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HomeMy WebLinkAbout02-01-10 PacketPage 1 of 2 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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, February 1, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1042) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the January 6, 2010 Regular Meeting Minutes. (Sudie Gordon, Interim City Clerk) (Agenda Item No. 10-1043) 2. Approval of the January 11, 2010 Work Session Minutes. (Agenda Item No. 10-1044) (Sudie Gordon, Interim City Clerk) 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 1, 2010 – 6:00 PM Page 2 of 2 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. 9) PUBLIC HEARINGS 10) ZONING AGENDA 11) UNFINISHED BUSINESS 12) NEW BUSINESS 1. Approval of a Resolution adopting the City of Milton Parks and Recreation Assessment Plan and Pattern Book for Use by the City of Milton Parks and Recreation Department. (Agenda Item No. 10-1045) (Previously Discussed on 2/14/09 at Council Work Session) (Presented by Cyndee Bonacci, Community Development Director) 2. Approval of a Contract Between the City of Milton and The Schapiro Group, Inc. for the Parks and Recreation Needs Assessment and related work. (Agenda Item No. 10-1046) (Presented by Cyndee Bonacci, Parks and Recreation Director 3. Approval of A Resolution to Attach a Section Called Supplemental Plans to the Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan. (Agenda Item No. 10-1047) (Presented by Lynn Tully, Community Development Director) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION 16) ADJOURNMENT (Agenda Item No. 10-1048) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: January 19, 2010 Meeting Date: February 1, 2010 Agenda Item: A Resolution Adopting the City of Milton Parks and Recreation Assessment Plan and Pattern Book for Use by the City of Milton Parks and Recreation Department Background: The City of Milton contracted the services of EDAW, Inc. in early 2009 to complete a parks and recreation assessment plan. This plan would assist in determining how well the City’s current parks and facilities meet current needs as well as the likelihood of these facilities being able to meet future needs. Also included as part of the overall assessment, was the development of a pattern book to provide guidance for the City as to how the parks will look in the future including signage, site furnishings and landscaping. Discussion: EDAW held three meetings with the Parks and Recreation Advisory Board. The first was to define the goal of the project. The second was to discuss relevant issues that needed to be addressed and to prepare for an upcoming public meeting. The third meeting was intended to give the Board and opportunity to review the draft plan and offer guidance on completing the project. A public meeting was held in July. This public meeting was intended to offer an overview of the scope of the project and to define design guideline standards. A project summary presentation was given by EDAW at the Work Session on December 14, 2009. The following is a list summarizing the general recommendations by EDAW: All parks and facilities should be designed to meet ADA standards so that all Milton residents have access to recreational opportunities. Facilities should be designed to accommodate all age groups with an emphasis on creating an environment that encourages family interaction. The City should pursue options for acquiring additional park land and green space including acquiring outright, through a land conservation organization, lease land long- term, or acquire easements for trails and to protect natural resources. The City should ensure that all planning efforts are coordinated so that parks, recreation, and green space are addressed consistently in all plans. Sustainability should be focus as the City develops its parks and recreation system. There should be an environmental, economic and social balance. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 The City’s outreach to citizens is critical as the City moves to establish a clear vision for Parks and Recreation. An inclusive, comprehensive assessment of what citizens want is needed and should be a top priority. Once the needs of the Milton citizens have been defined into a clear vision, then the issues of staffing, outsourcing, fees and capital plans can be addressed. Attachments: A Resolution Adopting the City of Milton Parks and Recreation Assessment Plan and Pattern Book for Use by the City of Milton Parks and Recreation Department City of Milton Parks and Recreation Assessment Plan and Pattern Book (previously supplied to Mayor and Council via CD) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION ASSESSMENT PLAN AND PATTERN BOOK FOR USE BY THE CITY OF MILTON PARKS AND RECREATION DEPARTMENT WHEREAS, The City of Milton contracted the services of EDAW, Inc. to complete a Park Assessment Plan; and, WHEREAS, EDAW, Inc. completed a thorough review of existing park properties and coordinated input meetings with the Milton Parks and Recreation Advisory Board, staff, and citizens; and, WHEREAS, the findings and general recommendations from this assessment have been compiled into the City of Milton Parks and Recreation Assessment Plan and Pattern Book; and, WHEREAS, these findings and general recommendations have been presented to the Mayor and Council of the City of Milton; THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Milton, GA while in