HomeMy WebLinkAbout09-07-11 PacketPage 1 of 5
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
Wednesday, September 7, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Patrick Abent, Inner Quest Church, Alpharetta, GA
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 177)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the August 1, 2011 Regular Council Minutes.
(Agenda Item No. 11- 178)
(Sudie Gordon, City Clerk)
2. Approval of the August 8, Work Session Minutes.
(Agenda Item No. 11- 179)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 7, 2011
Page 2 of 5
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.
3. Approval of a Professional Services Agreement between the City of Milton and Land
Specialists, Inc. for Bethany Bend at Cogburn Road Right of Way Services.
(Agenda Item No. 11- 180)
(Carter Lucas, Public Works Director)
4. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction Company, Inc. for Curb and Gutter Replacement on Kensington Drive.
(Agenda Item No. 11- 181)
(Carter Lucas, Public Works Director)
5. Approval of a Construction Services Agreement between the City of Milton and The
Tomal Corporation for Guardrail Replacement on Francis Road.
(Agenda Item No. 11- 182)
(Carter Lucas, Public Works Director)
6. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction Company, Inc. for Intersection Pedestrian Improvements.
(Agenda Item No. 11- 183)
(Carter Lucas, Public Works Director)
7. Approval of a Construction Services Agreement between the City of Milton and
Strickland Pipeline and Construction, Inc. for Storm Drain Repair at 369 Taylor Glen
Drive.
(Agenda Item No. 11- 184)
(Carter Lucas, Public Works Director)
8. Approval of a Professional Services Agreement between the City of Milton and Urban
Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 –
Hwy 400 Small Area Master Plan.
(Agenda Item No. 11- 185)
(Tom Wilson, Interim Community Development Director)
9. Approval of a Contract between the City of Milton, Birmingham United Methodist
Church and Special Events Network for the “B at the Movies” Event on September 10,
2011.
(Agenda Item No. 11- 186)
(John Rebar, Parks & Recreation Director)
10. Approval of a Revised Parks and Recreation Event License Agreement Between the City
of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other
Related Programs.
(Agenda Item No. 11- 187)
(John Rebar, Parks & Recreation Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 7, 2011
Page 3 of 5
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.
11. Approval of Ratification of Ordinance No. 11-08-108 “Brown Bagging Ordinance”
Previously Adopted at the Council’s August 1, 2011 Regular Council Meeting to Correct
Scrivener’s Error in the Ordinance Form, Changing a Reference to Chapter 7 to Chapter
4.
(Agenda Item No. 11- 188)
(Ken Jarrard, City Attorney)
6) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing 9/11 National Day of Service and Recognition.
(Presented by Councilmember Alan Tart)
2. A Proclamation Recognizing Detective Kevin Barry as Milton’s 2011 Officer of the
Year.
(Presented by Mayor Joe Lockwood)
3. A Proclamation Honoring Taylor Parrish and His Heroic Actions.
(Presented by Councilmember Bill Lusk)
4. Presentation of City of Milton’s Georgia Recreation and Park Association “2011
Visibility & Marketing Award” to Jason Wright, Communications Manager.
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
1. Approval of an Ordinance to Amend Chapter 22: Fire Prevention and Protection.
(Agenda Item No. 11- 189)
(Matt Marietta, Fire Marshal)
2. Approval of an Ordinance to Adopt Amendments to the Fiscal 2011 Budget for Each
Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual
Funding Available.
(Agenda Item No. 11- 190)
(Stacey Inglis, Finance Director)
3. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to
Adopt the Fiscal 2012 Budget for Each Fund of the City of Milton, Georgia,
Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the
Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed
Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 11- 191)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 7, 2011
Page 4 of 5
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.
4. Approval of an Ordinance to Amend Chapter 11 - Business Occupation Tax, Licenses,
and Regulation, of the City of Milton Code of Ordinances to Modify the Annual License
Fee Levied on Insurers; to Provide for the Repeal of Conflicting Ordinances; to Provide
an Effective Date; and for Other Lawful Purposes.
(Agenda Item No. 11- 192)
(Ken Jarrard, City Attorney)
5. Approval of an Ordinance to Amend Chapter 48 - Streets, Sidewalks and Other Public
Places, Article III, Division 2 of the City of Milton Code Of Ordinances for the
Abandonment or Acceptance of Public-Right-of-Way.
(Agenda Item No. 11- 193)
(Discussed at May 9th and June 13th, 2011 Work Sessions)
(Carter Lucas, Public Works Director)
8) FIRST PUBLIC HEARING
1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2011 Budget for Each
Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual
Funding Available.
(Agenda Item No. 11- 190)
(First Presentation on September 7, 2011)
(Stacey Inglis, Finance Director)
2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to
Adopt the Fiscal 2012 Budget for Each Fund of the City of Milton, Georgia,
Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the
Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed
Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 11- 191)
(First Presentation on September 7, 2011)
(Stacey Inglis, Finance Director)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 7, 2011
Page 5 of 5
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.
11) NEW BUSINESS
1. Approval of a Resolution Amending Resolution No. 11-03-173, A Resolution Appointing
A Member To The City Of Milton Parks And Recreation Advisory Board For District 6.
(Agenda Item No. 11- 194)
(Presented by Councilmember Alan Tart)
2. Approval of A Resolution to Accept the “City of Milton Visioning Plan” Dated March
11, 2011 Prepared by Lew Oliver, Inc. – Whole Town Solutions and as Amended by the
Community Development Department.
(Agenda Item No. 11- 195)
(Presented by Tom Wilson, Interim Community Development Director )
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 11-196)
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: Sara Leaders, PE – Transportation Engineer
Date: August 22, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Land Specialists Inc. for Bethany Bend at Cogburn Road Right
of Way Services.
Background:
This agreement is to provide right of way and easement acquisition services for intersection
improvements at Bethany Bend and Cogburn Road. The City has developed final plans for the
intersection improvements as well as plats and easement documents. Three bids were obtained
for right of way services and Land Specialists was the low bidder.
Discussion:
The work to be completed under this Agreement will include deed/title search, short form
parcel valuation, negotiation, and closing for the 2 parcels requiring right of way and
easements. The work also includes negotiation with 4 property owners for the temporary
construction easements only.
Staff is recommending the approval of a professional services agreement between the City of
Milton and Land Specialists Inc. to provide right of way services in the amount of $7,000.00.
The budget for this work will be from Capital Project Fund.
Legal Review:
Agreement – Paul Higbee, Jarrard & Davis on 8/3/2011
Attachments:
1. Agreement
Aj rCity of Milton
PROFESSIONAL SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $14,000.00 OR LESS
Bethany Send at Coghurn Rd Right of Way Services �
This Professional Services Agreement (the "Agreement") is made and entered into this) /�—, d y of
[6 u , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as
the "City"), and LAND SPECIALISTS INC. (hereinafter referred to as the "Consultant"),
WITNESSETH THAT:
WHEREAS, the City desires to employ a Consultant to perform the services described herein (the
"Work"): and
WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work,
and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Consultant, 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: This Agreement and the following named Exhibits, attached hereto
and incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A WORK DESCRIPTION
EXHIBIT B INSURANCE CERTIFICATE
To the extent that there may be any conflict among the Contract Documents, the provision operating most
to the benefit of the City shall govern.
Section 2. The Work: Consultant shall provide all Work described in the Contract Documents.
Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of
materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally
described as right of way and easement acquisition services for intersection improvements at Bethany
Send and Cogburn Road.
Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress
of the Work.. It shall commence Work pursuant to this Agreement on or before a date to be specified on a
written "Notice to Proceed" from the City and shall fully complete the Work within 90 days of the
"Notice to Proceed".
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as
defined below, shall require a written change order executed by the City in accordance with its purchasing
regulations.
Section S. Compensation and Method of Payment: City agrees to pay Consultant for the services
performed and costs incurred by Consultant upon the City's certification that the services were actually
performed and costs actually incurred in accordance with this Agreement. Compensation for services
performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's
receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the
Page 1 of 4
services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed $7,000.00 the
"Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the
performance of the Work. Specifically, Consultant agrees that in the event it cannot perform die Work
within the budgetary limitations established without disregarding sound principles of Consultant's
industry, Consultant will give written notice thereof immediately to the City.
Section G. Covenants of Consultant
A. Assignment of Agreement: 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.
B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to
take and assume all responsibility for the services rendered in connection with the Work.
Consultant shall bear all losses and damages directly resulting to it on account of the negligent
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 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, reasonable
attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent
arising out of the negligent performance of contracted services, or operations by Consultant, any
sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose
negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the
negligent act is caused in part by a party indemnified hereunder.
C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an
independent business and agrees to perform the Work as an independent Consultant, not as agent
or employee of City. Inasmuch as City and Consultant are parties 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 by both parties.
Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow
any employee to do so, unless specifically authorized, in advance and in writing, and then only
for the limited purpose stated in such authorization. Consultant shall assume full liability for any
contracts or agreements Consultant enters into on behalf of City without the express knowledge
and prior written consent of City.
D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance approved by the City as shown on Exhibit B.
E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and
will maintain all diplomas, certificates, licenses, permits or the like required by any national,
state, regional, City, and local boards, agencies, commissions, committees or other regulatory
bodies to perform the Work. Consultant shall comply with applicable legal requirements and
meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the
process of being prepared for the Work by Consultant ("materials") shall be the property of the
City and the City shall be entitled to full access and copies of all materials. All copyrightable
Page 2 of 4
subject matter in all materials is hereby assigned to the City and Consultant agrees to execute
any additional documents necessary to evidence such assignment.
G. Consultant's Representative: Mitzi Minnich-Ritchie shall be authorized to act on Consultant"s
behalf with respect to the Work as Consultant's designated representative.
H. 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 sub -consultants, consultants, and/or staff to likewise protect such confidential
information.
Meetings: Consultant shall meet with 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 City.
Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall
perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the:
same profession currently practicing under similar circumstances at the same time and in the same or
similar locality.
Section S. Termination: The City may terminate this Agreement for convenience at any time upon
written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this
Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. 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.
C. Sovereian 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE]
Page 3 of 4
Land Specialists Inc.
J
Signature: Printed Name:
Title:. .
CITY OF MILTON, GEORGIA
.Toe Qd, Mayvr
Page 4 of 4
Exhibit A
Work Description
Land Specialists Inc. will provide right of way and easement acquisition services for land
needed to construct intersection improvements at Bethany Bend and Cogburn Road.
Right of way and permanent easement services will be needed with all property owners
conveying title to land. These services will include deed/title search documentation, a short
forth appraisal., negotiation with the property owners, and all required deeds will be signed,
executed and recorded as part of closing with the property owners. This level of acquisition
service is required on two properties in the improvement area. Compensation for these two
properties shall be $3,800 ($1,900 each).
Temporary grading and construction easement services will be needed with all property
owners adjacent to the improvements. This service will include negotiation and execution of a
temporary construction easement form with property owners requiring temporary access
during construction. This level of acquisition service is required on four properties in the
improvement area. Compensation for these four properties shall be $3,200 ($800 each),
All documentation will be provided to the City. All work shall comply with applicable city
and state regulations.
Exhibit B
Insurance Certificate
ACCMDrCERTIFICATE OF LIABILITY INSURANCE
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8/3/ap11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TRE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER -
IMPORTANT: If the cer0 icate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and condPtions of the I3olicy, certain policies may acquire an erdCi sarn®nt. A statement on this cerWicato does not confer rights to the
ca of late holder In lieu of such a ndarsetnant(s).
PRODUCER
TACT Dawn Rjoe
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City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 24, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton
and Blount Construction Company, Inc. for Curb and Gutter Replacement on
Kensington Drive
Background:
Prior to the resurfacing of Kensington Drive a section of curb and gutter was identified that had
settled and fails to drain properly. This section of curb and gutter was identified for
replacement.
Discussion:
Approximately 60 lf of curb and gutter was removed and replaced to re-establish proper line
and grade. In accordance with the standard city purchasing policy three bids were received for
this project and Blount Construction Company, Inc. was the lowest, responsive bid. Staff is
recommending approval of the construction services contract with Blount Construction
Company, Inc. in the amount of $1,750.
Legal Review:
Paul Higbee, Jarrard & Davis on 8/1/2011
Attachments:
1. Construction Services Agreement
n
�-1
1 City of Milton
SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Curb and Gutter Replacement Kensington Drive
This Services Agreement (the "Agreement") is made and entered into this _ day of 201,
by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Blount
Construction Company, Inc.(hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
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: This Agreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
rV 1AIT A R/l1DV DESC4 TDTIIITi
�, T�,T ...... Prove e in Section 2 of this agreement
EXHIBIT B INSURANCE
EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless
otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor,
expenses, and any other cost or item necessary to complete the Work, which is generally described as replacing 60
feet of Curb and Gutter at 655 Kensington Farms Drive as identified by the City of Milton. Curb and gutter shall be
set to the line and grade identified by the city and shall ensure positive drainage along the curb line. Contractor shall
remove and properly dispose of existing curb and gutter in accordance with all applicable laws and regulations.
Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It
shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to
Proceed" from the City, and shall fully complete the Work within 5 days of the "Notice to Proceed".
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined
below, shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed
and costs incurred by Contractor upon the City's certification that the services were actually performed and costs
actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice,
submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices
shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work
shall not, in any case, exceed $1,750.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor
shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it
cannot perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor's industry, Contractor will give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. Assignment of Agreement: 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.
B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. 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 tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder.
C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit B.
E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
2
G. Contractor's Representative: Steven Epstein shall be authorized to act on Contractor's behalf with respect to
the Work as Contractor's designated representative.
H. 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.
I. Meetings: Contractor shall meet with 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 City.
Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at no additional cost to the City.
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the
City shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. 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.
C. 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.
D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibits "C" and "D" that it
and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related
rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City
Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's
subcontractors' verification process to determine that the verification was correct and complete. Compliance with
the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the
Georgia Department of Transportation, as applicable, is mandatory.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[Blount Construction Company, Inc.]
Michael B. Rogers
Signature:� Printed Name: Vice PreSldent
Title:
[AFFIX CORPORATE SEAL]
U
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
EXHIBIT "B"
INSURANCE CERTIFICATE
BLOUCON-01 TASA
�►coR� CERTIFICATE OF LIABILITY INSURANCE
DAT1131201DIY1
7113121
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER (404) 633-4321
'.Yates Insurance Agency
4 Executive Park East, NE
Suite 200
Atlanta, GA30329
CONTACT
PHONE
A1C No E It
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAICJ
INSURER A: Bituminous Casualty Corporation x`20095
INSURED Blount Construction Co Inc
1730 Sands Place
Marietta, GA 30067-
INSURERR:Great American Insurance Company 116691
T —
INsuRERc:Chartis Specialty Insurance Company_ 126883
_ _
INSURERD:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
PoLICY NUMBER
POUGYEFF
POOU YD/YEXP
DMRS
GENERAL LABILITY
i
EACH OCCURRENCE s 1,000,08
A
I
�X?I CAMMEPCIAI GENE RAL LIABILITY X j
I �I CLAIMS-IAADE FX -1 OCCUR j !
X �CLP35468$9
I
1/1/2011 ;
j
1/1/2012 .
PRbEslurtINMe S 100,00
MED EXP (My..'.on) s 10,08
PERSONAL&ADV INJURY S 1,000,08
i I
I I
GENERALAGGREGATE S 2,800,08
GEN1 JrAGGREG�A1TE LIMIT APPLIES PFR:
POLICY I JCI PLOC
PRODUCTS - COMPIOP AGG $ 2,008,800
i
AUTOMOBILE LIABILnT
I
FaC ;xcov SINGLE LIMIT S 7,000,08
A
X ANY AUTO X
'
NEO SCHEDULED
X
rAP3546861
..1/112011
1/1/2012
BDDILYINJURY(Rv xrIion) 's
AUTOS OS I
i
I
i
BODILY INJURY (PeraCtitlent
PROPERTY DAMAGE S
Perddeni
ag
X HIREDAUTOS X NON-0WNED I
AUTOS I
(
'
Is
X IMaBRELLA LIAR
X
OCCUR
EACH OCCURRENCE IS 10,000,00
AGGREGATE $ 10,000,00
B
Excess unB
CLAIM wm
iU033025202
1/1/2011
I 111/2012
DEC I X I RETENTION S 10,00
s
A
WORKERS COMPENSATION
AND EMPLOYERV UAS UTY
ANY PROPRIETORRARTNERIEXECIfTNE Y�
OFFICERUEMBER EXCLUDED? NIA
(Myaa,Mftry M NH)
X
II,.,TORY
I'.C3546660
111/2011
1 1/1%2012
,
i
X WC STATU- OTRM-
I EL EACH ACCIDENT S i.000,00(
E.L. DISEASE - EA EMPLOYE $ 1,000,
DESCNIIFTI ION OF OPERATIONS W.
' EA-. DISEASE - POLICY LIMIT S 1,000,00
C
Pollutlon Liability
I
i
I
ICPOI 6039450
i
111/2011
111/2012
325,000 Deductible $2,000,000/OC
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 101, Additional Remak. schedule, if more space la requirM)
Project: FY11 Reconstruction & Resurfacing Projects (Thompson Rd., Freemanville Rd., Webb Rd., & New Bullpen Rd.)
City of Milton is an Additional Insured on the General Liability and Auto policy as required by written contract. General Liability coverage is
afforded on a Primary & Non -Contributory basis. Waiver of Subrogation is afforded on the General Liability, Auto and Workers Compensation
policy as required by written contract. Umbrella follows form. All coverage is subject to policy fors, conditions and exclusions.
City of Milton
13000 Deerfield Pkwy.
Suite 107G
Milton, GA 30004 -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is 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 "D."
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.
/a9a/0
EEV / Basic Pilot Program User Identification Number
BY: Au rized Officer Agent Date
[Blount Construction ComP`u`K iN661 B. Rogers
Vice President
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
2E ME ON IS THE
DAY OF '201 1
Cl
iry Public
Commission Expires: 1,)1/6114
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with (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
[INSERT 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 201
Notary Public
My Commission Expires:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 23, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
The Tomal Corporation d/b/a Wildcat Striping and Sealing Co. for Guardrail
Replacement on Francis Road
Background:
This agreement is to replace guardrail on Francis Road.
Discussion:
The work to be completed under this Agreement provides for the removal and replacement of 6
posts, TP1 and TP2 anchors, and a 50 foot section of T-beam at the intersection of Francis Road
and Thompson Road.
Staff is recommending the approval of a construction services agreement between the City of
Milton and The Tomal Corporation to provide guardrail repair services in the amount of
$6,173.00.
Legal Review:
Agreement – Paul Higbee, Jarrard & Davis on 8/4/2011
Attachments:
1. Agreement
/n
\'; City of Milton
CONSTRUCTION SERVICES AGREEMENT
SHORT FORM AGREEMENTS $10,000.00 OR LESS
GUARDRAIL REPLACEMENT ON FRANCIS ROAD
This Services Agreement (the "Agreement") is made and entered into this _day of , 2011, by
and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City'), and The Tomal
Corporation doing business as Wildcat Striping and Sealing Co. having its principal place of business at 4578
Lewis Road, Stone Mountain, Georgia 30083 (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Conhact Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, miles and regulations.
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: This Agreement and. the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EXHIl3TT A INSURANCE CERTIFICATE
EXHIBIT B CONTRACTOR AFFIDAVIT
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern,
Section 2. The Work: Contractor shall prow}de all Work descr}bed in the Contract Documents. Unless
otherwise stated in the Contract Documents, the Work shall include Contractor's prow}s}on of materials, labor,
expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal
and replacement of 6 posts, TPI and TP2 anchors, and a 50 foot section of T -beam at the intersection of Francis
Road and Thompson Road. Contractor shall provide all necessary traffic control to maintain a safe work zone for
their employees and the general public in accordance with the standards provided by the MUTCD, latest edition,
and the Georgia Department of Transportation.
Section 3.
Contract
Time:
Contractor understands that time is of the essence of this
Agreement and ~warrants
that it will perform the Work in a prompt manner, which shall not
impose delays on the progress of the Work. It
shall commence Work pursuant
to this Agreement on or before
a date to be specified
on a written "Notice to
Proceed" from the City, and shall
fully complete the Work within 5
days of the "Notice to
Proceed".
Section 4.
Work
and agrees not to assign or
Changes:
delegate any
Any changes to the Work requiring an increase in the Contract
Price, as defined
City.
below, shall
require a written
change order executed by the City in accordance
with its purchasing
regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed
and costs incurred by Contractor upon the City's certification that the services were actually performed and costs
actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice,
submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices
shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work
shall be based on a lump sum fee which shall not exceed $6173.00 (the "Contract Price"), except as outlined in
Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor
agrees that in the event it cannot perform the Work within the budgetary limitations established without
disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to
the City.
Section 6. Covenants of Contractor
A, Assignment
of Agreement: 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.
B. Responsibility of Contractor and Indenurification of City: Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. 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 harriless 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 tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder.
C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. Insurance: Contra
ctor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit A.
E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor's Representative: shall be authorized to act on Contractor's behalf
with respect to the Work as Contractor's designated representative.
H. 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.
I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or
contractual problems that may occur during the tern of the contract, at no additional cost to City.
Section 7.
