSPORTATION
CITY OF MILTON
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF THE WORK “The City will not be responsible for
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
49
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 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 sentence
GUARANTY
“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 must be submitted in duplicate in a
sealed envelope of sufficient size with the
following clearly typed or printed on the
outside:
Purchasing Division, City of Milton
Bid for Construction
Bid Number
Date and Hour of Bid Opening
Company Name
License # (if appropriate)
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1-1 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:
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“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 13000 Deerfield Pkwy., Suite 197G
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.
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
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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.”
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
PROPERTY AND SERVICE
“The Contractor is responsible for the
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
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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
(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.”
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EXHIBIT “A Continued”
RFB
08-PW1_addendum #
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EXHIBIT “B”
Completed Bid
Form.pdf (811 KB...
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EXHIBIT “C”
12.0 PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and ___ (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
“County”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), 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 County, dated , which is incorporated herein by reference
in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project
known as , (hereinafter referred to as “the
PROJECT”).
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
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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 County, or the filing of a Lien
against the property of the County 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 on
this day of , 20 .
[SIGNATURES ON FOLLOWING PAGE]
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(Name of Principal)
Attest:
By:
Title:
___________
(SEAL)
_____________________
Title: ________________
Date: _________________
(Name of Contractor’s Surety)
Attest:
By: ____
Title:
_____
(SEAL)
_____________________
Title: ________________
Date: _________________
(ATTACH SURETY’S POWER OF ATTORNEY)
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13.0 PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and (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
“County”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), 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 County, dated the of , 20 which is incorporated
herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the
construction of a project known as ,
(hereinafter referred to as “the PROJECT”).
NOW THEREFORE, the conditions of this obligation are as follows:
5. 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 County from any and all losses, liability and
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damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the County 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;
6.In the event of a failure of performance of the Contract by the Principal, which
shall include, but not be limited to, any breach of 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) days after
written notice from the County 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 County.
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 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
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attorneys-in-fact, this day of , 20 .
(Name of Principal)
By: ___________
Title: (SEAL)
Attest:
_____________________
Title: ________________
Date: _________________
(Name of Contractor’s Surety)
By: ____ _____
Title: (SEAL)
Attest:
_____________________
Title: ________________
Date: _________________
(ATTACH SURETY’S POWER OF ATTORNEY)
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14.0 PROJECT MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT _________________________
(as CONTRACTOR, hereinafter referred to as the “Principal” located at [INSERT ADDRESS
AND PHONE NUMBER]), and _________________________ (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 Streets as described below in the sum of ____________________
Dollars ($__________), 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, dated ____________________, which is incorporated herein by
reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of
certain Streets as contemplated by that Project for [INSERT PROJECT NAME] (hereinafter
referred to as the “Project”); and
WHEREAS, said Project is to be 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
______________, maintain all streets (“Streets”) involved in said 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.
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NOW THEREFORE, the conditions of this obligation are as follows:
7.That if the Principal shall maintain the Streets as described above; 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 costs of
maintenance of Streets, 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;
8.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 on
this ____ day of __________, 20___.
[SIGNATURES ON FOLLOWING PAGE]
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(Name of Principal)
By: ___________
Title: (SEAL)
Attest:
_____________________
Title: ________________
Date: _________________
(Name of Contractor’s Surety)
By: ____ _____
Title: (SEAL)
Attest:
_____________________
Title: ________________
Date: _________________
(ATTACH SURETY’S POWER OF ATTORNEY)
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EXHIBIT “E”
STATE OF GEORGIA
CITY OF MILTON
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 contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form
attached hereto as Exhibit “1.” Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Contractor Name)
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
________________________________________
Notary Public
My Commission Expires:
___________________
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EXHIBIT “F”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Subcontractor Name)
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
_________________________________________
Notary Public
My Commission Expires:
_________________________________________
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EXHIBIT “G”
Milton code of Ethics
Milton code of
Ethics.pdf (1 M...
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