regular session on the 1st day of February 2010 at 6:00 p.m. that staff is hereby authorized to utilize the City of Milton Parks and Recreation Assessement Plan and Pattern Book as an official guide for ongoing and future Parks and Recreation initiatives. SO RESOLVED, ON THIS 1ST DAY OF FEBRUARY, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ____________________________________ Sudie AM Gordon, Interim City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: January 20, 2010 Meeting Date: February 1, 2010 Agenda Item: Approval of a contract between the City of Milton and The Schapiro Group, Inc. for the Parks and Recreation Needs Assessment and related work Background: The City of Milton completed the Parks and Recreation Assessment Plan in late 2009. The next step is the completion of a Parks and Recreation Needs Assessment. This project will allow the citizens of Milton to provide input regarding current and future interests in parks and recreation initiatives via mail survey. This survey will be mailed to all households in Milton and data collected will be analyzed, compiled and presented to the City. Discussion: In November 2009, an RFP for a City of Milton Parks and Recreation Needs Assessment was released to six firms. In December, three firms had successfully responded with proposals. Follow up with each firm was conducted to make sure that the pricing and scope of work were comparable. The RFP was amended twice to collect additional information from each firm. The Schapiro Group, Inc. was the low bidder for mailing to all Milton households at a fixed price of $16,400.00 and an estimated 25% return which adds a total of $3,400.00 in postage costs. Anything substantially above 25% would be an additional cost of $.23 per return and anything substantially below 25% would be a recognized savings for the City in postage costs. Bidder Fixed Price Postage Costs % Return in Postage Costs The Schapiro Group, Inc. $16,400.00 $3,400.00 25% Booth Research Services, Inc. $19,360.00 $2,240.00 0% Lose & Associates, Inc. $19,900.00 $5,465.00 18% Reference checks have been completed for The Schapiro Group, Inc. Attachments: A contract between the City of Milton and The Schapiro Group, Inc. for the Parks and Recreation Needs Assessment and related work PG. 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this_____ day of _____________, 2010, 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 (“C ity"), and The Schapiro Group (TSG), Inc., a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as FY10 Parks and Recreation Citizens Survey RFP# 10-PR01(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 FY10 Parks and Recreation Citizens Survey RFP# 10-PR01 B. The Work The Work to be completed under this Agreement (the “Work”) consists of Exhibit A and the Consultants response (Exhibit B part 1 and part 2). In the event of a conflict among the terms of this Agreement, Exhibit A and Exhibit B, the term that is most advantageous to the City shall govern. PG. 2 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 May 15th 2010. 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 amoun t 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 basis, and such invoices shall reflect charges incurred versus PG. 3 charges budgeted. 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 handle 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 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 $19,800 (25% returned postage), except as outlined in Section II(C) above. The total includes the creation and mailing of 11,500 surveys, the return of 25% of those, and the related analysis and summary, as well as presentation of the findings to the Council. See Exhibit B part 2 for postal variation. The compensation for services performed shall be based upon a flat fee. C. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. 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 PG. 4 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 Agr eement. 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 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 ______________________ 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 del egate 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 PG. 5 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 Cit y 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 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: PG. 6 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 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 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: 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 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. PG. 7 (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. 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 PG. 8 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: 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 th e 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 PG. 9 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’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. 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 PG. 10 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. 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. 