Warranty: Contractor shall repair all defects
in materials, equipment, or
workmanship appearing
within one
year from the date of completion of the Work at no
additional cost to the City.
but all
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the
City shall pay Contractor for Work perfornied to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B.
Counterparts.
TMs
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.
C. Sovereign
Immunity.
Nothing contained in tlris
Agreement shall be carshued to be a waiver
of the City's
sovereign immunity or any
individual's qualified
good
faith or official immunities.
D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibit "B" that it and
Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related
rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City
Manager or Ms/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's
subcontractors' verification process to deternrine that the verification was correct and complete. Compliance with
the requirements of O.C.G.A. § 1340-91 and related rules promulgated by the Georgia Department of Labor or the
Georgia Department of Transportation, as applicable, is mandatory.
IN WITNESS WHEREOI', the part
ies have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE]
The Tomal CoKporanon doi g Vusiness as Wildcat Striping and Sealing Co.
Signature:
Title:
[AFFIX CORPORATE SEAL]
CITY OT MILTON, G)JORGIA
Joe Lockwood, Mayor
Printed Name: y i2 r � I L� d o i V. P.
EXHIBIT " '
INSURANCE CERTIFICATE
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "B"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned con hactor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, film, 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 subcontractors) 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 "D."
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.
I S®1 I
EEV / Basic Pilot ProgrUser Identification Number
B . Au oriz r gent ate
e Tomal Corporation doing business as Wildcat Striping and Sealing Co.]
Title of AuthoriizzJed Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS TH ``\\\��o"V'
DAY OF 2011 iq o
i
c s
No y Public
M Commission Expires: O141 ,
0
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, Public Works Director
Date: August 23, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Contract between the City of Milton and Blount Construction
Company for Intersection Pedestrian Improvements the Amount of $23,400.
Background:
As part of the MARTA Offset projects the city has proposed intersection improvements to
enhance pedestrian mobility at the intersections of Webb Road and Deerfield Parkway, Webb
Road and Morris Road, Morris Road and Deerfield Parkway, and Webb Road and Cogburn
Road.
Discussion:
The project is for the replacement of damaged sidewalk and ADA ramps and the installation of
the ramps where they do not currently exist at various intersections. This is part of our overall
intersection enhancement project being funded by the MARTA Offset funds and is 100%
reimbursable. Three quotes were obtained for these services and Blount Construction Company
provided the lowest bid for the project. Staff is recommending approval of the contract in the
amount of $23,400.00.
Legal Review:
Paul Higbee, Jarrard & Davis on 7/27/11
Attachments:
1. Contract with Blount Construction Company
City of Milton
CONSTRUCTION SERVICES AGREEMENT
FOR
INTERSECTION PEDESTRIAN IMPROVEMENTS
This Agreement (the "Agreement") to provide intersection pedestrian improvements is
made and entered into this _ day of , 2011, 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 Blount Construction Company,
Inc., a corporation with its principal place of business located at 1730 Sands Place, Marietta,
Georgia 30067, (hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid (RFB Intersection Pedestrian
Improvements), to solicit bids for intersection improvements at various locations within the city;
and
WHEREAS, based upon Contractor's bid to provide the intersection improvements, 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 ( 16 Pages);
B. Request For Bid RFB (14 Pages), attached hereto as Exhibit "A";
C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit `B";
D. Performance and Other Bonds, attached hereto collectively as Exhibit "C";
E. Plans and specifications, " " Included in
Exhibit A,
F. Contractor Affidavit and Agreement, attached hereto as Exhibit `B";
G. Subcontractor Affidavit, attached hereto as Exhibit "F";
H. 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
I. City of Milton Code of Ethics.
Section 2 Proiect Description
The Project is defined generally as follows: The installation and repair of sidewalk and
handicap ramps at the intersections of Webb Road and Morris Road, Webb Road and Deerfield
Parkway, Webb Road and Cogburn Road and Morris Road and Deerfield Parkway.
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 August 16, 2011. Contractor agrees to complete the
Project within 45 calendar days from the date of Notice to Proceed. 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 in one lump sum for the full agreed -to contract amount of
$23,400. The City shall pay Contractor upon Final Completion of the Project as such is
determined by the City, net thirty (30) days from the date of invoice. 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 Rick Pearce (Budget and Procurement Coordinator), 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
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 $5,000, 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
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
Tad Cook 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
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,
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.
(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.
(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.
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 "P
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, 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
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.
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
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 Citv
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment along the Glencreek Way right-of-way, in order for Contractor to
complete the Work.
B. City's Representative
Matthew 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,
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
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:
Blount Construction Company, Inc.
1730 Sands Place
Marietta, GA 30067
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]
Blount Construction Company, Inc.
I1
Its: Iyl_ e'
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
In rese ce of: �L�r��dn�uraur�
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5.ap.PORgT�`'��1-1
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Witness
SEAL zti
Votary Public
,`�� llll�� ,� ''•.. •7945.•-' `�\`
[NOTARY SEAL] `�C`J Es'tpN ���/.'� �yrlE,ORG,P``��.
My Commission Expires. s .....,. H
�0UN1`,�� Joe LocOkwood, MayorOUNCIL:
[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 Triplicate of 3
EXHIBIT "A"
REQUEST FOR BID
Intersection Pedestrian Improvements
BIDS DUE JULY 12, 2011 BY 5:00 PM
f • Road at Deerfield Pkwy
Webb Road at Cogburn Road
• f • • Morris • f
Morris Roadat Deerfield Pkwy
City of Milton, Georgia
Scope of Work and Schedule
The undersigned, as bidder, declares and represents that it has examined the site of the work and
informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be
performed, including those conditions affecting the cost of the work and the delivery, handling and
storage of materials and equipment. The bidder has examined and read the Bidding Document and
has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of
the work which is required to be performed and that the bidder is willing and able to perform all of the
work necessary. The bidder further certifies that no additional information is required to complete the
work encompassed by this bid within the cost and schedule established and agreed upon within this
bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to
provide all construction labor, materials, equipment, products, transportation, and other facilities and
services as necessary and/or required to execute and complete the work in full in accordance with the
scope of work provided to the full satisfaction of the city.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED
AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty
(60) days following receipt of the bids.
This is a lump sum payment project. Quantities shown on the attached drawings are for reference
only.
I".]1 &3 1011101 I 1r � ►i
(Company Name)
(Dollar Amount in Numbers)
(Dollar Amount in Words)
Page 2 of 14
1.0 General Conditions
a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between
the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity
more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of
7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM.
b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning
construction.
c) Burial of construction materials is not permitted within the City of Milton. All construction materials
and debris within the work area shall be properly disposed of by the contractor.
d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as
defined in the following scope and schedule.
2.0 Erosion and Sediment Control
a) All erosion and sediment control work necessary for the completion of this project shall be in
accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control
in Georgia, latest edition.
b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site
be left bare for more than fourteen (14) days.
c) No clearing beyond the limits shown on plan in Section 10.0 shall be allowed without approval.
d) Provide a minimum of'h inch of mulching, temporary and permanent seeding on all other
disturbed areas.
3.0 Earthwork
a) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations.
b) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible
damage to the work area.
4.0 Paving, Curb and Gutter, and Sidewalk
a) Paving shall comply with typical section for new pavement section shown on plan detail in Section
10.0 a). Asphalt is not included in this scope of work and is shown with the section for reference
only.
b) All asphalt, sidewalk and curb and gutter shall be saw -cut prior to removal.
c) Curb and gutter shall be Class "B" concrete (as defined by Georgia D.O.T.) and have a minimum
strength of 3,000 PSI at 28 days.
d) Typical curb and gutter section shall match the existing curb and gutter and follow the detail in
Section 9.0 b).
e) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be
provided at each tie-in point.
Page 3 of 14
f) Curb and gutter shall be set true to line and grade to ensure proper drainage.
g) Curb ramps and detectable warning strips shall be provided at locations identified in Section 10.0
and meet ADA requirements and detail in Section 9.0 d).
h) Sidewalk and concrete pads shall be installed at locations in Section 10.0 and according to detail
in Section 9.0 c) and City of Milton Subdivision Construction Standards.
i) Inferior workmanship or unprofessional construction methods resulting in unacceptable paving,
curb and gutter, or sidewalk will be cause for rejection of the finished work.
j) Temporary sidewalk shall be provided at all locations where existing sidewalk has been identified
to be removed and replaced.
5.0 Utilities
a) The contractor shall be required to coordinate and manage any and all utility locates and/or
relocations within the scope of this project.
6.0 Performance
a) All work performed shall be in accordance City of Milton Subdivision Construction Standards. The
contractor will adhere to all current State and Federal construction safety regulations, including
OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department
of Transportation standards for traffic control. The Contractor must maintain a safe work zone for
their employees, pedestrians, and vehicular transportation. All work shall be inspected and
approved by the City of Milton Department of Public Works (MDPW).
7.0 Schedule
a) Project shall start within 10 calendar days of the notice to proceed and be completed in
satisfactory manner, as deemed by MDPW, within 30 calendar days from the notice to proceed.
Page 4 of 14
8.0 Unit Prices
The city shall have the option of exercising any or all of the unit prices listed below at any point in the
project. All unit price amounts shall be items furnished and installed based on the project specified
materials.
Item.
Descci ti;,,,, :e
'`
Unit Price
1
Graded Aggregate Base Course
TN
2
Saw -Cut Asphalt
LF
3
Saw -Cut Concrete
LF
4
Concrete Sidewalk, 4"
SY
5
Concrete Curb and Gutter, 6"x24"
LF
6
Concrete Pavement, 8"
SY
7
Detectable Warning Strip (2'x 4')
EA
8
Curb Cut Ramp
EA
9
Temporary Mulching
TN
10
Permanent Grass Seeding
SY
11
Type A Silt Fence
LF
Page 5 of 14
9.0 Details
a) Curb & Gutter Details
b) Standard Sidewalk Section
c) GDOT Special Detail Concrete Sidewalk Details Curb Cut (Wheelchair) Ramps
Page 6 of 14
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10.0 Plan Details
a) ADA Upgrades Deerfield Pkwy at Webb Rd
b) ADA Upgrades Morris Rd at Webb Rd
c) ADA Upgrades Deerfield Pkwy at Morris Rd
d) ADA Upgrades Windward Pkwy/Cogburn Rd at Webb Rd
Page 10 of 14
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EXHIBIT "B"
BID FROM CONTRACTOR
Thc vrifilamiiii-tod,aii; biddct: dmdam* and rep eacrAt that It has exiftd the tske cf the kw,+. and
-.0 if) fagar-d "o oil Curtoiliunspaulamg1c ane- tam- wle,e -,hr-wrk Is t,�� be
pa.fti-ned-1, thow xnditionsilteellng the cost 0 thsf,,vurkarA Me daho,7y, ha-ldfirg 7,nd
slorage r.,! rrm.-.sia.and equipr ant. Ttza nid i A ai J %md -lie BIJ:fnp Drr oauant a--j
ait( h& , am arw--
h-,js hi- s:Whc- rfwt the BI-idirg Doctment 14i a� Id'-qUQ' ---ad at
t" ",,k.,w4hn I i it^, remqWr,`l In it : pi--iorume Li ":i that &'S &Odiw p-3 wua-g aLlid a b I at-) peflftrm. -411 r4 ft
%NO tl I he A bfdc-7i, WO,.e., cat I Tt=i Ikul it u acu-iffa-ful jrlort7ladvi 'ruqu To d bu, =mpl-- I e tre
w. sni1'bMpa,1,ui:xI by 0 mi A ,>;I—in 1he 0�,V, e-AaOW, 111�t; and ar s;ad upon vOthin R-fiR
Fidding t=me rt.
The Ofter au'.J E :it V 'hi-, kv�' is acmpcdto co itract w Nt zme My W Milwn 'm
pve4e all and olnerlaclimeo and
sarooess as necoc,sary rid,x mq;fimid u, Px�ctjln and Cmpete no ww� in lull 11 aouordama a ih,,
:icorm of -wmik provkjad to tho lull <,,I Itip may,
I HE EASE YID tS I HE A.rJOUNT -IPQN 1V4.hQH TPE� R CO ER W ILL BE FORMALL-Y E-VALWJ L:)
ANQ WRIC-H WILL 4F .,'SEU TO DET—EAFANt Tilt L(OWESr PICGrOP�1DLC DIDOUL,
Ire ase Ltd My nrZ DalmthOraWrt CIMP(lifiefl, e4M-mJ,*j tje M'.110sl to 10- a pa(jad gfql)klV
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Thi%i!31vnp t',am payinovil QiOjeW.- thaf�tleohoddrnwinp air',
SIDS 0U JLUY 12, 22I 1 BY 5:00 PNI
2 u414
EXHIBIT "C"
BONDS
PAYMENT BOND Bond No. 105615148
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as
Travelers Casualty and Surety
CONTRACTOR, hereinafter referred to as the "Principal"), and Company of America (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 any "Claimant," as hereinafter defined, in the sum of
Dollars ($23,400), 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 "CONTRACT"), for the construction of a project
known as Intersection Pedestrian Improvements, (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 famishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien
against the property of the City affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this 9th day of August , 2011.
(Blount Construction Company, Inc.)
By: 'La ?�"`-
Title: (SE4�uafn►►uu1i
UC jjd
(Signatures Continued on Next Page) % �i• x945 •'��
'�nr»n►sonnr•
Dater
Attest:
1C VL
Date: 8/9/2011
(Name of Contractor's Surety)
Travelers Casualty and Surety Company of America
By:
Title: Daniel Yates, Attorney-in-fact (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
TRAVELERS )
POWER OF ATTORNEY
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attomey-In-Fact No. 222641
Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc.
105615148
Obligee: The City of Milton, GA
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury
Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety
Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States
Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes,
Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara
Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State
of Georgia, their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and
all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of
guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of July, 2010.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
0E,7;,
�ti�LZ
State of Connecticut
City of Hartford ss. Geor e W.mpson; S ice President
On this the 20th day of July, 2010, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington
Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St.
Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. p.TlT
My Commission expires the 30th day of June, 2011.
c+ �tt�S� Marie C. Tetreault, Notary Public
'►9v CCG
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
Bond No. 105615148
KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company,
Inc. (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 "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
Dollars ($23,400), 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 the of , 2011 which is incorporated
herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the
construction of a project known as Intersection Pedestrian Improvements, (hereinafter referred to
as "the PROJECT").
NOW THEREFORE, the conditions of this obligation are as follows:
That if the Principal shall fully and completely perform each and all of the terms,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor's Surety shall
indemnify and hold harmless the City from any and all losses, liability and
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
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 (3 0) days after
written notice from the City to the Contractor's Surety; and
b. The means, method or procedure by which the Contractor's Surety
undertakes to perform its obligations under this Bond shall be subject to
the advance written approval of the City.
The Contractor's Surety hereby waives notice of any and all modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may be
brought within the time allowed by Georgia law for suit on contracts under 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
27
attorneys -in -fact, this 9th
Attest-, r
(,J ("J ��t- ( ti --j -
Date: 8/9/2011
day of August , 2011.
(Blount Construction Company, Inc.)
By: w4a -0%111111
h U ..raiy,;
Title: 70rb ect %�G^QtGr _ �$ .�C9,Q• Cp
a
SES :n=
''"•,��� �iF x945• . •: ,:� ```�.
"41111111M %
(Name of Contractor's Surety)
Travelers Casualty and Surety Company of America
By:
Title: Daniel Yates, Attorney-in-fact (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
29
TRAVELERS )
POWER OF ATTORNEY
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In -Fact No. 222641
Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc.
105615148
Obligee: The City of Milton, GA
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury
Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety
Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States
Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes,
Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara
Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State
of Georgia, their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and
all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of
guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of July, 2010.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
O���DAo
,lr•,alt
W.
State of Connecticut
By: �
City of Hartford ss. GeorgCW. 1Umpsd6iS&iaiAice President
On this the 20th day of July, 2010, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington
Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St.
Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. g�p.TtT
My Commission expires the 30th day of June, 2011. 3
o Aue�tas Marie C. Tetreault, Notary Public
�'NECT'�'
EXHIBIT "D"
PLANS AND SPECIFICATIONS
Refer to Exhibit "A"
32
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 "F" 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.
122 210
EEV / Basic Pilot Program User Identification Number
A •+.--
BY: Authorized Offic r or Agent Date
(Blount CR-C,Teff
nstruction Company, Inc.)
dl&^?5cr
Title of AD�uthorized Officer or Agent of Contractor
R4 -�4it a
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON IS THE
AY OF
2011
;tary
I$fill
N E
Public
��` Missio;�.,,�5%•
M Commiss'on Expires:
= 4org4 ,
�. Z
O • � $LIG C?
gi
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "F"
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 52011
Notary Public
My Commission Expires:
34
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 24, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton
and Strickland Pipeline and Construction, Inc. for Storm Drain Repair at 369
Taylor Glen Drive
Background:
This storm drain repair project was initiated from a drainage complaint received from the
property owner adjacent to the storm drain system. In accordance with the city stormwater
review policy, staff and the city attorney’s office have reviewed this issue and determined the
repairs to be in the best interest of the city.
Discussion:
Built in 2001 the streets and associated storm drain systems were originally dedicated to Fulton
County. When the City of Milton incorporated in 2006 those systems were then transferred to
the City of Milton for continued maintenance. The city was notified that the existing outfall on
an 18” storm line was potentially causing property damage at 369 Taylor Glen Drive. The
outfall discharges on a steep slope adjacent to a stream and attempts by the developer and the
county in past years to repair the issue have failed. This has resulted in severe erosion of the
stream bank. At the direction of the city attorney’s office staff has developed a plan to repair the
outfall channel and streambank.
In accordance with the standard city purchasing policy six bids were received for this project
and Strickland Pipeline and Construction, Inc. was the lowest, responsive bid. Staff is
recommending approval of the construction services contract with Strickland Pipeline and
Construction, Inc. in the amount of $15,600.
Legal Review:
Paul Higbee, Jarrard & Davis on 8/11/2011
Attachments:
1. Construction Services Agreement
City of Milton
CONSTRUCTION SERVICES AGREEMENT
Storm Drain Repair - 369 Taylor Glen Drive
This Agreement (the "Agreement") is made and entered into this 5 day of August,
2011, 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 Strickland Pipeline and Construction, Inc., a Georgia corporation with its
principal place of business located at 1009 Upper Burris Road, Canton, Georgia 30114-4157
(hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid, dated August 2, 2011, to solicit bids for a
storm drain repair in the Taylor Glen Subdivision; and
WHEREAS, based upon Contractor's bid to construct and to install the storm drain line
as required by the bid documents, 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 (16 Pages);
B. Proposal and Bid Documents (6 Pages), attached hereto as Exhibit "A";
C. 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
D. City of Milton Code of Ethics.
Section 2 Proiect Description
The Project is defined generally as follows and more particularly defined in Exhibit "A":
1. The removal of the existing headwall and replace with a junction box with
ring and cover. Junction box shall have a minimum 3 foot inside drop to the
invert of the outlet pipe.
2. Install of 36 if of 18" RCP to a point where a new junction box with a ring and
cover will be set. Provide sufficient inside drop, approximately 18", to
maintain a maximum 2% slope to the invert of the receiving ditch.
3. Install 12 if of 18" RCP from the junction box to the receiving ditch and reset
the headwall removed from the existing system.
4. Reshape the slopes around the outlet end of the pipe and headwall, provide
rip -rap protection and stabilize the slopes with matting and grass.
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 fr
AThis Contract shall take effect on ! �7 `-miontractor agrees to complete the
Project within 34 calendar days from the date o Notice to Proceed. Every effort will be made by
Contractor to shorten this period.
Section 5 Contractor's Compensations Time and Method of Payment
Contractor shall be paid in one lump sum for the full agreed -to contract amount of
$15,600 less the 10% {$1418.18} contingency. Payment shall also include that portion of the
contingency funds expended and authorized by the City. The City shall pay Contractor upon
Final Completion of the Project as such is determined by the City, net thirty (30) days from the
date of invoice. 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 the City of Milton Public
Works Department, for approval. Payment will be sent to the designated address by U. S. Mail
only; payment will not be hand -delivered.
Section 6 Work Chanes
A. The City reserves the right to order changes in the Work to be performed under
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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 $5,000, 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
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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
/l�� 7�7)U-W,7/V*Qmll 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.
Responsibility of Contractor and Indemnification of City
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,
61
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.
R
(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.
(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:
additional insured and loss payee on
Agreement.
0
The City shall be named as an
all policies required by this
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 "B" and
"C" 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
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 ❑.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 "C."
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.
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N. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics.
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 Re it bating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1985 (IBCA), 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
I
quality ordinarily expected of competent professionals.
R. Key Personnel
[Reserved]
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
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 S Covenants of the Citv
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment in order for Contractor to complete the Work.
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B. City's Representative
Jim Seeba shall be authorized to act on the City's behalf with respect to the Work
as the City's designated representative
Section 9 Warraniw
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,
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
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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
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
14
NOTICE TO CONTRACTOR shall be sent to:
Strickland Pipeline and Construction, Inc.
1049 Upper Burris Road
Canton, Georgia 30114-4157
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
Stridda line an onstructio c.:
By:
Its:
[CORPORATE SEAL]
SIGNED SEALED AND DELIVERED
In the presence of.