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 PG. 11 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 “C” 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 Consultant’s Project Manager or members of the project team, as listed in Exhibit “C”, 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. Right of Entry PG. 12 The City shall provide for right of entry for Consultant and all necessary equipment to __City of Milton, in order for Consultant to complete the Work. B. City’s Representative Cyndee Bonacci 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 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. PG. 13 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 Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. PG. 14 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 Cyndee Bonacci for the City and ___________ 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 pr epaid, 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: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 PG. 15 NOTICE TO THE CONSULTANT shall be sent to: ____________________________ 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] PG. 16 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 PG. 17 in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ PG. 18 EXHIBIT “A” City of Milton FY10 Parks and Recreation Citizens Survey RFP# 10-PR01 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) regarding the City of Milton FY10 Parks and Recreation Citizens Survey. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I certify that this proposal 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ PG. 19 1.0 INTRODUCTION 1.1 Purpose of Procurement The City of Milton is soliciting proposals from qualified firms to conduct a statistically valid public opinion survey about parks & recreation and leisure services for the citizens of Milton. This survey shall identify citizen opinions about what the citizens wish to see for a future park system. The proposals shall be evaluated in accordance with the evaluation criteria set forth in this RFP. Subsequent to the opening of the proposals, discussions may be conducted by the City of Milton (“City”) with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. In conducting any such discussions, there shall be no disclosure of any information derived from proposals submitted by competing bidders. All such discussions shall be conducted by the City of Milton representative listed below: Rick Pearce- Purchasing City of Milton 678.242.2511 rick.pearce@cityofmiltonga.us Award shall be made to the responsible bidder whose proposal is determined to be the most advantageous for the City, taking into account all of the evaluation factors set forth in this RFP. No other factors or criteria shall be used in the evaluation. The City of Milton reserves the right to reject any and all proposals submitted in response to this request. 1.2 Withdrawal of Proposal Proposals submitted early may be withdrawn by the Offeror prior to the Due Date specified. Following the Due Date, the Proposal constitutes a binding offer and may not be withdrawn by the Offeror prior to the award. 1.3 Costs of Preparation Offeror shall be solely responsible for any and all costs associated with developing and preparing the Proposal. Under no circumstances will the City of Milton be required to reimburse Offeror for such costs. PG. 20 1.4 Materials Submitted as Part of the Proposal All materials submitted as part of the response to the RFP become the property of City of Milton and will not be returned to the Offeror. 1.5 Reservation of Rights City of Milton reserves the right to: (a) waive minor irregularities or variances, non material bid formalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this RFP; (c) request clarifications from all Offerors; (d) request resubmissions from all Offerors; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and/or the City of Milton Ordinance. City of Milton reserves the right to withdraw or cancel this RFP without prior notice, at any time, at its sole discretion. 2.0 SCOPE OF SERVICES The surveys should only include individuals living within the City limits, ensuring that all demographics are proportionately represented. Services to be provided by the selected firm will include: final editing of suggested questions that have been proposed by the City’s parks and recreation consultant and which have been reviewed and approved by the City’s parks and recreation advisory board; design, administration, data tabulation, analysis of results; and reporting of a mail survey. The mail survey shall be administered to a probability sample to ensure a margin of error of +/- 5% with a 95% confidence rating. Milton has approximately 11,500 households (single family, condo/townhouse, apartment, and trailer), therefore, in the proposal the bidder shall state the number of valid responses that must be returned for the confidence rating and margin of error percentages to occur; and, the total number of surveys that are proposed to be mailed in order to obtain a valid return. A telephone survey is not proposed in this Scope, therefore, an adequate number of surveys must be sent in order to receive the requisite number to meet the above requirements. 