�ess
Lp
`F
N ary Adblic
[NOTA RY SEAL]; U
My Commission Exp,ikgrn"-
.• ' ' ' •`
�• ! K _ ��1��I- _fir
,•„ .•G 1
•
MILTON CITY COUNCIL:
.Toe 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-execut' ida it. Attach seal as required.
Executed in Triplicate of 3
15
Aug 12 11 10:11a Strickland 770-704-7340 p.2
EXHIBIT «$"
STATE OF GEORGIA
CITY OF .NULTO.N
CONTRACTOR A_ffDAVIT_ ND AGRL+�RMENT
By d -ds aMdavir, rite undorslgned contractor vmties its compliance with O.0-G.A. §
13-10-91, stating affirmatively that die individual, firm, or corporation which is contracting with
the Ciry of Milton has registered with and is participating in afederal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersigned further agrees t6aa, should it employ or contract with my subcontractors) in
connection with the physical perfon-riance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor s) similar verification of compliance with
D.C.G.A. § 13-10-91 on the Subcontractor Affidavit pt�ovided in Rule 300-10-11-08 in the form
attached hereto as Exhibit "C:' Contractor further agrees to maintain records of such compliance
and pr4Yide a cony of rnb sunk vrxifrcmiou to the City of Milton at the time the rabcontraotor(s)
is retained to perform such service.
2EV 1 Basic Pilot Program User Identification Number
BY: Au prized Officer or Agent Uate
(Strickland Pipeline acid Construction, Inc.)
yli—
Thlee of Authorized Officer or Agent of Contractor
Printed Ram� of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
42.t�-D�AY OF - - ---A.,, �.. ._ ....._.. —2011
" `�1113iff1►1
Expires: �����LY A
CP+
27.• C? .
EXHIBIT "A"
Proposal and Bid Documents
353 Taylor Glen Drive
Storm Drain System Improvements)
BIDS DUE AUgzlst 2, 2011 BY 1:00 PM II
1X'1'1.'[ 11 llei i L111. 111 411 FTI:_ ti•I•. r•[)I f - ..I. 1 :I I I:• ;•.I. •I. ! Ili II •.t r r , 11 Ir•:1 IIA
. :I•�� .. ., r .. -.. .. I.I. .... � Ir:'. •.' ... .t .., ' __ I ...I '41••:. ��:. _I
. i. ..I'[ � — - .•I� .. _. "lid' k � f`: .. �.li tl°'.. �• ... I �. e .
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:�I '.I 11::1:;! F:'.�k`! I � .• � •'•I I I.
I I. ::I
Baso Bid Amount
17
17
. 0% -% oft r,
'ML'"r"f" CERTIFICATE OF LIABILITY INSURANCE
DATE IM DDfYYYY,
08/16/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTEFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER[S], AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cert€fKate does not confer rights to the
certificate holder in lieu of such endorsement(s).
ACCORDANCE WITH THE POLICY PROVISIONS.
PRODUCER
Starr -Mathews Agency Inc
P. 0. Box 1990
Cartersville, GA 30120
CONTACT
NAME:
PN 770.386.0466 FAX.N,:770.386.3I64
E-MAIL
RE
05/01/2011
PRODUCER 00013063
e:DSTOIiER 1D 9k
INSURER($) AFFORDING COVERAGE NAM #
INSURED
Strickland Pipeline & Construction, Inc.
1009 Upper Burris Road
Canton, GA 30114
INSURERA_ Westfield Insurance Co.
24112
INSURERB:
INSURER C:
INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 2011-2012 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AODL SUER POLICY EFF POLICY -O P
TYPE OF INSURANCE INSR pyyD POLICY NUMBER MMIDD MWDDlYYYY LIMITS
ACCORDANCE WITH THE POLICY PROVISIONS.
GP�RALIJABl1TY
AUTHORIZED REPRESENTATfVE C�e)"'/y/4104-
.j 'Suite
CWP3625803
05/01/2011
05101/2012
EACH OCCURRENCE S 11000,00
rA
x COMMERCIAL GENERAL LIABILITY
PREMISES( RENTED $ 300,00(
PREMISES Ea oocurrenoa f
CLAIMS -MADE � OCCUR
MED EXP (Anyone person) S 10,00(
PERSONAL & ADV INJURY S 1,000,00(
GENERAL AGGREGATE $ 2, 000, 0
GEI+rL AGGREGATE LIMIT APPLIES PER;
PRODUCTS - COMPIOP AGO $ 2,000,00(
POLICYx JPE Q LOC
$
AUTOMOBILE LIABILITY
X ANY AUTO
CWP36258030510112011
05/0112012
COMBINED SINGLE LIMIT $ 1, Ooo,00
Ea accident
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
A
SCHEDULEDALrfOS
X HIREDAUTOS
PROPERTY DAMAGE $
{Per accident)
$
X NON -OWNED AUTOS
)( U MBRELLA IJAB x
OCCUR
CWP 362 S80 3: 05/0112011
05101/2012
EACH OCCURRENCE $ 1,000,000
AGGREGATE $ 1, 000 , 00
A
E](CESS LIAB
CLAIMS -MADE
DEDUCTIBLE
$
$
RETENTION $
WORKERS COMPENSATION"VCA
AND EMPLOYERS' LIAIWI Y YIN
U- OTH-
TORY LIMITS ER
E.L EACH ACCIDENT S
ANY PROPRIETORIPARTNERIEXECUTTYE❑
OFFICERIMEMSER EXCLUDED
(Mandatory in NH)
N IA
..
E.L. DISEASE - EA EMPLOYEE S
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT S
CWP362580 05/0112011
05/01/2012
$ 300,000
A
�ented/LeasedEquip
cheduled Equip
$ 135,500
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES [Attach ACORO 101, Additional Remarks Schedule, If mare space is required]
CERTIFICATE HOLDER CANCELLATION
(�) 19BU-ZUU9 AGQKID L; LaKPL)KA I IUN. All rig nis reservea.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Milton
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: City Manager
13000 Deerfield Pkwy
AUTHORIZED REPRESENTATfVE C�e)"'/y/4104-
.j 'Suite
Suite107E
Milton, CA 30004
Robert McGlon SAM
(�) 19BU-ZUU9 AGQKID L; LaKPL)KA I IUN. All rig nis reservea.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Tom Wilson, Interim Community Development Director
Date: August 25, 2011 for Submission onto the Sept. 7, 2011 City Council
Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of Milton and
Urban Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative
(LCI) Hwy 9 – Hwy 400 Small Area Master Plan.
CMO (City Manager’s Office) Recommendation:
To approve a Professional Services Agreement between the City of Milton and Urban Collage,
Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 – Hwy 400 Small
Area Master Plan.
Background:
The City of Milton 2030 Comprehensive Plan identifies the Hwy 9 and Deerfield area as an area
in need of a master plan that would guide future development. In December 2010, the city
submitted an application to the Atlanta Regional Commission (ARC) requesting funding to
conduct a master planning study of Hwy 9. In March of 2011, the Atlanta Regional Commission
awarded a Livable Centers Initiative (LCI) grant to the City of Milton to study and produce a
master plan for the Hwy 9 and included the Deerfield area to GA 400 area.
Discussion:
The Atlanta Regional Commission’s (ARC) Livable Centers Initiative (LCI) program requires that
a professional consulting team conduct the study and produce the master plan. In May, 2011
the city issued a Request for Proposals (RFP) for consulting services, and in July, 2011 the
consulting firm Urban Collage was selected to conduct the study. In order to proceed, it is
required that the city approves the consulting services agreement between the City of Milton
and Urban Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9
– Hwy 400 Small Area Master Plan.
Concurrent Review:
Chris Lagerbloom, City Manager
Legal Review:
The legal review performed by Paul N. Higbee, Jr., Attorney at Law at Jarrard & Davis, LLP, and
was completed on August 02, 2011.
g n City of Milton
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is effective as of this day of , 2011, 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 Urban Collage, 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
FYI 1 Hwy 9 -Hwy 400 Small Area Master Plan #11-CDO1 (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
FYI Hwy 9 -Hwy 400 Small Area Master Plan #11-CDO1
B. The Work
The Work to be completed under this Agreement (the "Work") consists of Exhibit A and the Consultants
response (Exhibit B). 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. Consultant is aware that the Work involves Federal
grant funds. Consultant warrants that it has reviewed and is familiar with all rules and regulations related to
such Federal grant funds, and Consultant agrees that it shall comply, and shall ensure that all of its
PG. 1
„_! g City or Milton
subcontractors comply, with all such rules and regulations. This obligation of Consultant includes, but is not
limited to, compliance with all applicable standards, orders, or requirements issued under Section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, Environmental Protection Agency regulations (40 CFR Part 15), and mandatory standards and policies
relating to energy efficiency that are contained in Georgia's energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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 two -hundred and ten days (210) from execution of
contract.
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
PG. 2
•'� C City of Milton
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 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 $125,000, except as outlined in Section II(C)
above. 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 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
PG. 3
^" q City of Milton
1
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 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
_Eric Bosman 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
PG. 4
" t, City of Milton
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:
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.
PG. 5
g City of Milton
(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.
(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.
PG. 6
^' t4 city of Milton
1! %
(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 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 Pam
The City shall be named as an additional insured and loss payee on all policies required by this
r
PG. 7
City of Milton
�n y,
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 Contractor shall provide evidence on
City -provided forms, attached hereto as Exhibits "D" and "E" 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'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 "D."
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, all records shall be retained for three years after final payment and closing
PG. 8
&-City & Millon
of all other pending matters or until any 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 appropriate, the City, the Federal
Highway Administration, the Comptroller General of the United States, or any of their duly
authorized representatives shall have access to any books, documents, papers, and records of
Consultant that are directly pertinent to this Agreement for the purpose of making audit,
examination, excerpts, and transcripts of same.
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
PG. 9
,City of Millon
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 "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
PG. 10
\q City of Milton
s
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. Consultant shall retain the intellectual property rights of any furnished
materials for marketing purposes. In the event The City or any other party or assignee shall make substantive
changes to any of the content of the materials, the materials shall no longer be represented as the work of
Consultant.
S. Federal Funding Requirements
City shall have available all administrative, contractual, and legal remedies in any instance where
Consultant violates or breaches the terms of this Agreement, and Consultant shall be liable for any
applicable and appropriate sanctions and penalties for same. Consultant must comply with all applicable
Georgia Department of Transportation and Atlanta Regional Commission reporting requirements and
regulations. Consultant must comply with all applicable Georgia Department of Transportation and Atlanta
Regional Commission requirements and regulations pertaining to copyrights and rights in data, and to patent
rights with respect to any discovery or invention which arises or is developed in the course of or under this
Agreement.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Consultant and all necessary equipment to the City of
Milton, in order for Consultant to complete the Work.
B. City's Representative
Michele McIntosh -Ross shall be authorized to act on the City's behalf with respect to the Work as the
City's designated representative.
PG. 11
^"
4 - City or Milton
VI. TERMINATION
FOR CONVENIENCE
A. The City shall have the right to terminate this Agreement for convenience 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.
FOR DEFAULT
E. The City may, subject to the provisions of subparagraph (G) below, by written notice of default
to the Consultant, terminate the whole or any part of this Agreement in any one of the following circumstances:
(i) if the Consultant fails to perform this Agreement within the time specified herein or any extension thereof, or
(ii) if the Consultant fails to perform any of the other provisions of this Agreement, or so fails to make progress
as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure
within a period of ten (10) days, or such longer period as the City may authorize in writing, after receipt of
notice from the City specifying such failure.
F. In the event the City terminates this Agreement in whole or in part as provided in subparagraph
(E) above, the City may procure, upon such terms and in such manner as the City may deem appropriate,
services similar to those so terminated, and the Consultant shall be liable to the City for any excess costs for the
same; provided, that the Consultant shall continue the performance of this Agreement to the extent not
PG. 12
l� §?j City & Millon
�. s
terminated hereunder.
G. Except with respect to defaults of subcontractors, the Consultant shall not be liable for any
excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the
fault or negligence of the Consultant Such causes may include, but are not limited to, acts of God, or of the
public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to
perform must be beyond the control and without the fault or negligence of the Consultant
If the failure to perform is caused by the default of a subcontractor, and if such default arises out of
causes beyond the control of both the Consultant and the subcontractor, and without the fault or negligence of
either of them, the Consultant shall not be liable for any excess costs for failure to perform, unless the services
to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the
Consultant to meet the required delivery schedule. The term "subcontractor" shall mean a subcontractor at any
tier.
H. If, after notice of termination of this Agreement under the provisions of paragraph (E) above, it is
determined for any reason that the Consultant was not in default under the provisions above, or that the default
was excusable under the provisions of this Agreement, the rights and obligations of the parties shall be the same
as if the notice of termination had been issued pursuant to the "Termination for Convenience" provisions of this
Agreement.
I. The rights and remedies of the City provided above shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Agreement.
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
PG. 13
wCity of Milton
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.
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, if appropriate, 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.
PG. 14
•''�„ ��,. City of Milton
XIII. NOTICES
A. Communications Relatina to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged between
Michele McIntosh -Ross for the City and Dennis J. Madsen 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:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107f
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Robert J. Begle
Vice President
Urban Collage, Inc.
121 Luckie Street, Suite #200
Atlanta, GA 30303
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.
PG. 15
^""� < City of Milton
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
Cy City of Milton
0
Approved as to form:
City Attorney
CON
J.-Be2le,&Viee-President
Attest: 0 V 0
Robert J. BewVle, Secretary
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
4F-' ' •.
Notary Public
;S 0'•.•'�usy�, i
[NOTARY SEAL] �i
� •irr N'r �
My Commission Expires:
CITY OF MILTON
By:
Its:
[CITY SEAL]
PG. 17
C.�q Cityot Milton
wa'
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
PG. 18
gCity of Milton
1•
Exhibit A
•lub
FY11 Hwy 9 -Hwy
400 Small Area Maste
Pre bid sign in
sheet_5_24_1l.pdf
Addendum #1. pdf
PG. 19
"' t, Gty of Millon
CITY OF MILTON
'QCity of Milton REQUEST FOR PROPOSAL
�15 (THIS IS NOT AN ORDER)
RFP Number:
RFP Title.
11-CD01
FY11 Hwy 9 -Hwy 400 Small Area Master Plan
RFP Due Date and Time:
City of Milton
June 7t", 2011 @ 2:00pm local time
13000 Deerfield Pkwy, Suite 107G
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Issue Date:
Rick Pearce
MaV 9th , 2011
City of Milton
Phone: 678-242-2500
13000 Deerfield Pkwy, Suite 107G
Fax: 678-242-2499
Milton, Ga. 30004
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
City of Milton
Bid Number: 11-CD01
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Special Instructions:
Mandatory Pre -Bid meeting 10:00am
May 24"', 2011 Milton Courthouse
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
(Please print name and sign in ink)
Offeror Phone Number:
Offeror FAX Number:
Offeror Federal I.D. Number:
Offeror E-mail Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
TABLE OF CONTENTS
Offeror's RFP Checklist................................................................................................
DisclosureForm............................................................................................................
Proposalletter...............................................................................................................
Scheduleof Events.......................................................................................................
Section 1: Project Overview and Instructions...........................................................
Section 2: RFP Standard Information.........................................................................
Section 3: Scope of Project.........................................................................................
Section 4: Offeror Qualifications................................................................................
Section5: Cost Proposal.............................................................................................
Section 6: Evaluation Criteria.....................................................................................
Section 7: Standard Contract Information.................................................................
Appendix A: Standard Contract.................................................................................
Appendix B: Submittal Requirements Summary.......................................................
2
OFFEROR'S RFP CHECKLIST
Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal;
funding amount and source; contract requirements (i.e., contract performance security,
insurance requirements, performance and/or reporting requirements, etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail
address. This is the only person you are allowed to communicate with regarding the
RFP and is an excellent source of information for any questions you may have.
3. Attend the pre -proposal conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to
notify the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the
answers given in the formal "addenda" issued for the RFP. All addenda issued for an
RFP are posted on the City's website and will include all questions asked and answered
concerning the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -
by -point responses to all sections in a clear and concise manner.
6. Provide complete answers/descriptions. Read and answer all questions and
requirements. Don't assume the City or evaluation committee will know what your
company capabilities are or what items/services you can provide, even if you have
previously contracted with the City. The proposals are evaluated based solely on the
information and materials provided in your response.
7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. Check the City website for RFP addenda. Before submitting your response, check the
City website at http://www.cityofmiltonga.us/ and
http://ssl.doas.state.aa.us/PRSapp/PR index.jsp to see whether any addenda were
issued for the RFP. If so, you must submit a signed cover sheet for each addendum
issued along with your RFP response.
9. Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be
used to score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late
proposal responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror's Response.
3
City of Milton
x
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH BID
This form is for disclosure of campaign contributions and family member relations with City of Milton
officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror
Name and the official position of the Milton Official to whom the campaign contribution was made (Please use
a separate form for each official to whom a contribution has been made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over the past two (2) years
by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 12 months) by the City of
Milton and your relation:
C!
�..... City of Milton
City of Milton
RFP# 11-CD01
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 FY11 Hwy 9 -Hwy 400 Small Area Master Plan.
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
Print/Type Name
Print/Type Company Name H
5
Date
SCHEDULE OF EVENTS
EVENT DATE
RFP Issue Date........................................................................................May 9 d, 2011
Pre -Bid Mandatory Meeting................................................................. May 24th, 2011
Posting of Written Official Answers by City to Websites.................May 26th, 2011
(The City will determine if a second addendum is required at this time)
RFP Response Due Date (2:00pm local time) ...................................... June 7st, 2011
(Technical and Cost Proposals due)
Estimated Date for Oral Presentations ...............................................June 20th, 2011
Estimated Date for RFP Award........................................................... June 27th, 2011
NOTE: PLEASE CHECK THE WEBSITES (www.cityofmiltonga.us and
http://Ssi.doas.state.ga.usIPRSapp/PR index.isp) for ADDENDA AND SCHEDULE UPDATES.
6
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
Incorporated December 1, 2006, the City of Milton is committed to maintaining a unique quality of life for its
constituents, while efficiently delivering essential services to residents and businesses in a community -
interactive environment. Milton is a distinctive community embracing small-town life and heritage, while
preserving and enhancing our rural character.
Recently, the City of Milton was awarded a Livable Centers Initiative Grant from the Atlanta Regional
Commission and the Georgia DOT. This LCI grant allows the city to solicit consultant services in preparing a
small area master plan for rapidly developing corridors and character areas. The Hwy 9 area was identified in
the latest Comprehensive Plan Draft as an area in need of further study for land use, transportation patterns
and future development/redevelopment options. Additionally, it is recommended as a potential receiving area
for transfer of development rights upon completion of a master plan. The LCI study should include
consideration of these recommendations and provide a framework for future transportation grant proposals.
The City of Milton, (hereinafter referred to as "the City") invites you to submit a proposal for the FY11 Hwy 9 -
Hwy 400 Small Area Master Plan. A more complete description of the services sought for this project is
provided in Section 3, Scope of Project. Proposals submitted in response to this solicitation must comply with
the instructions and procedures contained herein.
A contract with the winnina Offeror is continaent uaon GDOT aooroval.
Offerors must have relevant LCI experience
The City of Milton is an equal opportunity employer and does not discriminate on the basis of race, color,
creed, national origin or against faith -based organizations. Minority Business Enterprise (MBE), Women
Business Enterprise (WBE), Other Business Enterprise (OBE), and Disadvantaged Business Enterprise (DBE)
firms are encouraged to submit proposals.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposal (RFP) is issued until an offeror is selected and the selection is
announced by the procurement office, offerors are not allowed to communicate with any City staff or
elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized
contact may disqualify the offeror from further consideration. Contact information for the single point of contact
is as follows:
Procurement Office: Rick Pearce
Address: 1300 Deerfield Parkway, Milton, GA 30004
Telephone Number: 678-242-2511
Fax Number: 678-242-2499
E-mail Address: rick.pearce@cityofmiltonga.us
7
1.2 REQUIRED REVIEW
1.2.1 Review RFP. Offerors should carefully review the instructions; mandatory requirements,
specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the
procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications,
or error which they discover upon examination of this RFP.
1.2.2 Form of Questions. Please hold all questions until the mandatory pre-bid meeting.
Offerors with questions or requiring clarification or interpretation may ask questions during the pre-bid meeting.
The City will give "informal" answers at the meeting.
1.2.3 City's Answers. The City will provide an official written answer to questions on or about May
26th, 2011. The City's response will be by formal written addendum. Any other form of interpretation,
correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at http://www.cityofmiltoncia.us/ and
http://ssl.doas.state.aa.us/PRSapp/PR index.isp. Offerors must sign and return any addendum with their
RFP response.
1.2.4 Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the
City's standard contract. Much of the language included in the standard contract reflects requirements of state
law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the
procurement office with the offeror's RFP response and must be accompanied by an explanation of why the
exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or
perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for
exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important
exceptions requested and granted to the standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a
response to this RFP.
1.2.5 Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of
all mandatory requirements. The City will determine whether an offeror's RFP response complies with the
intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP
may be subject to point reductions during the evaluation process or may be deemed non-responsive.
1.3 PRE -PROPOSAL CONFERENCE
Mandatory Pre -Bid meeting 10:00am May 24th, 2011 Milton Courthouse
City of Milton
13000 Deerfield Pkwy
Suite 107E
Milton, Ga. 30004
Offerors must attend the Pre -Bid meeting.