2.1 Background The City of Milton, Georgia was incorporated on December 1, 2006. The City continues to evolve and is continually striving to learn from its citizens the types of services they expect their new city to provide. Parks and recreation currently has a limited role and function, with only one active park (and that is limited to youth baseball and managed by an outside association). The objective of this needs survey is to determine from the citizens the types of activities and facilities they wish to see provided, and how willing they are to pay for these activities. PG. 21 2.2 Objectives The resident survey will: identify where improvements need to be made determine future parks priorities for the City. determine future recreation program priorities for the City. 2.3 Scope of Services A. Survey Services 1. Survey Design a. Prepare survey questions based on draft questions from the parks and recreation consultant and the Milton parks and recreation advisory board, insuring that questions will generate unbiased responses. b. Design survey to be administered by mail with follow up as required. c. Design format for an executive summary and/or detailed written report that will be used to present the survey findings. d. Recommend the number of surveys that shall be initially mailed in order to obtain a valid return that meets the 5% margin of error requirement. B. Survey Administration 1. Administer the survey to ensure a ninety-five (95%) percent confidence rating in the survey findings with a five (5) percent plus or minus variance, taking into consideration the following factors: a. Sample size. b. Random selection of respondents to ensure that all demographics are proportionately represented. c. Non-respondents not affecting survey results. 2. Must have ability to interpret survey for Spanish speaking residents, as required. 3. Print adequate number of surveys needed to mail to random sample. 4. All surveys shall be mailed via U.S. First Class postage and all surveys shall be pre-addressed and pre-stamped with First Class postage to encourage the highest return possible. C. Presentation of Survey Results PG. 22 1. Develop tabulations demonstrating actual results for each question and cross tabulations as appropriate. 2. Geo - code data to reflect significant responses based on various sections of the community as appropriate. 3. Prepare a professionally presented summary of key survey findings and detailed written report of the responses to survey questions for distribution to the City Manager, City Council, and parks and recreation advisory board, and provide electronic version. 4. Provide the City with raw data in Excel format. 5. Make verbal presentation to the City Council to present the findings and explain data; 6. Provide comparative benchmarks showing how City’s results compare to those of other communities locally and nationally. D. Throughout the process, consult with City staff to design survey utilizing methodologies and analytical techniques to: 1. Identify sub-populations that differ significantly from the City population at large in their requirements for programs and/or their satisfaction with City programs. 2. Determine what actions can be taken to increase residents and sub- populations of residents’ satisfaction with the City generally and with specific programs. 3. Determine support for possible initiatives or changes in programming or policy. 4. With staff input, determine and deliver questionnaire construction, item generation, response format and item selection to achieve both reliability and validity, and increase relevance to the City’s strategic planning processes. PG. 23 3.0 SUBMISSION OF PROPOSAL The bidder shall provide three original (3) hard copies of their proposal, plus one CD, which shall be prepared in the following manner: 3.1 Format of Proposal Minimum of 11 point font Stapled or spiral-bound; no binders 3.2 Sections of Proposal Signed proposal letter (page 1) Fixed Price Sheet.(page 8) Description of Firm's Experience with Similar Projects- Maximum of one page. The overall experience of the bidder with similar projects should be described; three examples are required. Include references, contact name and number. Organizational Staffing, Staff Bios and Resumes of Key Staff. Also state the name and experience of the individual(s) who will be making presentations to Council. State the number of valid responses that must be returned for the proposed confidence rating and margin of error percentages described in the scope of services and the total number of surveys to be mailed in order to obtain a valid statistical result. Maximum 1 page. Timeline: State number of days required from notice to proceed until surveys will be mailed. State the number of days it is anticipated it will take to have an adequate return of surveys in order to meet the 5% margin of error from initial mailing until final surveys would be expected. State number of days to tabulate preliminary results and submit a draft presentation to City staff after last survey is received. Maximum 2 pages PG. 24 Final Comments- Describe why your firm is best suited for this project, and any unique attributes and talents your firm can bring to bear to best accomplish the project for the City of Milton. Maximum of 2 pages. Signed proposal Price Certification Form (page 10) List of Subcontractors Form (page 11) Disclosure Form (page 12) 4.0 SELECTION CRITERIA 4.1 Review of Proposals All proposals received will be reviewed by the Purchasing Office to ensure that all requirements of the RFP have been met by the offerors. Additionally, the Purchasing Office may, in its sole discretion and in the course of its evaluation, arrange a site visit or request presentations/demonstrations with one or more selected offerors. 