1.4 SUBMITTING A PROPOSAL
1.4.1 Organization of Proposal.
Two, separate proposals shall be prepared by interested firms: a "technical proposal," and a "cost proposal".
(See section 5 for cost proposal)" One (1) original and four (4) copies of each proposal should be provided to
the City before the requested due date. Please also provide a CD of each proposal. Both proposals must be
sealed.
TECHNICAL PROPOSAL FORMAT:
One (1) original, four (4) copies, and a CD of the proposal should be provided to the City before the requested
due date. Minimum of 11 point font is required. The proposal should be stapled or spiral -bound. No binders.
The maximum length for A -D below is twenty (20) single sided pages (ten pages if double -sided).
Technical Proposal shall include the following:
--City of Milton Request for Proposal Cover page (First page of this document/must be signed)
--City of Milton Disclosure form
--Proposal letter
A) Letter of Introduction
Briefly describe the firm as well as a summary of your understanding of the scope of services and
overall approach. Include in your letter any additional resources being made available to provide
excellent service to the city. Suggest any specific additions, or alternatives to activities described in the
scope of services. The letter should be signed by an officer of the respondent's firm authorized to bind
the firm to all commitments made in the proposal.
B) Experience and qualifications
1. Identify team members and include a complete listing of all names, phone numbers, and email
addresses for everyone listed, including an organizational chart.
2. Describe relevant experience and qualifications of key individuals that may be involved in providing
or developing such services including relevant certifications. Provide resumes for all principals and
for proposed key personnel. At least one AICP planner and Professional Engineer must be included
as key personnel in the proposal.
3. Describe ability and methodology to perform the Scope of Services efficiently and in accordance
with the requirements of City, State and Federal regulations. Provide a proposed schedule including
milestones and key dates of completion. Milestones and key dates will be reviewed with the City
Project Manager during the course of the project.
4. Describe past performance in completing projects of similar type, size, scope and complexity.
Previous LCI experience must be described in detail, including the personnel conducting that
portion of work and their position on the team.
C) References
List all relevant experience during the last five years and a representative from each location that the
City may contact. The list of references should specify whether it is a current or past client. List all LCI
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references separately and be specific on the work performed and by whom in your organization.
Offerors must have relevant LCI experience.
D) Customer satisfaction and citizen interaction
1. Provide a description of your approach to dispute resolution.
2. Describe how personnel have demonstrated an ability to work under the direction of a City staff.
3. Provide a description of materials and methods used to prepare for and conduct public meetings
COST PROPOSAL FORMAT
See section 5
1.4.2 Failure to Comply with Instructions. Offerors failing to comply with RFP instructions may be
subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may
disqualify from further consideration any proposals that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
1.4.3 Copies Required and Deadline for Receipt of Proposals. Two, separate proposals shall be
prepared by interested firms: a "technical proposal," and a "cost proposal."One original and four (4) copies of
each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior
to 2:00 M, local time, June 7`h, 2011. Facsimile or emailed responses to requests for proposals are not
acceptable. At approximately 2:05PM in the Courthouse, each bidder's name will be announced.
1.4.4 Late Proposals. Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery
to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened
and may be returned to the offeror at the expense of the offeror or destroyed if requested.
1.5 OFFEROR'S CERTIFICATION
1.5.1 Understanding of Specifications and Requirements. By submitting a response to this RFP,
offeror agrees to an understanding of and compliance with the specifications and requirements described in
this RFP.
1.5.2 Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the
offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of
Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal.
1.6 COST OF PREPARING A PROPOSAL
1.6.1 City Not Responsible for Preparation Costs. The costs for developing and delivering
responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely
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the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation
and presentation of their proposal.
1.6.2 All Timely Submitted Materials Become City Property. All materials submitted in response to
this RFP become the property of the City of Milton and are to be appended to any formal documentation, which
would further define or expand any contractual relationship between the City and offeror resulting from this
RFP process.
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SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing
the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation
criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION/ MULTIPLE VENDORS
The City encourages free and open competition among offerors. Whenever possible, the City will design
specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to
satisfy the City's need to procure technically sound, cost-effective services and supplies. Multiple vendors may
form a team to submit a joint proposal. All firms and individuals involved in each team must be identified in the
proposal. A single individual and firm must be designated as having overall responsibility for services. The
lead individual and firm will serve as the City's primary contact and will be responsible for ensuring agreed
upon timelines and work requirements are met.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
2.2.1 Public Information. All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for public viewing and copying after the time
for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1)
bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company
financial information requested by the City of Milton to determine vendor responsibility, unless prior written
consent has been given by the offeror; and (4) other constitutional protections.
2.2.2 Procurement Officer Review of Proposals. Upon opening the proposals received in response
to this RFP, the procurement office will review the proposals and separate out any information that meets the
referenced exceptions in Section 2.2.1 above, providing the following conditions have been met:
• Confidential information is clearly marked and separated from the rest of the proposal.
• The proposal does not contain confidential material in the cost or price section.
• An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim
is attached to each proposal containing trade secrets.
Information separated out under this process will be available for review only by the procurement office, the
evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs
and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records)
request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
2.3.1 Initial Classification of Proposals as Responsive or Nonresponsive. All proposals will
initially be classified as either "responsive" or "nonresponsive". Proposals may be found nonresponsive any
time during the evaluation process or contract negotiation if any of the required information is not provided; the
submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the
proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to
be nonresponsive, it will not be considered further.
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2.3.2 Determination of Responsibility. The procurement office will determine whether an offeror
has met the standards of responsibility. Such a determination may be made at any time during the evaluation
process and through contract negotiation if information surfaces that would result in a determination of
nonresponsive
2.3.3 Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek
discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive
proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may
consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP
responses in terms of differing price, quality, and contractual factors. These scores will be used to determine
the most advantageous offering to the City.
2.3.4 Completeness of Proposals. Selection and award will be based on the offeror's proposal and
other items outlined in this RFP. Submitted responses may not include references to information located
elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials
presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final
offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror
being disqualified from further consideration.
2.3.5 Achieve Passing Score. N/A
2.3.6 _Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration.
After receipt of all proposals and prior to the determination of the award, the City will initiate discussions with
one or more offerors should clarification or negotiation be necessary. After review of the technical proposals
by the City, Selected offerors will be required to make an oral presentation. Oral presentations shall be at
the offeror's expense.
2.3.7 Best and Final Offer. The "Best and Final Offer" is an option available to the City under the
RFP process which permits the City to request a "best and final offer" from one or more offerors if additional
information is required to make a final decision. Offerors may be contacted asking that they submit their "best
and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the
right to request a "best and final offer" for this RFP, if any, based on price/cost alone.
2.3.8 Evaluation Committee Recommendation for Contract Award. The evaluation committee will
provide a written recommendation for contract award.
2.3.9 Request for Documents Notice. Upon concurrence with the evaluation committee's
recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to
the highest scoring offeror to obtain the required insurance documents, contract performance security, and any
other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and
no work may begin until a contract signed by all parties is in place.
2.3.10 Contract Negotiation. The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest
score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the
highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to
negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest
scoring offeror.
2.3.11 Contract Award. Contract award, if any, will be made to the highest scoring offeror who
provides all required documents and successfully completes contract negotiation.
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2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way
constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such
actions would be in its best interest, the City, in its sole discretion, reserves the right to:
• cancel or terminate this RFP;
• reject any or all proposals received in response to this RFP;
• waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have
significant impact on any proposal;
• not award if it is in the best interest of the City not to proceed with contract execution; or
• If awarded, terminate any contract if the City determines adequate funds are not available.
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SECTION 3: SCOPE OF PROJECT
General: The work to be accomplished is in support of the following project: Livable Centers Initiative, City of
Milton Highway 9 Activity Center.
The LCI will be the driving force to help establish the vision for this area as well as determine the most
appropriate land use and zoning changes that will guide incoming development. The resulting effect is
anticipated to formulate strategies to develop urban scale, walkable mixed-use nodes along the corridor with
multi -modal transportation options that establish efficient linkages not only within the study area but with other
development projects in neighboring jurisdictions (City of Alpharetta and Forsyth County). The scope of work
for this study will address these and other community issues in the context of a livable community, improved
vehicular flow, and increased efficiency of infrastructure.
Area covered: All necessary services provided in this contract will support the study of LCI related programs
and projects within the Highway 9 Activity Center area of the City of Milton and Alpharetta (see Study Area
Map).
Goals of the study include the following:
The Atlanta Metropolitan Transportation Planning Area is included in a non -attainment area for ozone under
the Clean Air Act Amendments of 1990. Because of this designation, the region must look toward better
development practices that support increased use of transportation modes other than single occupant vehicle
(SOV) to help reduce emissions and meet air quality requirements. The LCI Program seeks to increase the use
of alternatives to driving alone by developing transportation projects and other programs to improve
accessibility, expand mixed -uses, utilize transit and support further development in the study area. Evaluation
of the existing structure and development of likely scenarios should produce recommendations for further
investment that support ARC's Livable Centers Initiative Program.
The Study produced by the consultant will address the following:
• Redevelopment and best practices for a variety of housing for different densities, incomes and ages
keeping Life Long Communities (LLC) and ADA accessibility in the forefront
• Redevelopment focused on the regional obligation to accommodate growth in population and
employment
• How to limit future congestion on Hwy 9, Windward Parkway and GA 400
• Consider the acquisition of new rights of way to increase the connectivity of the street network
• How to improve pedestrian and bicycle safety and access
• Design principles for transportation, housing, business, and streetscapes
• Advance the vision of the Milton Trail Plan and make connections with Alpharetta's and Forsyth's
multipurpose trail as a seamless trail system
• Evaluate the study area as a potential TDR receiving area as recommended in Milton's 2030
Comprehensive Plan: Community Agenda
• Recommend the changes to land use, zoning, and development regulation that would lead to:
enhanced pedestrian connectivity to existing and future development along Hwy 9 and adjacent to it, in
particular the Windward and Deerfield area, and along Cogburn Road; as well as throughout the
connections along Webb and Morris Roads and Bethany Bend
• Increased connectivity of the street network
• Identify a unified and coordinated development pattern
• Provide opportunity for residents, business and property owners to participate in the planning of the
study area and new potential activity areas.
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TASK 1 — PUBLIC INVOLVEMENT
The Consultant will develop a local planning outreach process that promotes the involvement of all
stakeholders in the study area, with efforts and accommodations made to include low to moderate income,
minority, elderly, and disabled citizens. The City of Milton will provide stakeholders and facilities to host their
involvement in the process. Consultant will conduct the meetings and charrette process including taking
meeting notices, producing meeting summaries and other written communications. Responses and
acknowledgement of public comments will be addressed in the study reports.
TEAMS
1. Project Management Team: City of Milton staff, Consultant and ARC shall meet monthly to discuss
the study progress.
2. Core Team (Stakeholders): A core team shall be established that includes the members of the Project
Management Team along with the representatives from key stakeholder groups in the study area. The
Core Team will include representatives from relevant state, regional and local government departments
responsible for land use planning, transportation and housing (including applicable housing
authorities/agencies). Representatives from non-profit organizations that provide services in the study
area will also be included on the Core Team. This team shall, at a minimum, meet prior to each of
the general public meetings described below to adequately prepare for the upcoming public
meeting. The consultant will be the lead for this team. The key responsibility of the Core Team is to
review and comment on materials to be presented at public meetings, help advertise meetings, and
distribute information to the larger community.
The Hwy 9 LCI planning process will be guided by stakeholders representing a variety of interests,
backgrounds and viewpoints. A list of stakeholders is detailed below. Representatives from Fulton County, the
State of Georgia, other local governments and agencies as well as Hwy 9 residents, property owners and
business owners, will participate in community meetings, visioning/charrettes, focus group
meetings/stakeholder interviews and public hearings.
The consultant will use a variety of methods to inform the general public of the planning process and how to
participate. Examples include: issuing press releases, representing public service announcements, producing
and distributing posters, flyers, and postcards, notification via mail and email, and providing notices to public
schools, public officials, boards and committees.
Stakeholders:
City of Milton
• Council Member District 5 & 6 — Joe Longoria & Alan Tart
• Departments: Community Development and Public Works
• Planning Commission (PC)
• Milton Disability Awareness Committee (MDAC)
• Milton Grows Green (MGG)
City of Alpharetta
• Community Development
State of Georgia
• District 38 Representative, Georgia State Assembly
• Georgia Department of Transportation (GDOT)
Other Local Governments and Agencies
• Atlanta Regional Commission
• MARTA
• Fulton County
• Forsyth County
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• North Fulton Chamber of Commerce and Community Improvement District (CID)
• Fulton County Board of Education
Study Area Residents, Property Owners and Businesses include but not limited to:
• Representative — Bethany Area Residents' Association
• Adam Orkin — Orkin and Associates
• Ken Morten — Commercial Property Owner
• Greer Scoggins — Sembler Company
• John Robins — Hines
• Bob Voyles — Seven Oaks and Deerfield Association
• John McMillan — Northward Real Estate
• Home Owners Associations
• Commuters and those employed in the study area
MEETINGS
1. General Public Meetings: A minimum of ten (10) evening and/or weekend General Public Meetings
shall be conducted by the consultant. More meetings may be necessary per request of the City of
Milton (see note below). The public involvement process shall include a variety of methods, times, and
techniques to reach the broadest range of stakeholders possible (i.e. standard public meetings,
charrettes, surveys, open house, etc). The public forum meetings shall discuss the following topics:
a. Kick-off meeting — to announce the beginning of the study process, the goals of the study, key
dates, and opportunities for public input.
b. Data gathering meetings (minimum 3 meetings) — mini-charrettes to collect information, data and
opinions from the public on pertinent topics. These meetings can also be used to review preliminary
findings and general directions.
c. Presentation of Draft meetings (minimum 3 meetings) — A draft plan shall be presented to the public
for review and comment prior to developing the final draft study. These meetings should focus on
explanation of the study recommendations and action plans, and encourage public comments and
edits.
d. Presentation of Final Draft Plan meetings (minimum 3 meetings) — The final draft plan shall
incorporate the pertinent comments and edits gathered from the presentation of the draft meetings,
and be presented to the public for review and comment prior to finalizing the study. These meetings
should focus on a review of the study recommendations and action plans, and highlight the recent
changes.
2. Transportation Coordinating Meeting: A transportation project coordinating meeting is required to be
conducted by the consultant prior to finalizing the LCI recommendations (e.g. GDOT, GRTA, Milton
Public Works, Alpharetta Transportation Department). To ensure the projects are feasible, a
coordination meeting will be held between the City of Milton, City of Alpharetta, ARC, and other affected
organizations to discuss potential projects prior to the transportation improvement list being finalized.
Note: Public forum meetings will be required in an amount necessary to gain approval for
the study.
TASK 2 — DEVELOP THE STUDY
The consultant will assess the subject area's current land use patterns, transportation patterns and urban
design elements, including Lifelong Communities principles such as pedestrian and transit access; access to
retail and neighborhood services; diversity of dwelling types; and design for healthy living and social
interaction. This analysis should be coordinated with other completed studies, programs and organizations
(such as TMAs, CID, the TIP and RTP). At a minimum, this study will address the following information:
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1. Efficiency/feasibility of land uses and mix approximate for future growth including new and/or revised
land use regulations needed to complete the development program.
2. Transportation demand reduction measures
3. Internal mobility requirements — traffic calming, pedestrian circulation, transit circulation, bicycle
circulation, safety and security of all modes.
4. Mixed -income housing, job/housing match and social issues
5. Continuity of local streets in study area and development of a network of minor roads
6. Need/identification of future transit circulation systems
7. Connectivity of transportation system to other centers
8. Community organization, management, promotion, and economic restructuring to ensure
implementation
9. Stakeholder participation and support
10. Public and private investment policy
11. Research, DATA Collection and Analysis
a. Research, data collection and analysis shall be conducted in the study area and its level of service,
specifically targeting problem areas along the corridors
b. The analysis of the corridor shall include at a minimum roadway facilities, bike and pedestrian
facilities, and potential for public transportation
c. When implemented the recommendations of the study will result in overall reductions in SOV
(single occupant vehicle) trip and improved mobility in general in the study area
d. Adequate data shall be collected to allow a thorough assessment that identifies and addresses
potential issues and solutions. Data collected may include (and is not limited to) location, facility
type, conditions, accident data, average daily travel volumes, and TIP/RTP programs and projects.
e. Regional Development Plan (RDP) policies and Regional Transportation Plan (RTP) goals will be
assessed and applied to the recommendations and their implementation strategies.
12. Assessment of Current and Future Needs
a. Transportation facility will be assessed to determine if current levels of service are adequate to
meet community needs.
b. Future needs will be determined based on the capacity of existing facilities and services to meet
forecast demands, or if improvements are needed to accommodate growth and protect natural and
cultural resources.
c. The needs assessment will assess forecasted population and employment growth.
d. The analysis will address the need for expanded transportation facilities during the planning period
that will preserve the existing system, provide a safe and efficient transportation network, and
enhance mobility.
e. Steps to eliminate or shorten trips through demand management, land use policy, and access
management must also be considered.
TASK 3 — PREPARE PROJECT DELIVERABLES
The consultant will produce a study document and a summary document. The consultant will compile the
results of the overall work effort, the study process, relevant findings, and recommendations into a study and
summary document. Ten (10) printed copies of the each document shall be provided, along with an electronic
file (on CD) of the documents in its original format and in .pdf format, an Excel spreadsheet of the 5 -year action
plan (following ARC template), geographic files (per ARC specifications) for relevant maps, and a separate
digital file folder with supporting graphics contained in the report.
1. The LCI Study document will result in a plan specifically addressing the following areas:
a. Efficiency/feasibility of land uses and mix appropriate for the future growth including any new and/or
revised land use regulations needed to complete the development program
b. Transfer of Development Rights (TDR): credits/bonus and appropriate densities for the study area,
as a receiving zone
c. Redevelopment potential for vacant and/or dilapidated properties
d. Mixed -income housing, jobs/housing match and other social issues
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e. Housing for seniors consistent with the ARC Lifelong Communities format
f. Transportation demand reduction measures
g. Internal mobility requirements including additional traffic calming measures, pedestrian circulation,
bicycle circulation including safety and security of pedestrians
h. Continuity of local streets within the study area and development of a network of minor roads
i. Need/identification of any potential future transit needs
j. Connectivity of transportation system to other centers
k. Commercial center development, organization and management, promotion and economic
structuring
I. Stakeholder participation and support
m. Public and private investment policies
n. Creating efficiency in the transportation system through land use changes
o. Creating a readiness for transit and pedestrian activities
p. In addition to meeting the requirements outlined above all centers studies must also include the
following:
(1) Sidewalk inventory
(2) Access Management Plan
(3) Analysis of supporting land use changes and impacts to transportation facilities capacity
(4) Proposed typical corridor right-of-way (ROW) cross-sections and concept plan
(5) Consideration of the impact on adjacent routes resulting from proposed changes to the primary
corridor
2. A summary document of the LCI Study will also be prepared at the end of the study must
contain the following, at a minimum:
a. A description of the study process and methodology, data gathering techniques and findings, and
general outcomes
b. A description of the public participation process used to achieve a community -supported program of
corridor improvements
c. A description demonstrating how the study addressed each of the required study deliverables
outlined above
d. Maps and other graphic depictions to support the plan including, but not limited to, existing land
use, future land use, existing transportation facilities, proposed transportation improvements and
typical cross-sections
e. A 5 -year schedule of actions that are planned in the study area to implement the study goals,
programs and projects. Schedules will include specific actions that implement the findings (including
any need for supplemental studies) from each of the 10 study components, which include but are
not limited to:
(1) A 5 -year prioritized description of transportation improvement projects and actions (including
any access management policies) that will support the study area goals
(2) Housing should be given specific and clear emphasis by developing a description of housing
strategies to complement existing projects under construction, particularly for affordable and
mixed income housing developments that support a job -housing match, aging in place and
efficient utilization of transportation options
(3) A description of the changes necessary within the comprehensive plan to support action and a
schedule for adopting such changes
f. In addition, a population and employment data section shall be included as part of the LCI Study
summary. This section will contain a comparison of development under current conditions and
development under the proposed LCI plan. The data in this section shall be, at a minimum, current
and 25 -year projection figures in five-year increments for the following areas:
(1) Housing Data
a) Number of existing housing units and population
b) Number of anticipated housing units and population
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c) Distribution of proposed housing units by type
(2) Employment Data
a) Number of existing jobs
b) Number of anticipated jobs
3. Recommendations
The Activity Center vision, goals and an associated implementation program will be developed
based on the results of the research, analysis and needs assessment. Recommendations will
include:
a. A financially unconstrained aspirations plan
b. Prioritization of projects by project type
c. Land use and redevelopment policy recommendations
d. Identification of potential funding sources
e. Identification of steps to implement the Activity Center Study such as future SPLOSTs, consensus
building activities, and policy change recommendations.
f. Project listings and maps will be developed, as appropriate
Recommendations shall be developed in a consultative environment involving the public and key
stakeholders and shall be included on both the study document and summary document.
Tentative Schedule for the Study
The schedule for the development and the completion of the project will start from estimated award notification
in June 2011 and run through March 2012 for approval and transmittal to ARC March 2012.
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SECTION 4: OFFEROR QUALIFICATIONS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine the ability of the offeror to provide
the supplies and/or perform the services specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the consulting services described in this RFP should be able to demonstrate
experience and staff expertise in these areas:
• Conduct of public meetings both formal and informal
• Experience with the LCI process and procedures for approval through the regulating agency
• Experience in the preparation of Master Plans and detailed small area plans
• Ability to work through several agencies across disciplines, including planning, engineering,
transportation planning & management at the local, regional and state levels.
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SECTION 5: COST PROPOSAL
'of City of Milton
MUST BE RETURNED WITH BID
One (1) original and four (4) copies of the "cost proposal' shall be submitted in a separately sealed envelope
before the required deadline. The Offerors cost proposal shall be a fixed price/ lump sum amount and
signed by and authorized agent of the company, please include a rate schedule if additional work is
requested that is associated with the RFP. This is for informational purposes and is not part of the evaluation.
There is no maximum page limit to section 5.0.
Print/Type Company Name Here:
Fixed Price offer for RFP 11-CD01 (FY11 Hwy 9 -Hwy 400 Small Area Master Plan)
Proposed rate per hour schedule if additional work is requested associated with the RFP.
(Not part of the evaluation)
Authorized Signature Date
Print/Type Name
Print/Type Company Name
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SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the offers according to the following criteria:
• A selection team for the City will initially evaluate and score all technical proposals received.
• Proposals not meeting the minimum technical requirements and those who are non-responsive will not
be considered.
• A short list of proposers will be developed based upon the highest scores on the technical evaluation.
Those short-listed will be asked to give an oral presentation to the selection team. Content of the
presentation will be determined after the evaluation of the technical proposals.
• Cost Proposals will be opened after the oral presentations and will be evaluated against all proposals
submitted.
Proposal Evaluation Criteria
Initial evaluation (Technical Proposal)
• Project Approach: 30%
-Creativity and innovation in addressing the scope provided
-Customer Satisfaction/Citizen Interaction
• Qualifications and experience 30%
- Firm/Team Experience Qualifications
- Assigned Staff Experience and Qualifications
- References
Final Evaluation
• Presentation 20%
• Cost (Section 5.0) 20%
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SECTION 7: STANDARD CONTRACT INFORMATION
7.1 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any
terms within the standard contract that either preclude them from responding to the RFP or add unnecessary
cost. This notification must be made with the offeror's RFP response. Any requests for material, substantive,
important exceptions to the standard contract will be addressed in any formal written addendum issued by the
procurement officer in charge of the solicitation. The City reserves the right to change the contract, address
any non -material, minor, insubstantial exceptions to the contract with the highest scoring offeror at the time of
contract negotiation.
7.2 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any
clarification question responses, and any negotiations shall be included in any resulting contract. The City's
standard contract, attached as Appendix A, contains the contract terms and conditions which will form the
basis of any contract negotiated between the City and the highest scoring offeror. The contract language
contained in Appendix A does not define the total extent of the contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along
with any attachments prepared by the City, will govern in the same order of precedence as listed in the
contract.
7.5 SUBCONTRACTORS
The highest scoring offeror will be the prime contractor if a contract is awarded and shall be responsible, in
total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City
reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts
and omissions of all subcontractors or agents and of persons directly or indirectly employed by such
subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further,
nothing contained within this document or any contract documents created as a result of any contract awards
derived from this RFP shall create any contractual relationships between any subcontractor and the City.
7.6 GENERAL INSURANCE REQUIREMENTS
See contract in Appendix A.
7.7 COMPLIANCE WITH WORKERS' COMPENSATION ACT
The winning offeror is required to supply the City of Milton with proof of compliance with the Workers'
Compensation Act while performing work for the City. Neither the offeror nor its employees are employees of
the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the
Request for Documents Notice and must be kept current for the entire term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED
DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
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7.8 COMPLIANCE WITH LAWS
The winning offeror must, in performance of work under this contract, fully comply with all applicable federal,
state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of
1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The offeror
agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications
and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental disability, or national origin by the persons performing the contract.
7.11 CONTRACT TERMINATION
See Contract in Appendix A.
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APPENDIX A: STANDARD CONTRACT
City of Milton
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is effective as of this day of , 2011, 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 XXXXX. 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 FY11 Hwy 9 -Hwy 400 Small Area Master Plan #11-CD01 (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. Proiect Description
FY11 Hwy 9 -Hwy 400 Small Area Master Plan #11-CD01
B. The Work
The Work to be completed under this Agreement (the "Work") consists of Exhibit A and the
Consultants response (Exhibit B). 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. Consultant is
aware that the Work involves Federal grant funds. Consultant warrants that it has reviewed and is
familiar with all rules and regulations related to such Federal grant funds, and Consultant agrees that
it shall comply, and shall ensure that all of its subcontractors comply, with all such rules and
regulations. This obligation of Consultant includes, but is not limited to, compliance with all applicable
standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738,
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Environmental Protection Agency regulations (40 CFR Part 15), and mandatory standards and
policies relating to energy efficiency that are contained in Georgia's energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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 sixty days
(60) from execution of contract.
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 basis, and such invoices shall reflect charges incurred versus 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 $XXXXX, except as outlined in
Section II(C) above. 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 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
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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 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 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
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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.
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 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.
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(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.
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:
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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:
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 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.
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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'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, all records shall be retained for three years
after final payment and closing of all other pending matters or until any 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 appropriate, the City, the
Federal Highway Administration, the Comptroller General of the United States, or any of
their duly authorized representatives shall have access to any books, documents,
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papers, and records of Consultant that are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcripts of same.
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 (IBCA),
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 "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
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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. Authoritv 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.
S. Federal Funding Requirements
City shall have available all administrative, contractual, and legal remedies in any
instance where Consultant violates or breaches the terms of this Agreement, and Consultant
shall be liable for any applicable and appropriate sanctions and penalties for same. Consultant
must comply with all applicable Georgia Department of Transportation and Atlanta Regional
Commission reporting requirements and regulations. Consultant must comply with all
applicable Georgia Department of Transportation and Atlanta Regional Commission
requirements and regulations pertaining to copyrights and rights in data, and to patent rights
with respect to any discovery or invention which arises or is developed in the course of or
under this Agreement.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Consultant and all necessary equipment to the
City of Milton, in order for Consultant to complete the Work.
B. City's Representative
Michele McIntosh -Ross shall be authorized to act on the City's behalf with respect to the Work
as the City's designated representative.
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VI. TERMINATION
FOR CONVENIENCE
A. The City shall have the right to terminate this Agreement for convenience 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.
FOR DEFAULT
E. The City may, subject to the provisions of subparagraph (G) below, by written notice of
default to the Consultant, terminate the whole or any part of this Agreement in any one of the
following circumstances: (i) if the Consultant fails to perform this Agreement within the time specified
herein or any extension thereof; or (ii) if the Consultant fails to perform any of the other provisions of
this Agreement, or so fails to make progress as to endanger performance of this Agreement in
accordance with its terms, and does not cure such failure within a period of ten (10) days, or such
longer period as the City may authorize in writing, after receipt of notice from the City specifying such
failure.
F. In the event the City terminates this Agreement in whole or in part as provided in
subparagraph (E) above, the City may procure, upon such terms and in such manner as the City may
deem appropriate, services similar to those so terminated, and the Consultant shall be liable to the
City for any excess costs for the same; provided, that the Consultant shall continue the performance
of this Agreement to the extent not terminated hereunder.
G. Except with respect to defaults of subcontractors, the Consultant shall not be liable for
any excess costs if the failure to perform this Agreement arises out of causes beyond the control and
without the fault or negligence of the Consultant Such causes may include, but are not limited to,
acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather, but in every case the failure to perform must be beyond the control and without the
fault or negligence of the Consultant
If the failure to perform is caused by the default of a subcontractor, and if such default arises
out of causes beyond the control of both the Consultant and the subcontractor, and without the fault
or negligence of either of them, the Consultant shall not be liable for any excess costs for failure to
37
perform, unless the services to be furnished by the subcontractor were obtainable from other sources
in sufficient time to permit the Consultant to meet the required delivery schedule. The term
"subcontractor" shall mean a subcontractor at any tier.
H. If, after notice of termination of this Agreement under the provisions of paragraph (E)
above, it is determined for any reason that the Consultant was not in default under the provisions
above, or that the default was excusable under the provisions of this Agreement, the rights and
obligations of the parties shall be the same as if the notice of termination had been issued pursuant to
the "Termination for Convenience" provisions of this Agreement.
I. The rights and remedies of the City provided above shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
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.
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, if appropriate,
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 Michele McIntosh -Ross 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 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:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107f
Milton, Georgia 30004
39
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]
.o
Approved as to form:
City Attorney
CONSULTANT:
Attest:
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
CITY OF MILTON
By:
Its:
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
[CITY SEAL]
41
Exhibit A
«a
Exhibit B
43
Exhibit C
Exhibit D
45
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
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
XXXXXX
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 , 201_
Notary Public
My Commission Expires:
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "F"
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
[INSERT 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 , 201_
Notary Public
My Commission Expires:
47
APPENDIX B: SUBMITTAL REQUIREMENTS SUMMARY
Submittal Requirements: One (1) original four (4) copies of each Proposal (plus a CD).
Technical Proposal:
1. City of Milton Request for Proposal Cover page (First page of this document/must be signed)
2. City of Milton Disclosure form
3. Proposal letter
4. Technical submittal (see section 1.4.1 A -D)
5. Applicable Addenda Acknowledgement (if any)
Cost Proposal:
See section 5.0
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RECEIPT OF ADDENDUM #1
RFP 11-CD01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, GA 30004
Phone: 678-242-2511
Fax: 678-242-2499
Email: rick.nearce@citlofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced RFP.
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
CITY: STATE: ZIP:
PHONE:
EMAIL ADDRESS:
FAX:
Signature Date
ADDENDUM #1
RFP 11-CDO1
Questions from May 24, 2011 Pre -Bid meeting
and City of Milton official answers:
Date of Pre -Bid May 24, 2011
Begin Time: 10:06 AM
Facilitators: Lynn Tully, Community Development Director
Rick Pearce, Purchasing Coordinator
Scribe: Sudie Gordon, City Clerk
Brad Strader— LSL Planning, Inc.
Question: In the RFP, there is a lot of information on objectives. What is the staff's #1 objective or
issue to address and what is your impression of what the publics' #1 issue to address
would be?
Answer: Because this is an LCI grant funded project, we must address what the most important
objective is for the grant award as well. The most important objective for LCI purposes
is providing a plan that includes transportation improvements that can be identified for
TEA grants and other grant funding to implement the master plan fully. The LCI
requirements are lengthy so additional objectives have been included to meet their
priorities. From a staff perspective, one of the most important things we are looking at
is the inclusion of this as a potential receiving zone for Transfer of Development Rights.
From a citizen perspective, the priority can be characterized as maintaining their quality
of life and lifestyle in a denser environment. There will be a need for significant
education and consensus building regarding views on density and particularly options
for density that are attractive and aesthetically pleasing in the long term.
Scott Ball - Duany Plater-Zvberk & Company
Question: How far along are you in the TDR process and is the planning team going to be involved
in the legislative work on that?
Answer: We have included the concept of this area being included as a TDR receiving area in our
recent Comprehensive Plan to be approved June 6, 2011. It mentions that receiving
areas would be those areas that have both master plans and water and sewer
availability, so this LCI area would be included. We have not prepared the TDR
legislation or accompanying ordinances and resolutions. We don't expect that the
selected consultant would necessarily prepare the legislation, but that it would be part
of a follow-up project under separate contract. We simply want to set the stage
properly so that the citizens get what they expect and understand what is to be
accomplished in relation to TDR's and new densities in this area.
Question: So, the planning team would not be looking at the transfer area, just this as a receiving
area and would just be density and would not be modeling transportation impacts
across the entire area?
Answer: This project would only consider this area as a potential receiving area and
transportation modeling would be considered solely within the LCI approved area. ARC
also is a decision -maker in the requirements for transportation modeling for the LCI
grant and any modeling would need to satisfy their requirements as well.
Marsha Anderson Bomar — Stantec Consultine
Question: What do you see as the level of involvement and kind of involvement that the city
council will have?
Answer: The expectation from Council includes a lot of citizen participation. It is likely that they
will attend the citizen participation meetings as well as the presentations at Council
work sessions. They expect periodic updates to the plan and progress reports as well.
Once finalized they are very detail oriented and will look at the plan pretty thoroughly.
Question: Do they have any priorities that you think are different from or potentially conflict with
any of the other priorities that you mentioned?
Answer: Education may be necessary for the Council and the citizenry regarding the aesthetics of
higher density. They have confirmed that the use of TDR's is a growth management
route they wish to take. By drawing a very clear picture of what density can look like vs.
some of the traditional appearance of high density projects, I think they will accept it.
The City recently updated the design guidelines for Highway 9, not in relation to multi-
family, but focusing on commercial appearance. There is an opportunity for
implementation by updating the multi -family aesthetic requirements of the Hwy 9 area.
Bill de St. Aubin — Sizemore Group
Question: Does the entire corridor we are studying have water and sewer or just portions of it?
Answer: The area has access to water and sewer, and what does not is within the area agreed to
be served by Fulton County. The City of Milton is currently working on our delivery
services agreement with the county. The city has taken a position on what they have
agreed to regarding the sewer availability down to individual parcels. A map of the
approved area is included in this addendum.
Question: Is development activity positive or negative in the corridor? Is there any development
coming or is there high vacancy in the retail or the level of vacancy in the retail?
Answer: Commercially and specifically in strip retail centers, there is relatively high vacancy.
There is vacancy in office parks as well, although I don't know if that's a result of the
configuration of the parks or simply oversupply. Interestingly, the majority of the
vacancies are in newly built strip centers and office parks, and not turnover from
existing centers. There is very little redevelopment or infill in the corridor due to the
relative young age of the commercial buildings.
Eric Bosman —Urban Collage, Inc.
Question: I will ask about the ten, weekend and evening public meetings. Specifically, it outlines a
minimum of three meetings relating to the draft plan and three meetings related to the
final plan. Can you provide more information about your expectations specifically, of
those meetings?
Answer: When counting the meetings in preparation for the RFP, all public meetings were
included as part of the ten required. This includes the City Council Presentations,
Planning Commission Presentations, Transportation Coordinating Meeting and public
charrettes/data gathering.
End Time: 10:28 AM
Mediator Sewer Map:
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Exhibit B
FY11 Hwy 9 - Hwy
400 Small Area Plan 1
FY11 Hwy 9 - Hwy
400 Small Area Plan C
PG. 20
S City of Milton
Technical Proposal Submitted June 7 2011 by
Urban Collage, Inc.
Kimley-Horn and Associates, Inc.
RCLCO
CITY OF MILTON
city of Milton REQUEST FOR PROPOSAL
' (THIS IS NOT AN ORDER)
RFP Number:
RFP Title:
11-CD01
FY11 Hwy 9 -Hwy 400 Small Area Master Plan
RFP Due Date and Time:
City of Milton
June 7`", 2011 (c) 2:00pm local time
13000 Deerfield Pkwy, Suite 107G
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Issue Date:
Rick Pearce
MaV 9th , 2011
City of Milton
Phone: 678-242-2500
13000 Deerfield Pkwy, Suite 107G
Fax: 678-242-2499
Milton, Ga. 30004
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
City of Milton
Bid Number: 11-CD01
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Special Instructions:
Mandatory Pre -Bid meeting 10:00am
MaV 24", 2011 Milton Courthouse
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Urban Collage, Inc.
Authorized Offeror Signatory,_:
Robert J. Begle, Principal-'
121 Luckie Street NW, Suite 200;'
Atlanta, GA 30303
w.
(Please print name at6d sign in ink)
Offeror Phone Number:
Offeror FAX Number:',
404-586-0277
404-586-0079
Offeror Federal I.D. Number:
Offeror E-mail Address:
58-2282042
bbegle@urbancollage.com
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
I����ilCCiit��4/Si:I�:IIRi;i�L�' • ! 1 t1►[titii 7«^l�tTjT��>f� 7,7�t'
C
-City of Milton
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH BID
This form is for disclosure of campaign contributions and family member relations with City of Milton
officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror Urban Collage, Inc.
Name and the official position of the Milton Official to whom the campaign contribution was made (Please use
a separate form for each official to whom a contribution has been made in the past two (2) years.)
None
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
0 N/A
Please list any family member that is currently (or has been employed within the last 12 months) by the City of
Milton and your relation:
0 N/A
4
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
C
City of Milton
City of Milton
RFP# 11-CD01
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 FY11 Hwy 9 -Hwy 400 Small Area Master Plan.
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.
i
Authorized Signature Date June 7, 2011
Print/Type Name Robert J. Begl�
Print/Type Company Name Here Urban Collage, Inc.
FY11 HIGHWAY 9 1 HIGHWAY 400 SMALL AREA MASTER PLAN
A I LETTER OF INTRODUCTION
June 7, 2011
Mr. Rick Pearce
City of Milton
13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
RE: FYI Hwy 9 -Hwy 400 Small Area Master Plan
Dear Mr. Pearce:
On behalf of our team of talented professionals, we are pleased to present
our response to RFP 11-CD01. Our team represents a collection of the
most experienced and respected urban design, transportation, and market
analysis firms in the Atlanta region and the Southeastern United States.
The individuals leading our team have worked collaboratively over the last
10 years to facilitate community-based master plans and implementation
strategies to move those plans toward reality. Our efforts have enhanced
some of the Atlanta region's most dynamic places: Midtown Atlanta,
Suwanee, Brookhaven, Alpharetta's North Point Activity Center, East Decatur,
Dahlonega, and others. We also have first-hand experience in Milton as our
firms led the development of the City's Comprehensive Transportation Plan
and assisted in the development of the SR 9 Design Guidelines.
The team is led by Urban Collage, Inc., one of the Southeast's premier
planning and urban design firms with a specialization in community planning,
public engagement, and plan implementation. Our collaborators include
Kimley-Horn and Associates, Inc., a national transportation firm with significant
local knowledge and expertise and Robert Charles Lesser & Co., economic
real estate professionals who craft economic development and real estate
strategies for municipalities and development entities.
We understand the scope of this effort is to develop a community-based
master plan that will result in the enhancement of the Highway 9/GA 400
Activity Center as the City of Milton's primary commercial and mixed-use
center. Our qualifications and approach on the following pages outline our
vast experience conducting similar master plan efforts and our ability to
formulate design and implementation strategies that will maintain and enhance
the high quality of development and standard of living in Milton while fostering
walkability, mitigating transportation challenges, and creating a stronger sense
of place.
We believe this team not only provides the creativity, experience, and
leadership necessary, but is particularly qualified to assist the City and its
citizens with our collective resources including:
• We have extensive experience working with communities throughout
the Southeast to develop unique solutions to preserve, enhance and
strengthen their communities. Urban Collage has developed twenty-eight
(28) LCI plans in the Atlanta region, more than any other firm;
FY11 HIGHWAY 91 HIGHWAY Ono SMALL AREA MASTER PLAN
1
A I LETTER OF INTRODUCTION
We believe in effective community involvement and have a long history of
structuring and facilitating meaningful and engaging public input sessions
as an integral part of our planning processes;
Our highly graphic, innovative products are designed to help communicate
planning and development concepts quickly and easily, capture
stakeholders vision, and lay the groundwork for building public/private
partnerships;
Our track record of implementation is unparalleled. Our work has resulted
in over $46 million in LCI implementation funding to our clients, thousands
of new housing units, great parks and public spaces, and dozens of
memorable places.
Our experience and qualifications, references, and other requested information
are detailed on the following pages. We invite you to call our references. We
take great pride in the success of our clients and there is no better testament
to successful communities and our role in helping them reach their goals.
Thank you for considering our qualifications. We look forward to the possibility
of working with the City and the Milton community.
Sincerely,
URBAN COLLAGE, INC.
Robert J! Begle Eric S. Bosman, AICP
Principal Associate Principal
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
2
B I EXPERIENCE AND QUALIFICATIONS
URBAN COLLAGE, INC.
Urban Design j Master Planning
Eric S. Bosman, AICP
Principal in Charge I Urban Designer
Matt Cherry'
Urban Designer I Planner
Bennis J. Madsen
Urban Designer I Planner
Niti Gajjar
'roject Planner
KIMLEY-HORN AND ASSOCIATES, INC.
Transportation Planning
Rob Ross, P.E.
Transportation Engineer
Cristina Pastore, AICP, P.E.
Transportation Planner
James Fowler, P.E., LEED AP
Transportation Analyst
RCLCO
Market Analysis I Economic Development
Gregg Logan
Market ( Economic Director
Melina Duggal, AICP
Market I Finance Analyst
URBAN COLLAGE, INC.
Eric S. Bosman, AICP
404 586 0277
ebosman@urbancollage.com
Matt Cherry
404 586 0277
mcherry@urbancollage.com
Dennis J. Madsen
404 586 0277
dmadsen@urbancollage.com
Niti Gajjar
404 586 0277
ngajjar@urbancollage.com
KIMLEY HORN AND ASSOCIATES, INC.
Rob Ross, P.E.
404 201 6146
rob.ross@kimley-horn.com
Cristina Pastore, AICP, P.E.