4.2 Evaluation Criteria The following shall be the criteria by which the Evaluation Committee evaluates and scores the proposal. Fixed Cost 70% Experience/Timeline/References 30% PG. 25 RFP# 10-PR01 Cost Evaluation (70% of total score) Return this section with the RFP This includes all deliverables in section 2.0. Fixed Price (excluding postage) $ _________________ Estimated postage $_________________ Authorized Signature ______________________________Date__________________ Print/Type Name_________________________________ Print/Type Company Name Here___________________________________________ PG. 26 Submission of Proposal: The Offeror’s response to this Proposal must be appropriately labeled and sealed. The bidder shall provide three (3) original hard copies, plus one CD. Faxes and emails will not be accepted. Proposals must be delivered to: City of Milton Rick Pearce 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Mark the outside of package as follows: Name of Company Phone Number and Point of Contact for Company RFP# 10-PR01 Due date: The Proposal must be received at the receptionist’s desk of the City of Milton Operations Department prior to 2:00 pm local time, December 10th 2009 It shall be the offeror’s sole risk to assure delivery at the receptionist's desk at the designated office by the designated time. Questions for the RFP (prefer email) must be directed in writing to: rick.pearce@cityofmiltonga.us or faxed to 678-242-2499 PG. 27 Deadline for written questions is December 1st 2009. All questions must be in writing. Answers will be emailed December 3rd 2009. PROPOSAL PRICE CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE In compliance with the attached specification, the undersigned offers and agrees that if this proposal is accepted by the City Council within one hundred and twenty (120) days of the date of proposal opening, that he will furnish any or all of the deliverables upon which prices are quoted, at the price set opposite each, to the designated point(s) within the time specified. COMPANY________________________________________________________________ ADDRESS_________________________________________________________________ AUTHERIZED SIGNITURE_______________________________________________________ PRINT / TYPE NAME __________________________________________________________ PG. 28 LIST OF SUBCONTRACTORS BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE 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: ___________________________________________________ PG. 29 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: PG. 30 Exhibit B(Part 1) Original response PG. 31 PG. 32 PG. 33 PG. 34 PG. 35 PG. 36 PG. 37 PG. 38 PG. 39 PG. 40 PG. 41 PG. 42 PG. 43 EXHIBIT “B”(Part 2) Change RFP to mail surveys to all Milton Households (not sampling) TSG’s response: TSG will mail the survey to all households in Milton (approximately 11,500). That will be the only mailing, as we will drop the two post cards and t he follow-up survey mailing. TSG expects that 5-25% of households will respond, giving us somewhere between 600 and 2,900 responses. Even on the very conservative low end, that is still a healthy number of respondents and will give us a solid dataset for analysis. There are clear benefits to mailing to all households, and we wanted to be sure you were aware that this takes the survey out of the realm of probability sampling. As we will be sending surveys to all residences, there is no longer a sample to speak of. The issue of sampling error will be moot, because every household will be able to participate. You will still have an impressive number of respondents, in addition to citizens who appreciate the opportunity to have their voices heard. The fixed price (excluding postage) will be $16,400 and the postage will total $3,400. The City would be responsible for $0.23 per piece postage per returned piece above 25% and that, conversely, we will deduct $0.23 per piece postage for each piece under 25%. The total cost includes creation and mailing of 11,500 surveys, the return of 25% of those, and the related analysis and summary, as well as presentation of the findings to the Council ”. PG. 44 EXHIBIT “C” Key Personnel Beth Schapiro PG. 45 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: ___________________ PG. 46 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 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully, Community Development Director Date: January 25, 2010 for Submission onto the February 1, 2010 City Council Meeting Agenda Item: A Resolution to attach a section called Supplemental Plans to the Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan COM (City Manager’s Office) Recommendation: To approve the attached resolution seeking approval to attach a section called Supplemental Plan to the Partial Plan Update of the City of Milton Comprehensive Plan. Background: The preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new Georgia Standards and Procedures for Local Comprehensive Planning, both the Community Participation Program (CPP) and the Community Assessment portions of the Plan are completed. The state planning regulation requires three basic sections of the Comprehensive Plan: 1. Community Assessment; 2. Community Participation Plan; and 3. Community Agenda There is also the opportunity to prepare a Partial Plan Update which serves as a bridge between the documents that were created under the previous state planning regulations and those to be prepared under the current regulations. The Partial Plan Update is a combination of the Community Assessment and several