404 419 8775
cristina.pastore@kimley-horn.com
James Fowler, P.E., LEED AP
404 201 6154
james.fowler@kimley-horn.com
RCLCO
Gregg Logan
407 515 4999
glogan@rcico.com
Melina Duggal, AICP
407 515 4994
mduggal@rcico.com
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
3
FF
URBAN Collage
ERIC S. BOSMAN, AICP, Associate Principal
B I EXPERIENCE AND QUALIFICATIONS
An Associate Principal with Urban Collage, Inc., Eric S. Bosman, AICP has assisted a variety of public and
private clients as a facilitator, planner and project manager. Capitalizing on his training in architecture and
urban planning, Mr. Bosman specializes in community, facility, and educational planning and has completed
numerous campus and community plans, facility plans, and architectural programs. As a project manager, Mr.
Bosman has assisted clients in managing multi-million dollar implementation programs. He is an accomplished
instructor and has conducted multiple seminars on leadership skills, group dynamics and communication skills.
Milton State Route 9 Design Guidelines, Milton, GA, Principal -in -Charge: Directed the development of
streetscape and landscape standards for the Highway 9 corridor in Milton, GA. The effort included a series of
work sessions with a City committee to develop design guidelines to enhance the commercial corridor through
an otherwise rural, pastoral community in North Fulton County.
Dunwoody Village and Georgetown / North Shallowford Community Area Master Plans, Dunwoody, GA,
Project Manager: Directed the development of revitalization plans for Dunwoody's historic village center and
the Georgetown community area near 1-285. Each plan will result in a 20 -year vision and action plan for
community improvement and redevelopment. Both efforts have utilized significant public involvement efforts
including stakeholder interviews, focus groups, website tools, and community workshops.
North Point Activity Center LCI, Alpharetta, GA, Project Manager: Directed the development of a Livable
Centers Plan for the North Point Activity Center to create a development vision coordinated with transportation
improvements. The plan seeks to intensify and transform traditional suburban shopping areas into a more
sustainable, mixed-use center.
Brookhaven -Peachtree Livable Centers Initiative, Atlanta, GA, Project Manager: Led the preparation of a
redevelopment plan for the Brookhaven -Oglethorpe MARTA Train Station area in Northeast Atlanta. The plan
included revitalization of aging commercial areas, planned redevelopment of MARTA station parking areas for
mixed-use, transit -oriented development and multiple community workshops to gather public input.
Fayetteville Livable Centers Initiative & LCI Supplemental Study, Fayetteville, GA, Project Manager:
Managed the development of a community vision, land -use and transportation master plan and 5 -year action
plan and LCI update to improve the historic downtown and a major state highway commercial strip.
EDUCATION
Masters of Urban and Regional Planning, University of Illinois, 1998
Masters of Architecture, University of Illinois, 1998
Bachelor of Arts in Architecture, Clemson University, 1995
CERTIFICATION
American Institute of Certified Planners (AICP) # 016093
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
4
B I EXPERIENCE AND QUALIFICATIONS
17 F
,ter,_
�agAx Collage
MATT CHERRY, LEED GA, Associate
Matt Cherry is an Associate at Urban Collage with a background in urban design, landscape architecture
and graphic design. His professional work and experience ranges from urban revitalization studies and
transit -oriented developments to detailed site plans and streetscape implementation. Having managed many
planning efforts throughout Metro Atlanta, he focuses on the application of smart growth and sustainable
design principles across a broad range of urban and rural settings.
Milton State Route 9 Design Guidelines, Milton, GA, Project Manager: Led the development of streetscape
and landscape standards for the Highway 9 corridor in Milton, GA. The effort included a series of work sessions
with a City committee to develop design guidelines to enhance the commercial corridor through an otherwise
rural, pastoral community in North Fulton County.
Palmetto LCI Study and Comprehensive Plan, Palmetto, GA, Project Manager: Lead the creation of both
a downtown master plan and a citywide comprehensive plan for the City of Palmetto, a small historic town 30
miles southwest of Downtown Atlanta.
EDUCATION
Master of Urban Design, University of Michigan, 2004
Bachelor of Landscape Architecture, University of Georgia, 2000
CERTIFICATION
Leadership in Energy and Environment Design (LEED) Green Associate
DENNIS J. MADSEN, Associate
Dennis Madsen, has been an associate with Urban Collage since 2001. With a background in architecture,
he has participated in the design and construction of a range of projects in the southeast including laboratory
buildings, single-family and multi -family residential, hospitality, auditoria, automotive buildings and campus
planning. He serves as the associate in charge of private -sector redevelopment, and manages numerous
public-private partnership efforts. His professional strengths lie in his broad experience with varied project
types, and with his experience in all phases of these projects.
Norcross Livable Centers Initiative, Norcross, GA, Project Manager: Managed the LCI project for Norcross,
a town that represents a combination of Old Atlanta - the historic railroad depot and small town center, with the
new, long corridors lined with strip retail, and seeks a development plan that provides an intelligent vision for both.
Highway 78 Livable Centers Initiative, Snellville GA, Project Manager: Managed this LCI project, overseeing
the creation of a new redevelopment plan for a corridor dominated by strip development. Using private -
public partnerships to encourage "smart growth" -style development, the plan focused on revitalizing existing
commercial in between concentrated `nodes' of new, mixed-use redevelopment.
EDUCATION
Masters of Architecture, Georgia Institute of Technology, 1996
Bachelor of Arts in English, University of Massachusetts at Amherst, 1991
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
5
PPI: IM Kimley-Horn
_____ --------------- - and Associates, Inc.
ROB ROSS, P.E., Transportation Engineer
Rob Ross, P.E., has 12 years of experience as a transportation engineer for Kimley-Horn and Associates, Inc.
He has worked on hundreds of local and regional traffic and transportation studies in the Southeast. Rob's
work in both the public and private sectors has provided him invaluable experience in developing cost-effective
solutions to his clients' problems. His experience includes corridor analyses, local, and regional traffic impact
analyses, transportation planning, signal design, signal warrant analyses, arterial and intersection analyses,
and maintenance of traffic plans. Rob recently managed the transportation element of the D.L. Hollowell
Parkway LCI Planning project for the City of Atlanta and played significant roles in Perimeter Cl Ds' 2010 LCI
Update and the Southlake Mall Activity Center LCI Study.
EDUCATION
B.S. and M.S. Degrees, Civil Engineering, Georgia Institute of Technology
CERTIFICATION
Registered Professional Engineer, Georgia
CRISTINA PASTORE, AICP, P.E., Transportation Planner
Cristina Pastore, P.E., AICP is experienced in a wide variety of transportation planning and traffic engineering
projects for both public and private sector clients. Her breadth of experience gives her the ability to develop big
picture visions that don't lose sight of the smaller details of operation and design that are crucial to successful
implementation. She has played a significant role in the City of Milton's Comprehensive Transportation Plan
and was one of the key team members working on IT3 (Investing in Tomorrow's Transportation Today)—a look
at the State of Georgia's transportation infrastructure and investment strategy through an economic lens. She
managed the Fayetteville LCI Supplemental Study and, most recently, served as co -project manager on the
North Fulton Comprehensive Transportation Plan.
EDUCATION
M.S. Degree, Civil Engineering, Georgia Institute of Technology
M.S. Degree, Regional Planning, Georgia Institute of Technology
B.S., Civil Engineering, University of Akron
CERTIFICATION
Certified Planner and Professional Engineer, Georgia
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
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RCLCO
GREGG LOGAN, Market I Economic Director
Gregg Logan is the national Managing Director of RCLCO's Communities Practice Group. His 25 years of
market and economic consulting experience includes 20 years of leading the firm's Atlanta office, during which
time he was involved in numerous Livable Centers Initiative studies (e.g. City of Suwanee, City of Chamblee,
Cumberland Galleria). RCLCO's Communities Practice Group consults with both public and private sector
clients on strategic planning, economic development, market and financial feasibility, and large scale regional
visioning.
Gregg has conducted and supervised consulting assignmentsthroughoutthe U.S. and abroad. Gregg is a member
of the Washington, D.C.-based Urban Land Institute (ULI) and has chaired several ULI districtand product councils.
He is a contributing author of several ULI books, including Transforming Suburban Business Districts, and
Housing for Niche Markets, and participated as a market specialist in the creation of ULI's Ten Principles for
Developing Successful Town Centers.
EDUCATION
Graduate of UCLA. Adjunct Faculty at Rollins College Hamilton Holt School in Winter Park, Florida, in the
Masters of Civic Urbanism program, where he is currently teaching The Economics of Urbanism.
AFFILIATIONS
Urban Land Institute (ULI)
Association of Florida Community Developers, Inc. (AFCD)
International Economic Development Council
MELINA DUGGAL, AICP, Market I Finance Analyst
Melina Duggal is a Senior Principal based in our Orlando, Florida office. She has previously worked in our
Atlanta and Washington, D.C. offices, and plays a national role in the firm. Melina has worked on a wide range
of market and financial analysis, economic development, regional growth patterns, and consumer research
projects concerning real estate and urban development issues throughout the United States and Puerto Rico.
She has worked for RCLCO (Robert Charles Lesser & Co.) since 1998. Prior to joining RCLCO, Ms. Duggal
worked as a community planner for a consulting firm based in Detroit, Michigan.
Ms. Duggal's specialties include mixed-use development, metropolitan development trends, reviewing
development codes from a market perspective, public sector work, and regional growth patterns. The majority
of herwork has been in the Midwest, Mid -Atlantic, and the Southeastern portions of the United States. Projects
of interest include studying regional growth patterns and the impact on Salt Lake City for Envision Utah, the
redevelopment of Governor's Island in New York Harbor, and reviewing multiple SmartCodes and determining
their potential impact on development.
EDUCATION
Master of Urban Planning, Specializing in real estate, housing, community development, University of Michigan
CERTIFICATION
American Institute of Certified Planners (AICP)
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
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B I EXPERIENCE AND QUALIFICATIONS
Methodology I Scope Of Services
The City of Milton and its residents place a high priority on preserving and
enhancing the community's distinctive character. One of the most significant
challenges for the City is meeting current and future economic development
and growth needs within designated commercial areas while simultaneously
maintaining the pastoral landscapes and equestrian roots that are paramount
to the community's identity. While the SR 9/GA 400 area is prime real estate
(even in a down economy), the community has high expectations in terms of its
quality, use, and design characteristics.
Development in the Highway 9/GA 400 area cannot follow traditional suburban
design practices AND maintain the city's sense of place. The Milton Livable
Centers Initiative provides the opportunity to create a master plan for Milton's
Activity Center creating a framework for future enhancements and development
that embrace the new paradigm of sustainable growth with an overarching
sensitivity towards the rural landscapes of North Fulton.
Based upon the needs of the City of Milton and our significant experience
conducting similar planning efforts for other LCI communities and activity
centers throughout the Southeastern United States, we propose a three-phase
process over seven months.
Phase 1: Inventory and Assessment
Phase 2: Conceptual Master Plan
Phase 3: Action Plan
Stakeholder and public involvement is not a task within the process, it is an integral part of where, why, and
how we work. Throughout the process, the Planning Team will utilize a variety of participation techniques and
settings including:
• One-on-one stakeholder interviews;
• Regular monthly meetings with a Project Management Team of city staff;
• Frequent briefings with a Core Team of government officials, area stakeholders, and community leaders; and
• A series of public workshops and input opportunities to engage citizens throughout the process in
developing and refining community improvement strategies.
The variety and timing of public involvement opportunities will be structured to build understanding of the
area's challenges and opportunities, to garner maximum input from each opportunity, and to build community
consensus toward the best solutions for Milton and the surrounding area.
Throughout the project, the Planning Team will provide website ready, summary information to post on the
City's website and providing ongoing information to local stakeholders. The Planning Team believes the City's
website is a known community resource and is the most reliable location to post updated web -based information
for the public. The Team will work with the City to establish proper protocols for submitting and posting web -
based information throughout the process.
While general techniques, plan components, and project deliverables are detailed in the following methodology/
scope of work, it is anticipated that the process will be further refined to local conditions, timelines and
administrative needs as the Planning Team works closely with The City of Milton, the Core Team, the Project
Management Team, and local citizens.
FY11 HIGHWAY S / HIGHWAY 400 SMALL. AREA MASTER PLAN
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B I EXPERIENCE AND QUALIFICATIONS
Phase 1: Inventory and Assessment (2 Months)
The initial phase of work consists of an identification of issues and an inventory
and assessment of existing conditions. During this phase, the Planning
Team will work with a Project Management Team of key City Staff to review
Comprehensive Plan information and other background information, gather
existing conditions data, and finalize the scope and goals for the study.
The Planning Team will conduct a series of stakeholder interviews as a first
step to promote a candid, open forum for information sharing and visioning
with government officials, property owners, and community leaders. The
series of interviews and/or small group sessions will ensure that appropriate
stakeholders have an opportunity to communicate their needs and ideas for
the future of the area directly to the Planning Team early in the process.
The Planning Team will also assist the City in establishing a Core Team of community leaders to represent abroad
range of interests. The Core Team will act as a sounding board for information sharing prior to and after each public
workshop and will be charged with assisting the City and Planning Team to promote public input sessions and
opportunities. TheCoreTeamwill meet4-5timesduringthe planning processto reviewand discusspreliminary results
and materials to be presented at public meetings.
The Physical Assessment will build off of information from the City's Comprehensive Plan, SR 9 Design
Guidelines and other previous efforts. In addition to data from previous efforts, the Planning Team will
complete a more detailed urban design assessment of the Study Area including a review of land uses, spatial
relationships, character, and aesthetics. The physical assessment will pay special attention to potential
development and redevelopment sites, opportunities to connect and protect surrounding areas including
single-family neighborhoods, and opportunities to enhance the area's character and walkability. The Planning
Team has strong graphic and Geographic Information System (GIS) capabilities and will develop a series of
illustrative maps, graphics, and brief narratives to convey existing physical characteristics and opportunities in
a concise, easy to understand format.
The Market Analysis will involve an overview of the area's demographic and economic characteristics to
determine current market characteristics and future market potential. The analysis will evaluate the surrounding
market area to help identify current and future demand for various markets and development types. Our team's
experience with a variety of activity center developments throughout the Southeast and strong understanding
of mixed-use development types, will further our ability to understand the local market and analyze economic
opportunities that could help distinguish and sustain Milton's burgeoning activity center. The Market Analysis
will include discussions with local property/business owners and local development interests to identify and
evaluate key market trends and obstacles in the area. Of special consideration will be opportunities for housing
options/varieties and opportunities to encourage Life Long Community principles.
The Transportation Systems Assessment will include a review of existing roadways, pedestrian circulation,
bicycle routes, and other transportation facilities. The transportation analysis will evaluate existing traffic safety,
traffic flow, parking, areas of conflict and congestion, and current and potential future transit services. The
Transportation Systems Assessment will also include a review of planned and potential transportation projects
in the area, including those in the Milton and North Fulton Comprehensive Transportation Plans (CTP) and
those proposed by the North Fulton CID, MARTA, GDOT, and/or other appropriate agencies.
Informed with the existing conditions assessment, the Planning Team will develop a community preference
survey that will assist local stakeholders in defining and clarifying their vision for the future. The "Compass"
is an interactive survey tool developed by Urban Collage, Inc. that includes a series of visual images to be
evaluated by area stakeholders based on their appropriateness for the future of the SR 9/GA 400 Activity
Center. The survey will also include a series of short answer and multiple choice questions to help community
members identify key goals and relate their preferences regarding future land uses, potential housing types,
FYI HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
9
B I EXPERIENCE AND QUALIFICATIONS
economic development opportunities, design characteristics, and circulation/
connectivity strategies.
The "Compass"will bethe basisforan interactive Public Kick -Off Meeting. The
Kick -Off Meeting will include an introduction of the Planning Team, explanation
of the planning process, a summary of existing conditions information, and
administration of the community preference survey.
By focusing heavily on visual images in the Kick-off meeting, the Planning
Team will build momentum toward desired characteristics for the future of the
SR 9/GA 400 Activity Center as a first step. General discussions of density,
zoning, and other planning concepts with the general public can oftentimes
prove fruitless as the citizenry is typically frustrated by planning's abstract
principles and complexities. Our experience has shown that building input
around visual tools and delineating areas of likely change, and defining those
areas where change is not desirable, has a much greater chance of building
support and consensus over focusing on abstract planning fundamentals.
The result of the kick-off meeting will be a visual framework that guides the
development of alternatives and strategies in the Conceptual Master Plan
Phase. Following the workshop, the Planning Team will compile, clarify, and
review the resulting vision with the Project Management Team and Core Team
for verification.
Depending upon the number and balance of attendees in the first public meeting, the Planning Team can
prepare a web -based version of the community preference survey and input activities. Web -based materials
can provide an opportunity for a wider cross section of the community to participate in the process from their
home or office. While participants do not benefit from the interaction that takes place at public workshops, they
can follow the process and participate in key input opportunities online if desired by the City.
Phase 1 will culminate in the production of an Inventory and Assessment Document including summaries
of the existing conditions assessments, the results of the Compass survey, and a list of fundamental, guiding
issues and objectives that will provide the framework for Phases 2 and 3.
Phase 2: Conceptual Master Plan (3 Months)
With a defined vision regarding area issues and opportunities, the Planning Team will facilitate a second
public workshop to enlist area stakeholders in developing future concepts for:
• Land use and development,
• Transportation and parking, and
• Open space and pedestrian circulation.
To maximize input and the effectiveness of the workshop, a series of interactive small group exercises will
follow an opening presentation. Participants will interact in small groups, each facilitated by a trained member
of the Planning Team, to review and discuss general concepts and strategies in a series of engaging, interactive
exercises. Workshop exercises will be specifically designed to enable participants to explore strategies and
alternatives for defining and encouraging destination points, integrating a variety of high quality development
types, providing appropriate buffers between commercial development and existing residential neighborhoods,
enhancing connectivity, improving pedestrian and bicycle circulation and safety, integrating parks and gathering
spaces, and facilitating sustainable community design.
FY11 HIGHWAY 9 / HIGHWAY 400 SMALL AREA MASTER PLAN
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B I EXPERIENCE AND QUALIFICATIONS
Alternatives will be built upon the opportunities and vision identified in Phase 1
and the completed market analysis. The market analysis will provide baseline
information to guide and evaluate the feasibility of various concepts and market
strategies to achieve them. The Planning Team will review workshop results
with the Project Management Team and Core Team and will explore more
detailed development and transportation concepts for consideration at a third
public workshop.
The third public workshop will also be an interactive session where area
stakeholder and residents explore development, redevelopment, and
transportation concepts in priority areas. Exercises at the third public workshop
will help establish concept plans detailing the potential size, scale, and character
of future development/redevelopment and circulation patterns.
The Planning Team will structure workshop exercises to capitalize on community
preferences and smart growth best practices by:
• Focusing on the creation of development nodes that promote a unified
development pattern;
• Exploring development concepts that encourage walkability and build
character while minimizing impacts on surrounding neighborhood areas,
• Incorporating a balanced transportation system including techniques
that encourage walking and bicycling, slow vehicular traffic to safe but
effective speeds, limit future congestion of major roadways, consider
greenway trail access and opportunities, and reduce potential conflict
points between higher vehicular volumes and alternative modes;
• Evaluating opportunities for a greater variety of housing types and
encouraging Life Long Community principles and potential for the transfer
of development rights,
Concepts will be compiled and analyzed by the Planning Team and reviewed with the Project Management
Team and Core Team to identify optimal strategies and alternatives for the future of the SR 9/GA 400 Activity
Center. Alternatives will be illustrated and again reviewed by the Planning Team to ensure that the Conceptual
Master Plan reinforces the vision established by the community and is feasible from a land use, transportation,
and market perspective.
During the development of Conceptual Master Plan alternatives it is critical to re-engage major property owners
if they are not part of the Core Team. The Planning Team will facilitate a follow-up session with major property
owners prior to completion of master plan alternatives and public discussion of future plans.
The illustrated, conceptual master plan will include:
• The Conceptual Illustrative Master Plan for consideration and prioritization,
• A variety of supporting visuals to convey master plan elements and future characteristics for the area
including illustrations, perspectives, models, etc.,
• Concepts for open space, public space, landscaping, and streetscape enhancements,
• Transportation system recommendations including bicycle/pedestrian systems, safety improvements,
and alternative transportation connections to other priority destinations,
• Recommended land use and zoning changes/modifications necessary to implement the desired vision,
• Evaluation of Transfer of Development Rights opportunities and challenges,
• Life Long Community recommendations and consideration of housing choice strategies, and
• Potential funding opportunities and strategies.
FY11 HIGHWAY 9/ HIGHWAY 400 SMALL AREA MASTER PLAN
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B I EXPERIENCE AND QUALIFICATIONS
The Conceptual Master Plan will be reviewed and discussed with the public
during a fourth public workshop. The fourth workshop will be used to
gather additional input on defining issues and alternatives, to build community
consensus, and to prioritize plan elements to inform the implementation/action
plan and funding opportunities. Workshop results will again be discussed
with the Project Management Team and Core Team and refined based upon
identified market strategies and implementation potential.
Phase 3: Action Plan (2 Months)
With the completion of the Conceptual Master Plan, implementation strategies
will be refined and further detailed as part of the Action Plan. In order to
succeed, planning initiatives must coincide with understandable implementation
steps including organizational strategies, costs, responsible parties, funding
sources, and necessary partnerships. Project initiatives will be detailed in a
5 -year short-term action plan of priority implementation steps and a 20 -year
long-range action plan.
The Planning Team will facilitate a transportation coordination meeting as
required by ARC during Phase 3. The Team will review the plan, key elements,
and the list of recommended improvements to a team of Milton, Alpharetta,
ARC, GDOT, GRTA, and other appropriate agencies for review, comment,
coordination, and exploration of funding opportunities.
The Action Plan will include a market summary outlining development recommendations and necessary
steps to address economic needs and priorities. The market summary will also include 25 -year population,
employment and housing projections for the Activity Center based on the Conceptual Master Plan.
The plan will include zoning recommendations outlining key site design, architectural design and other
elements vital to the realization of the master plan and Life Long Community and Transfer of Development
Rights strategies. An appendix to the action plan will include summaries of the study process and public
participation process and a narrative outlining how the plan addressed goals of the Livable Centers Initiative
Program.
The Draft Plan will be outlined at a public workshop, open house, or public hearing. The format for the public
vetting of the Draft Plan will be determined in cooperation with the City of Milton based upon the successes
of the public kick-off and interactive work sessions of Phase 2. Ultimately, the draft plan presentation should
allow for input, build community support, and ensure that plan recommendations and strategies are consistent
with input gathering during previous workshops. Based upon the feedback received at the public forum, the
Planning Team will make adjustments and conduct working sessions with the Planning Commission and City
Council. Work sessions with the City's appointed and elected bodies will include an overview of the plan, plan
process, key recommendations and strategies, and discussion with City leaders.
From the public, Planning Commission, and City Council review of the Draft Plan, final adjustments will be
made to finalize all deliverables. Final products will include a summary document (6-12 page document to
summarize the Activity Center Plan, key elements, and implementation strategies), hard copy Master Plan
document including an appendix of plan materials and support information, and a digital CD/DVD of all plan
deliverables, summaries, and graphics (including all completed hand -drawn and computer generated graphics
from the project). Ten (10) printed copies of the full document with a combination of color and black and white
will be provided as part of the contract. Additional copies or additional color inserts may be provided with
reproductions at the City's expense.
The final master plan will again be reviewed by the public at a workshop, open house, or public hearing and
reviewed for approval by the Planning Commission and City Council.
FY11 HIGHWAY 9 { HIGHWAY 400 SMALL AREA MASTER PLAN
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B I EXPERIENCE AND QUALIFICATIONS
SCHEDULE
PHASE 1
PHASE 2
PHASE 3
Inventory and
Conceptual Master Plan
Action Plan
Assessment
3 Months
2 Months
2 Months
TASKS:
TASKS:
Conduct Second Public
TASKS:
Conduct Stakeholder
Workshop
Prepare Draft Plan:
Interviews
Prepare Framework Plan:
• 5 -Year Action Plan and
Establish Core Team
• Land Use and Development
Implementation Strategy
Compile Inventory and
• Transportation and Parking
• Market Summary
Assessment:
• Open Space and
• Zoning Recommendations
• Physical Assessment
Pedestrian Circulation
• Public Participation Summary
• Market Analysis
• LCI Study Goals
•Transportation Systems
Review Framework Plan with
Project Management Team
Facilitate Transportation
Assessment
and Core Team
Coordination Meeting
Develop Community
Conduct Third Public
Present Draft Action Plan
Preference Survey
Workshop
• Public Meeting
• Planning Commission
Conduct Public Kick -Off
Prepare Concepts and
• City Council
Meeting
Alternatives:
• Development &
Conduct Final Public Meeting
Complete Inventory and
Redevelopment Concepts
• Public Meeting
Assessment Report
• Transportation Concepts
• Planning Commission
Review Concept and
• City Council
Circulation Plan with Project
Management Team and Core
Team
Conduct Fourth Public
Workshop
PLANNING PRODUCTS: PLANNING PRODUCTS: PLANNING PRODUCTS:
Inventory and Assessment Framework Plan LCI Study Document
Report Conceptual Master Plan LCI Summary Document
PLANNING MEETINGS: PLANNING MEETINGS: PLANNING MEETINGS:
Stakeholder Interviews Project Management Team (3) Project Management Team (2)
Project Management Team (2) Core Team (3) Core Team
Core Team Public Workshops (3) Transportation Coordination
Public Kick -Off Meeting Meeting
Draft Plan Presentation (3)
Final Plan Presentation (3)
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
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URBAN Collage
B I EXPERIENCE AND QUALIFICATIONS
The art of "collage" is the creative practice of assembling diverse elements
into a dynamic composition. We are urban designers who approach the built
environment of each community as a reflection of its unique politics and place. We
believe in the principles of good urbanism- diversity, connectivity, sustainability.
We are known for our strengths in public involvement, graphic communication
and implementation strategies.
Since the firm's founding in 1997 in Atlanta, we have completed over 350 projects
throughout the Southeast and, as a testament to the determination and passion
of our clients, our plans have resulted in thousands of new housing units, first
class schools and institutions, hundreds of acres of new parks and open spaces,
miles of streetscape and bicycle paths and, most importantly, the creation of
dozens of memorable places. The whole of a vibrant community is often greater
than the sum of its parts and therein lies the key to true urban design.
URBAN COLLAGE PROJECT EXPERIENCE
Milton State Route 9 Design Guidelines, Milton, GA
Urban Collage assisted the City of Milton in updating and completing the City's
Highway 9 Design Guidelines. The effort included a series of work sessions
with a committee of citizens to develop landscape and streetscape guidelines
for the corridor and to update other fencing, architectural and site standards.
The complete guidelines were recommended for approval by the SR 9 Overlay
Committee and adopted by City Council in December 2010.
North Point Activity Center Livable Centers Initiative, Alpharetta, GA
Creation of a development vision coordinated with transportation improvements,
for the North Point Activity Center. The plan seeks to intensify and transform
traditional suburban shopping areas into a more sustainable, mixed-use center.
The LCI Plan was developed by the City of Alpharetta, with support from the CID,
the consider more sustainable, walkable growth in the area bounded by North
Point Parkway, Mansell Road, Westside Parkway and Haynes Bridge Road.
Dunwoody Village and Georgetown / North Shallowford Community Area
LCI Master Plans, Dunwoody, GA
Development of revitalization plans for Dunwoody's historic village center and
the Georgetown community area near 1-285. Each plan will result in a 20 -year
vision and action plan for community improvement and redevelopment. Both
efforts have utilized significant public involvement efforts including stakeholder
interviews, focus groups, website tools, and community workshops.
Brookhaven -Peachtree Livable Centers Initiative, Atlanta, GA
Redevelopment plan for the Brookhaven -Oglethorpe MARTA Train Station area
in Northeast Atlanta. The plan included revitalization of aging commercial areas,
planned redevelopment of MARTA station parking areas for mixed-use, transit -
oriented development and multiple community workshops to gather public input.
Buckhead SPI -9 Update and Expansion, Atlanta, GA
Expansion and update of the SPI -9 overlay into a stand alone zoning district for
the Buckhead Village Area. The ordinance includes strategies to enhance and
extend area design standards, lays the foundation for transfer of development
rights in appropriate areas, and implements a bonus structure to promote the
realization of a more walkable, urban village.
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
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B| EXPERIENCE AND QUALIFICATIONS
|URBAN COLLAGE LIVABLE CENTERS INITIATIVE EXPERIENCE
Urban Collage has become aleader inLCI Planning, developing successful
plans for twenty-seven (27) local LCI planning initiatives. The Livable
Centers Initiative (LCI) is a progressive program linking land use to
transportation for over 10 counties in metropolitan Atlanta. The program,
which has laid the ground workforsmart growth plans in over80 communities,
has become anational model oysustainable development.
Blueprint Midtown (LCI) The Midtown Alliance
Personnel Assigned bmProject |Ro|e
Eric S. Bosnnan.AJCP | Project Manager
Matt Cherry, LEEO G/\| Project Manager
Brookhaven Peachtree Area LCI DeKalb County
Personnel Assigned toProject |Rn|e
Eric S. Bosman.A|CP | Project Manager
Matt Cherry, LEED GA I Urban Designer, Planner
Buckhead Action Plan (LC|) BuckheadC|[}
Personnel Assigned to Project | Role
Eric S. Bosnnan./\|CP | Project Manager
Dallas LCI City ofDallas
Personnel Assigned tuProject |Ro|e
Eric 8,Bosman, A|CP|Project Manager
Matt Cherry, LEED GA Urban Designer, Planner
Dunwoody Village Master Plan (LCy)
City ofDunwoody
Personnel Assigned toProject |Ro|e
Eric S. Bosman, A|CP| Project Manager
Matt Cherry, LEEO GA Urban Designer, Planner
Dennis J. Madsen | Urban Designer, Planner
Fayetteville Livable Centers Initiative
City ofFayetteville
Personnel Assigned bJProject |Role
Eric S. Boannan.A|CP | Project Manager
Georgetown / North Shallowford Road
Master Plan (LCI) City of Dunwoody
Personnel Assigned toProject |Ro|e
Eric G.Bosman, AJCP|Project yWanagex
Matt Cherry, LEE[)GA\Urban Designer, Planner
Dennis J. Madsen | Urban Designer, Planner
Highway 7Q(LC|) Evermore CID
Personnel Assigned to Project | Role
Dennis J. Madsen | Project Managar
Holly Springs Town Center (UCU
City ofHolly Springs
Personnel Assigned to Project | Role
Dennis J. Madsen | Project K8aneger
Kennesaw LCI City ofKennesaw
Personnel Assigned to Project | FlP!e
Eric S.Bosman, A|CP|Project K8enaQer
Kensington Station TO'[].Plan (LC|) DeKalb County
Personnel Assigned 10 Project I Ro|e
Dennis J. Madsen I Project Manager
Norcross Activity Center LCI City ofNorcross
Personnel Assigned to Project | Role
Dennis J.Madsen | Project K8@nager
North Point Activity Center (LCI)
City ofAlpharetta
Personnel Assigned tuProject |Role
Eric S. Bosnnmn.A|CP | Project Manager
Old National Hwy /LC|> Fulton County,
Environment & Community Development
Personnel Assigned to Project | Role
Eric S. Bosrnan'A|CP { Project Manager
Palmetto Livable Centers Initiative
Investment Policy Study City ofPalmetto
Personnel Assigned to Project | Role
Matt Cherry, LEEOGA|Project ManaQer
Snm|h/iUe LCI City of8nakvi|ha
Personnel Assigned to Project i Role
Dennis J. Madsen I Project Manager
rv11HIGHWAY y/msHxw*x4uoomxLLxneA MASTER PLAN
Kimley-Horn and Associates, Inc. was founded in
1967 by transportation planners and traffic engineers
in Raleigh, NC. Today, Kimley-Horn is a full-service
engineering, planning, and environmental consulting
firm with 1,500 employees nationwide, offering
comprehensive services in transportation, transit,
urban planning/landscape architecture, intelligent
transportation systems, land development, airports/
aviation, and environmental sciences.
Kimley-Horn's clients have access to a versatile staff
of professional civil, transportation, and structural
engineers; planners; landscape architects; and
environmental scientists. The firm is owned and
operated by practicing professionals.
KHA PROJECT EXPERIENCE
North Fulton Comprehensive Transportation Plan
(CTP) Fulton County, GA
Personnel Assigned to Project I Role
Ed Ellis; RE, I Principal -in -Charge
Cristina Pastore, AICP, P.E. I Co -Project Manager
Rob Ross, P.E. I Project Engineer
Jeff Smith, P.E., LEED AP I Project Engineer
James Fowler, E.I., LEED AP I Project Analyst
Milton Transportation Plan Milton, GA
Personnel Assigned to Project I Role
Ed Ellis, P.E. I Principal -in -Charge
Cristina Pastore, AICP, P.E. I Project Planner
James Fowler, E.I., LEED AP I Project Analyst
Fayetteville LCI Supplemental Study
Fayetteville, GA
Personnel Assigned to Project I Role
Cristina Pastore, AICP, P.E. I Project Manager
B I EXPERIENCE AND QUALIFICATIONS
RCLCO
Robert Charles Lesser & Co (RCLCO) is a leading
land use and real estate advisory firm, helping real
estate companies, corporations, investors, and
public -sector entities make sound decisions about
growth and development, investment, design,
and strategy issues. Our advice is market driven,
analytically based, practical, and financially sound.
We pride ourselves on being environmentally
conscious and socially responsible.
RCLCO PROJECT EXPERIENCE
Blueprint Cumberland
RCLCO was retained by the Cumberland CID (a
quasi -governmental agency overseeing a community
improvement district) to prepare a long-range vision
for the Cumberland -Galleria area of Atlanta; Cobb
County, Georgia.
City Of Dunwoody LCI
RCLCO worked as part of a team lead by Urban
Collage, providing market analysis support for
the planning efforts associated with the LCI and
Redevelopment Plan.
City Of Suwanee Town Center LCI
RCLCO worked with Clark Patterson and Urban
Collage, providing the Market Analysis foundation
for the Suwanee Town Center; Suwanee, Georgia.
City Of Canton LCI
Determine the market opportunities for residential,
retail and office development within the Livable
Centers Study Area, which includes downtown
Canton; Canton, Georgia.
City Of Chamblee LCI
Prepared a Market and Fiscal Impact Analysis as for
the Mid -City Supplemental LCI Study; Chamblee,
Georgia.
City Of Powder Springs
RCLCO worked with a team of consultants, including
Post Buckley Schuh & Jernigan (PBS&J), to create
a Revitalization Plan for Downtown Powder Springs;
Powder Springs, Georgia.
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
16
REFERENCES I RELEVANT EXPERIENCE LAST 5 YEARS
Acworth Downtown Plan
Past Client: City of Acworth
Brandon D. Douglas, Assistant City Manager /
Economic Development Director
4415 Senator Russell Avenue
Acworth, GA 30101
770.974.3112
Blueprint North Fulton
Current Client: North Fulton CID
Ann Miller Hanlon, COO, VP of Transportation
11605 Haynes Bridge Road, Suite 100
Alpharetta, GA 30004
678.397.0566
C I REFERENCES
Fountain Inn Master Plan
Past Client: City of Fountain Inn
Eddie Case, City Administrator
City Hall - Quillen Square, 200 North Main Street
Fountain Inn, SC 29644
864.862.4421 x 234
Garden City Town Center
Past Client: City of Garden City
Brian Johnson, City Manager
100 Main Street
Garden City, GA 31418
912.966.7777
Garner Town Center Plan
Past Client: Garner Revitalization Association
John Hodges, Executive Director
111 West Main Street, Suite 200
Garner, NC 27529
919.773.4402
Jimmy Carter/ Buford Highway Redevelopment
Plan
Past Client: Gwinnett Village CID
John McHenry, AICP, Program Director
1412 Oakbrook Drive, Suite 181
Norcross, GA 30093
770.449.6515
Madison Growth Plan
Current Client: City of Madison
Amy Bell Furfori, Director of Community
Development & Planning
100 Hughes Road
Madison, AL 35758
256.772.2885
Prattville Comprehensive Plan
Past Client: City of Prattville
Joel T. Duke, AICP, City Planner
102 West Main Street
Prattville, AL 36067
334.361.3613
Valdosta Downtown Master Plan
Past Client: City of Valdosta / Central Valdosta
Development Authority
Mara Register, Assistant to the City Manager
216 E Central Avenue
Valdosta, GA 31603
229.259.3571
FYI HIGHWAY 9 t HIGHWAY 400 SMALL AREA MASTER PLAN
17
REFERENCES I LCI EXPERIENCE LAST 5 YEARS
Blueprint Midtown (LCI)
Current Client: The Midtown Alliance
Shannon Powell, VP of Planning & Development
730 First Union Plaza, 999 Peachtree Street
Atlanta, GA 30309
404.892.4782
Buckhead Action Plan (LCI) & SPI -9 Zoning Overlay
Past Client: Buckhead CID
Denise Starling, Executive Director BATMA
3340 Peachtree Road NE, Suite 230
Atlanta,GA 30326
404.842.2682
Dallas LCI
Past Client: City of Dallas
Mayor Boyd L. Austin, Jr.
129 East Memorial Drive
Dallas, GA 30132
770.443.8110
C I REFERENCES
Dunwoody Village Master Plan (LCI)
Current Client: City of Dunwoody
Warren Hutmacher, City Manager
41 Perimeter Center E, Suite 250
Dunwoody, GA 30346
678.382.6700
Fayetteville LCI Supplemental Study
Past Client: City of Fayetteville
Eldridge Gunn, Director of Planning and Zoning
City Hall, 240 South Glynn Street
Fayetteville, GA 30214
770.461.6029
Georgetown / North Shallowford Road Master Plan (LCI)
Current Client: City of Dunwoody
Warren Hutmacher, City Manager
41 Perimeter Center E, Suite 250
Dunwoody, GA 30346
678.382.6700
Indian Trail LCI
Past Client: Gwinnett Village CID
Chuck Warbington, Executive Director
1412 Oakbrook Drive, Suite 181
Norcross, GA 30093
770.449.6515
Norcross Activity Center LCI
City of Norcross
Howard J. Koontz, City Planner
(Currently with the City of Dunwoody 678.382.6810)
North Point Activity Center (LCI)
Past Client: City of Alpharetta
James Drinkard, Assistant City Manager
2 South Main Street
Alpharetta, GA 30009
678.297.6014
Palmetto LCI Investment Policy Study
Past Client: City of Palmetto
Terry Todd, City Administrator
509 Toomb Street
Palmetto, GA 30268
770.463.3377
FY11 HIGHWAY 9 / HIGHWAY 400 SMALL AREA MASTER PLAN
18
D I CUSTOMER SATISFACTION AND CITIZEN INTERACTION
Dispute Resolution
In our firm's 14 -year history, we have never been
involved in a legal dispute or disagreement between
our company and a client. If any issue arises during
the course of a contract, we expect to sit down face-to-
face with the client to understand and attempt to reach a
consensus conclusion on the proper course of action. If
a disagreement is unable to be resolved (which again has
never happened in the history of our firm), our company
policy enables us to undertake mediation, arbitration by a
mutually agreed upon arbiter, or we will allow the client to
terminate the contract with 15 -days' notice. If the contract
is terminated, the consultant is entitled to be paid on a
time and materials basis for work completed up to the
date of termination and will provide all reasonable project
materials to the client.
Ability to work under City Staff
Our firm has a long history of completing successful
master plans for municipal clients. Over the last several
years, approximately 65% of our projects have been
for local municipalities under the direction of city staff.
We invite you to call our references who are generally
City Managers, Community/Economic Development
Directors, and other officers for quasi -governmental
organizations. Our recent work for the City of Milton, City
of Alpharetta, and North Fulton Community Improvement
District are also a testament to our ability to work with city
staff and our flexibility to meet their needs and those of
their community throughout a planning process.
Public Meetings
Urban Collage, Inc. includes public participation as a vital
component to all of our Master Plan efforts. Please see
our philosophy of collaboration on the following pages as
evidence of our public involvement philosophy and our
commitment to successful collaboration. We take great
pride in our public workshops and have been told by other
clients that we are "great listeners." We take public input
seriously and understand that public support is vital to the
success of any plan and a local government's ability and
desire to implement the plan. We take great efforts to
ensure that our public input meetings and activities are
meaningful, enjoyable, and worth the public's time and
effort.
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
19
D ( CUSTOMER SATISFACTION AND CITIZEN INTERACTION
Six Principles Of Collaboration
Urban Collage understands that successful collaboration does not just happen.
Rather, its built on years of experience and the understanding of several
guiding principles:
1. Clearly enunciate the process from the outset: In order to create clear
expectations, the process will be clearly defined and explained from the
outset. It should be recognized that refining the process throughout
the plan is often necessary to reflect unexpected scheduling conflicts,
additional stakeholders that arrive late into the process, etc. However, at
all stages, planning participants are kept appraised of where the process
stands and the Client Team in particular are consulted to ensure continued
applicability and satisfaction.
2. Involve a variety of stakeholders: In order for collaboration to be fully
successful, collaboration must involve a wide variety of stakeholder
agendas including governmental/public-sector administrators and service
providers (city, county, region & state), political interests, businesses and
property owners, residents, the development community, etc.
3. Use both open and closed forums for collaboration: The Client Team
and the Core Team of stakeholders (closed forums) are invaluable tools
that can be used as a sounding board for ideas, and sensitive issues.
By understanding critical concerns and hot -button issues ahead of time,
many problems can be carefully framed before being explored in the
public arena. Conversely, it is critically important to have a transparent
process that involves the general public including several forums for
general discussion (open forums). Bringing hot -button issues out in the
open, however carefully framed, is critical to avoiding future stumbling
blocks during implementation.
4. Understand & respect varying stakeholder agendas: It is critical to
understand that different stakeholders represent different, and sometimes
conflicting agendas. Finding the appropriate middle ground requires a
detailed understanding of what each party is trying to achieve. In this
regard, stakeholder groups are interviewed privately and independently
at the outset, before being placed together in a public consensus -building
format. At times it will be critically important to respect stakeholder wishes
and keep certain sensitive information confidential. Conversely, at other
times, heretofore unknown/unpublished ideas can be brought to light in a
positive and constructive manner.