sections of the Community Agenda. In a letter dated May 28, 2008, ARC and DCA agreed that the Community Assessment and the Community Participation Program were developed in accordance with the state regulations and authorized the City of Milton to proceed with the final phase of the plan which is the Community Agenda. While proceeding with the development of the Community Agenda, it was discovered that the deadline for submittal of the plan was November 30, 2008 instead of November 30, 2011. To address the issue of the approaching deadline, DCA and ARC directed the City to complete a Partial Plan Update. It was also felt by DCA and ARC that a Partial Update was in the best interest of better regional coordination and inter-jurisdictional cooperation. Also, the Focus Fulton 2025 Plan was developed under the old planning regulations. Therefore, the Partial Update serves as a “bridge” between the adopted Focus Fulton 2025 Plan and the new plan underway. City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 On December 31, 2009, the City of Milton submitted The Partial Plan Update. In a letter dated February 12, 2009, the Partial Plan was determined to be in compliance with the state regulations. On December 21, 2009, the City of Milton adopted The Partial Plan Update to replace the Focus Fulton 2025 Plan. While the Partial Plan Update replaces the Focus Fulton 2025 Plan it does not ignore the supplemental plans that were adopted in 2006, but there is no comprehensive list of the supplemental plans in the Partial Plan Update. Discussion: The list of supplemental plans is an explicit list of the plans that incorporate by reference the following documents that focus on special areas, situations or issues of importance to the community. Crabapple Crossroads Plan, approved June 4, 2003 Birmingham Crossroads Plan and Development Standards, approved June 2003 Maintaining Rural Character in Northwest Fulton County, Georgia” (Rural Preservation Ordinance) 2006 Milton Trails Plan 2009 Milton Transportation Plan The Partial Plan Update is an interim plan and will serve as the City’s Comprehensive Plan until the Community Agenda is completed, accepted and adopted. CPAC and Staff continue to work with the community-based involvement process toward the completion of the Community Agenda, the final phase for the City of Milton Comprehensive Plan initiative. In addition, the CPAC has reviewed the comments outlined in the compliance letter regarding the Partial Plan Update and will incorporate them in the Community Agenda. Concurrent Review: Chris Lagerbloom, City Manager CPAC STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION TO ATTACH A LIST OF SUPPLEMENTAL PLANS TO THE PARTIAL PLAN UPDATE OF THE CITY OF MILTON 2008-2028 COMPREHENSIVE PLAN BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on February, 2010 at 6:00 p.m. as follows: WHEREAS, the City, established in 2006, currently operates under the Fulton County’s Focus Fulton 2025 Comprehensive Plan, originally adopted by the Fulton County Board of Commissioners in November 2005 and adopted by the City of Milton on November 1, 2006; and WHEREAS, the preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new Standards and Procedures for Local Comprehensive Planning adopted by the Department of Community Affairs in 2005 as the underlying foundation the task of developing the first Comprehensive Plan; and WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC) was appointed by Mayor and City Council to facilitate the development of the City Comprehensive plan; and WHEREAS, because of the approaching plan deadline and in the interest of moving Milton towards greater local control and self-determination as quickly and as thoughtfully as possible, the City completed a Partial Plan Update; and WHEREAS, on December 15, 2008, the Mayor and City Council approved the transmittal of the Partial Plan Update to the Georgia Department of Community Affairs and the Atlanta Regional Commission for review and consideration; and WHEREAS, on February 12, 2009, the Georgia Department of Community Affairs and the Atlanta Regional Commission determined that the Partial Plan Update met the Local Planning compliance requirements; and WHEREAS, on December 21, 2009, the City of Milton officially adopted the Partial Plan Update; and WHEREAS, the adoption of the Partial Plan Update does replace Focus Fulton 2025 Comprehensive Plan, it does not ignore the supplemental plans and separate documents that were adopted by the City of Milton in 2006 with the Focus Fulton 2025 Comprehensive Plan; there is no explicit list of these supplemental plans in the Partial Plan Update, and WHEREAS, a section called Supplemental Plans will be attached to the Partial Plan Update; NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby approve the attachment of; Supplemental Plans as part of the Partial Plan Update. This section incorporates by reference the following documents that focus on special areas, situations or issues of importance to the community. 1. Crabapple Crossroads Plan, approved June 4, 2003 2. Birmingham Crossroads Plan and Development Standards, approved June 2003 3. Maintaining Rural Character in Northwest Fulton County, Georgia” (Rural Preservation Ordinance) 4. 2006 Milton Trails Plan 5. 2009 Milton Transportation Plan RESOLVED this ______ day of February 2010. Approved: ____________________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie Gordon Interim City Clerk (Seal)