5. Use a variety of formats for seeking public input: Just as different
stakeholders have diverse agendas, it is important to recognize that people
respond differently to diverse formats of idea sharing. In this regard, Urban
Collage utilizes a wide variety of input mechanisms depending upon the
audience and the circumstance. Over the course of a plan, input and
consensus is achieved through such measures as: one-on-one interviews,
short -answer survey questions, ranking of visual images, voting on issues,
photomontage visualization, participant -driven drawing and block -building
exercises, and more traditional public presentations.
6. Provide a constructive format for collaboration: Regardless offormat, all exercises
are designed to build upon one another in interesting, interactive and hands-on
ways. Aloose, fun, informative yet structured environment creates an atmosphere
of consensus -building. Most important of all, do not waste participants time.
FY11 HIGHWAY 9/ HIGHWAY 400 SMALL AREA MASTER PLAN
20
RFP 11-CDO1
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, GA 30004
Phone: 678-242-2511
Fax: 678-242-2499
Email: rick. pea rce@cit yofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced RFP.
COMPANY NAME: Urban Collage, Inc.
CONTACT PERSON: Robert J. Begle
ADDRESS: 121 Luckie Street NW, Suite 200
CITY• Atlanta
STATE: GA ZIP: 30303
PHONE: 404-586-0277 FAX: 404-586-0079
EMAIL ADDR„ S: bbegle@urbancollage.com
May 27, 2011
Signature/ Date
ADDENDUM #1
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
Cost Proposal Submitted June 72011 by
Urban Collage, Inc.
- Kim|ey-Hornand Associates, Inc.
nCLuO
SECTION 5: COST PROPOSAL
City of Milton
MUST BE RETURNED WITH BID
One (1) original and four (4) copies of the "cost proposal" shall be submitted in a separately sealed envelope
before the required deadline. The Offerors cost proposal shall be a fixed price/ lump sum amount and
signed by and authorized agent of the company, please include a rate schedule if additional work is
requested that is associated with the RFP. This is for informational purposes and is not part of the evaluation.
There is no maximum page limit to section 5.0.
Print/Type Company Name Here:
Urban Collage, Inc.
Fixed Price offer for RFP 11-CD01 (FY11 Hwy 9 -Hwy 400 Small Area Master Plan)
$125,000
Proposed rate per hour schedule if additional work is requested associated with the RFP.
(Not part of the evaluation)
See Attached Hourlv Rates
Authorized Signature
s=�
Print/Type Name Robert J
Principal
Print/Type Company Name Here Urban Collage, Inc.
Date June 7, 2011
FY11 HIGHWAY 91 HIGHWAY 400 SMALL AREA MASTER PLAN
COST PROPOSAL
F
URBAN Collage
URBAN COLLAGE, INC.
121 Luckie Street NW
Suite 200
Atlanta, GA 30303
CIiLI�'f:%�iY�i
HOURLYNAME
URBAN COLLAGE, INC.
Eric S. Bosman, AICP
$135
Matt Cherry
$95
Dennis J. Madsen
$95
Niti Gajjar
$85
KIMLEY HORN AND ASSOCIATES, INC.
Rob Ross, P.E.
$185
Cristina Pastore, AICP, P.E.
$145
James Fowler, P.E., LEED AP
$135
F
URBAN Collage
URBAN COLLAGE, INC.
121 Luckie Street NW
Suite 200
Atlanta, GA 30303
CIiLI�'f:%�iY�i
Exhibit C
Eric Bosman
Cristina Pastore
PG. 21
��� City of Millon
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or 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 "E." 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 P' o rogram Us r Identification Number
BY: Auth fe (f Officer or Agent Date
Urban Col , Inc.
Principal
k/1 �1 IMS
Title of Authorized Officer r Agent of Contractor
Robert J. Be le
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
c N DAY OF Wa 6t,(s -r , 201/
Notary Public
My Commission Expires: October 19, 2012
City of Milton
PG. 1
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of
services under a contract with (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.
33�Ig1
EEV /Basi Pilot Progra User Identification Number
BY: A ho ' Of or Agent Date
RCLCO (Robert Charles Lesser & Co.)
a I
nm DICIT
Title of Auth z Officer or Agent of Subcontractor
V1
Printed of A t rized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF. , 201
Not,�Py Public U
My Commission Expires:
LORRAINE PAGAN
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE057134
41VICE 1'V Expires 1!23/2015
City of Milton
PG. 1
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "F"
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.
I LVy (-S
EEV / Basic Pilot Program User Identification Number
6)k/�
BY:orized Officer or Agent Date
[INSERT SUBCONTRACTOR NAME]!
Title of Authorized Officer or Agent of Subcontractor
dffi✓ � �yi�L��,�
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
(\,k DAY OF v �e , 2011
Notary Public
My Commission Expires:
47
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: August 22, 2011
Meeting Date: September 7, 2011
Agenda Item: Approval of an Agreement between the City of Milton, Birmingham United
Methodist Church and Special Events Network for the “B at the Movies”
Event on September 10, 2011.
Background:
The City of Milton will be hosting an outdoor movie event called “B at the Movies” through the
Special Events Network on Saturday, September 10, 2011 at Birmingham United Methodist
Church.
Discussion:
Special Events Network is a company that provides equipment and services for outdoor movies
events. They have an agreement with B98.5FM for the “B at the Movies” summer movie series
throughout metro-Atlanta and allow various municipalities to host a movie showing. We asked
and were selected to host a movie here in Milton. There is no exchange of money for this event.
The City is responsible for securing an appropriate venue, marketing the event, and handling
security and parking as needed. The only expense to the City will be minimal staff time and the
rental of two portable toilets for the event. The movie selected for the event is “Tangled”.
The City of Milton partnered with Special Events Network for this event in 2010. Unfortunately,
it was rained out just prior to the movie starting. Approximately 250 were in attendance when
the rain began. They are easy to work with and provide a great community event at no charge
to the City.
Attachments:
An agreement between the City of Milton, Birmingham United Methodist Church and Special
Events Network for the “B at the Movies” event on September 10, 2011.
City of Milton Birmingham United Methodist Church
_____________________, 2011
Memo of Understanding:
The following MOU is made among “Special Events Network LLC.”
(hereafter referred to as “Special Events Network” or “SEN”), the City of Milton,
Georgia (hereafter referred to as “Milton”), and Birmingham United Methodist Church,
Inc. (hereafter referred to as “BUMC”).
Date of event: Saturday September 10h, 2011
Movie Start Time: Movie Begins at Dark (approximately 8:15PM)
Setup Arrival Time: 4:00PM
Main Contact:
John Rebar (678) 242-2489 john.rebar@cityofmiltonga.us
Location: Birmingham United Methodist Church (grassy field), 15770 Birmingham
Highway, Alpharetta, Georgia 30004
Movie: Tangled
BUMC will provide:
Access to and a right of entry onto its property, for purposes of the event, to Special
Events Network, Milton, and attendees of the event.
Milton will provide:
A smooth flat area approximately 60ft. wide and 60ft. deep to be used for set up of 45 foot inflatable
movie screen at BUMC
Designated safe areas where the anchoring system (tent stakes) can be installed for securing the
movie screen at BUMC
Area to the rear of screen must be accessible for a 24ft. truck for load in and load out of the sound
and projection equipment at BUMC
Existing electrical service utilization from pole near amphitheatre at BUMC
Traffic control and security services
Clean up of the area after the event
Any security or parking assistance deemed necessary by the city
Adequate restroom facilities to include one standard and one handicapped accessible port-a-potty
Promotional support of the event
Exclusive sales rights to SEN for glow products
Exclusive sales rights to SEN for concession sales
Exclusive sponsorship rights to SEN for event
Right to on site presence for all SEN event sponsors (“Sponsors”), provided that the identity of all
Sponsors shall be provided in writing to Milton and BUMC no later than September 8, 2011, and all
Sponsors shall be acceptable to Milton and BUMC
Right to on site presence for employees and agents of Cox Radio, Inc. d/b/a B98.5 FM (“B98.5 FM”)
Right to partner with B98.5 FM for media promotion
There will be no production fee paid to Special Events Network for this event by The City of Milton or
BUMC. This is a free event, all production fees are the responsibility of Special Events Network.
Special Events Network will provide:
Set up and breakdown of all equipment required for high quality presentation on a 45ft. wide
outdoor movie screen (Harkness Hall rear projection screen, 6,500 lumen digital
projector, and Macke sound system capable of covering audiences up to 5000 people)
All licensing fees required for non-theatrical presentation of outdoor movie. Special Events Network
shall secure all necessary rights, including but not limited to the permission of any copyright owner,
and pay any necessary licensing, royalty, or other fees related to the showing of the selected movie
as contemplated by this MOU. Special Events Network shall ensure that the showing of the selected
movie occurs in compliance with all applicable federal, state and local laws and regulations. Special
Events Network shall indemnify, save and hold harmless Milton, BUMC and their officers,
employees, representatives and agents from any liability, damages or claims resulting from the
violation or infringement of any copyright or similar intellectual property right, right of privacy or other
statutory or common law right of any person, firm or corporation.
All required certificates of insurance for up to 5 million in liability coverage
Exclusive sales of „Glow in the Dark‟ products
Exclusive concession sales
Event Promotion in partnership with B98.5 FM.
Exclusive Sponsor sales for event
Oversight of Sponsors and B98.5 FM
Generators to run production at no additional cost
Certificate of liability listing Milton and BUMC as additional insured to be provided at the execution of
this MOU
Liability, Hold Harmless
Each party to this MOU agrees and acknowledges that it shall be solely responsible for any and all
liabilities that may result from its performance of its respective obligations under this MOU. Each
party to this MOU agrees, to the extent if any allowed by law, to indemnify and hold harmless the
other parties against any costs, expenses, causes of action, or other claims based upon personal
injury, death, or damage to property (“Claims”) that may result from any party‟s performance of its
obligations under this MOU, except to the extent that any such Claim may also result from another
party‟s willful or negligent act or omission. Additionally, SEN shall indemnify and hold harmless
Milton and BUMC against any Claims that may result from the presence of all or any Sponsors
and/or B98.5 FM at the event.
Postponements
Movies that are postponed due to weather conditions may be rescheduled to a mutually agreed
to date or may be cancelled. This will be determined by Special Events Network.
The above terms are agreed to on this ________ day of _________________, 2011.
By: ___________________ By:_______________ By: __________________
Bruce Piefke
CEO Title:______________ Title__________________
Special Events Network BUMC The City of Milton
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: August 25, 2011
Meeting Date: September 7, 2011
Agenda Item: Approval of a Revised Parks and Recreation Event License
Agreement Between the City of Milton and Kolleen Riddick of
CorePhysique to Offer Fitness Camp Classes and Other Related
Programs
Background:
The Parks and Recreation Department is eager to offer programs and additional services to the
citizens of Milton. Many of these programs may be offered by outside providers through a
license agreement with the City of Milton based on a submitted program proposal rather than
offering these programs through a paid independent contractor or a paid employee of the City.
Discussion:
This is a revision of the original agreement with Kolleen Riddick and CorePhysique approved on
May 16, 2010. The fitness camp classes have been going very well and the new fitness programs
this summer were a huge success. Kolleen is ready to expand her program offerings further and
needs to increase her fees to account for additional investment into these program offerings
including staff, time, and materials. Her fees are still at or below market rate. New classes are set
to begin in September with even more program offerings coming in the Winter & Spring. The
commission rate of 20% will remain the same.
Attachments:
A Revised Parks and Recreation Event License Agreement Between the City of Milton and
Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other Related Programs.
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
(rev 8-25-2011)
In consideration of the mutual promises made herein, this License is entered into on this day of
, 2011 by and between, the City of Milton, Georgia (hereinafter the "City") and Kolleen
Riddick of CorePhysigue, LLC (hereinafter "Licensee"):
1. Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Bell Memorial Park and Bethwell Community Center (the "Premises"), for Milton Fitness Camp Classes (the
"Event(s)") beginning on September 6, 2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access over the City's property to the Premises for the purpose of conducting the Event(s). The Licensee
shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein
and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License
immediately for convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance
with the terms and conditions described in Exhibit "A," attached hereto and incorporated herein by reference. As
further consideration for this License, Licensee shall pay to the City 20% of all class participation fees. Licensee
shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any City facility have
been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any
safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if
applicable, for locking the City facility and securing any City equipment used by Licensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations relating to the City's property, except as are more
specifically modified by this License Agreement. This provision shall be enforceable by the City, and failure of
Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation
of the Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City, its officers, boards, commissions, elected
officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and
expenses, including but not limited to attorney's fees, resulting from:
i. Any and all loss and/or damage to the City or its property caused by the Licensee and/or by any guest
of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
iii. Any other occurrence that results from the Event(s).
2. Miscellaneous Provisions:
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Contractor shall pay reasonable attorney's fees to the City should the City be required to incur attorney's
fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Contractor.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who execute this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
Joe Lockwood, Mayor
For the Licensee:
Kol en Riddick, CorePhysique, LLC, Member
2
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
Exhibit "A"
(rev 8-25-2011)
Licensee: Kolleen Riddick, CorePhysique, LLC
Term: Beginning September 6, 2011, Ending September 6, 2012 (Annual Renewal Option)
Program/Activity/Event: Fitness Camp Classes
Location: Bell Memorial Park, Bethwell Community Center, Hopewell Middle, Birmingham Falls
Elementary, & Cogburn Woods Elementary Schools.
Time(s): 5:45 a.m., 7:30 a.m., 8:20 a.m., 8:45 a.m., 9:15 a.m., 3:30 p.m., & 7:15 p.m.
Day(s): Monday - Friday
Registration Process: www.corephysique.net
Fees Charged By Licensee: Boot Camp - $120 per 12 sessions (4 weeks) for Milton residents; $180 for
non-residents. 8:05- 8:25a.m.will be a short core class for existing campers $30 for the twelve sessions
every M, W, F. Evening Class (Tu & Th): $90 per 8 sessions for Milton residents; $135 for non-residents.
Mom's Boot Camp (M, W, F) $120 per 12 sessions (4 weeks) for Milton residents; $180 for non-residents.
Family Fit Camps - $100 per family at Hopewell MS, Cogburn Woods ES, & Birmingham Falls ES.
After School Fit Camp for Kids - $170 per 14 sessions at BFES
Speed & Agility Clinic for Sports Performance - $120 per 8 sessions at Hopewell MS
Fit Camp for Seniors - $100 per 8 sessions for Milton residents; $150 for non-residents
Running Club - $200 per 20 sessions for Milton residents; $300 for non-residents
Commission Rate Paid to City of Milton: 20% of all participation fees
Payments Made: Two weeks after the end of each 4 -week session
Reporting Documentation Required: Class rosters with fees paid
Limitations: Minimum of 15 participants required; Maximum of 30
Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent
Verification, References, Experience, Certifications, and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
3
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 1 of 45
AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY OF
MILTON CODE OF ORDINANCES TO AUTHORIZE THE BROWN BAGGING OF
ALCOHOLIC BEVERAGES BY INDIVIDUALS INTO ESTABLISHMENTS POSSESSING A
BROWN BAG ESTABLISHMENT ALCOHOL LICENSE
WHEREAS, Chapter 4 of the City of Milton Code of Ordinances regulates the sale of alcoholic
beverages within the City of Milton; and
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 1, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to Alcoholic Beverages in the City of Milton is
amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of August, 2011.
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 2 of 45
Sec. 4-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
Alcoholic beverage includes all alcohol, distilled spirits, beer, malt
beverage, wine or fortified wine as defined in this section.
Applicant means the person, partner, firm or corporation, as owner, or
other entity authorized to represent the business making application for the
license.
Beer or malt beverage means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or any other
product, or any combination of such products in water containing not more than
14 percent alcohol by volume.
(1) The term "beer or malt beverage" includes ale, porter, brown, stout,
lager beer, small beer, and strong beer.
(2) The term "beer or malt beverage" also includes beverages known
as "nonalcoholic beer." The term "nonalcoholic beer" means a
beverage which is made by the fermentation of any infusion or
decoction of barley, malt, hops, or other products, and containing
less than three percent, but more than one-tenth percent alcohol by
volume.
(3) The term "malt beverage" does not include sake, known as
Japanese rice wine.
Bottle house (Brown bag establishment or brown bagging or brown
bagged) means any place of business open to the public or any private club
which allows guests, patrons or members to bring in and consume the guest's,
patron's or member's wine on the premises. Throughout this chapter the phrase
Bottle house establishment or Brown bag establishment are used
interchangeably and are considered synonymous. Brewpub means an
accessory use to a permitted restaurant where distilled spirits, malt beverages or
wines are licensed to be sold and where beer or malt beverages are
manufactured or brewed for consumption on the premises and solely in draft
form.
Church building means the main structure used by any religious
organization for the purpose of worship.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
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Distilled spirits or spirituous liquor means any alcoholic beverage
obtained by distillation or containing more than 21 percent alcohol by volume
including, but not limited to, all fortified wines.
Eating establishment means any public place, including a place available
for rental by the public selling prepared food for consumption by the public on
the premises with a full-service kitchen.
(1)
The term "full-service kitchen" consists of:
a. A three-compartment pot sink;
b. A stove or grill permanently installed; and
c. A refrigerator all of which must be approved by the health and
fire departments.
(2) An eating establishment will be prepared to serve food every hour
they are open and will derive as least 50 percent of its annual gross food
and beverage sales from the sale of prepared mea ls or food.
Fixed salary means the amount of compensation paid any member,
officer, agent, or employee of a bona fide private club as may be fixed for him or
her by its members at a prior annual meeting or by the city council out of the
general revenue of the club and shall not include a commission on any profits
from the sale of alcoholic beverages. For the purpose of this definition, tips or
gratuities which are added to the bills under club regulation shall not be
considered as profits from the sale of alcoholic beverages.
Fortified wine means any alcoholic beverage containing more than 21
percent alcohol by volume made from fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added. Fortified wine
includes, but is not limited to, brandy.
Golf club means a golf facility consisting of a clubhouse or a professional
golf shop and a regulation or executive length golf course of at least nine holes,
as recognized by the United States Golf Association, the Profess ional Golfers
Association of America, and the Georgia State Golf Association.
Hotel means any building or other structure providing sleeping
accommodations for hire to the general public, either transient, permanent, or
residential. Such hotels shall maintain a minimum of 50 rooms available for hire
and have one or more public dining rooms with an adequate kitchen. Motels
meeting the qualifications set out in this definition for hotels shall be classified in
the same category as hotels. Hotels shall have the privilege of granting
franchises for the operation of any licensed establishment described in this
chapter and the holder of such franchise shall be included in this definition.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 4 of 45
License means an authorization granted by the city to operate as:
(1) A retail consumption dealer;
(2) A retail package dealer;
(3) A wholesale dealer; or
(4) A Bottle house / A Brown bag establishment.
Licensee means the individual to whom a license is issued or, in the case
of a partnership or corporation, all partners, officers, and directors of the
partnership or corporation.
Liter means the metric measurement currently used by the United States.
Manufacturer means any maker, producer, or bottler of an alcoholic
beverage. The term "manufacturer" also means:
(1) In the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits;
(2) In the case of malt beverages, any brewer; and
(3) In the case of wine, any vintner.
Package means a bottle, can, keg, barrel, or other original consumer
container. The term "retail package alcoholic beverages" includes all alcoholic
beverages in their original container, sold at retail to the final consumer, and not
for resale.
Pouring permit means an authorization granted by the city to cork,
dispense, sell, serve, take orders, or mix alcoholic beverages in establishments
licensed as a retail consumption dealer or Brown bag establishment.
Premises means the definite closed or partitioned-in locality, whether
room, shop, or building wherein distilled spirits are dispensed for consumption
on the premises by the drink.
Private club means any nonprofit association organized under state law
which:
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 5 of 45
(1) Has been in existence at least one year prior to the filing of the
application for a license to be issued pursuant to this chapter;
(2) Has at least 75 regular dues-paying members;
(3) Owns, hires or leases a building or space within a building for the
reasonable use of its members with:
a. Suitable kitchen and dining room space and equipment; and
b. A sufficient number of employees for cooking, preparing and
serving meals for its members and guests;
(4) Has no member, officer, agent or employee directly or indirectly
receiving in the form of salary or other compensation any profits from the
sale of alcoholic beverages beyond a fixed salary.
Retail consumption dealer means any person who sells alcoholic
beverages for consumption on the premises, at retail, only to consumers and not
for resale.
School building or educational building applies only to state, county, city,
or church school buildings and to such buildings at such other schools in which
are taught subjects commonly taught in the common schools and colleges of the
state and which are public schools and private schools as defined in O.C.G.A. §
20-2-690(b). The term "school building" includes only those structures in which
instruction is offered.
Sports club means an association or corporation organized and existing
under state law, organized and operated primarily to provide a location for the
patrons thereof to engage in sporting events.
(1) To qualify for an alcoholic beverage consumption dealer's license, a
sports club must have been actively in operation within the city at least
two years prior to an application for license under this chapter; provided,
however, the two-year operational requirement shall not apply to golf club
associations or golf club corporations where the selling or the serving of
alcoholic beverages is to take place on the golf course premises.
(2) A sports club organized or operated primarily for serving alcoholic
beverages shall not qualify for licensing under this chapter, and
accordingly shall not be permitted to serve alcoholic beverages at any
time.
STATE OF GEORGIA
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(3) Unless otherwise indicated, a sports club licensee shall comply with
all other requirements imposed upon retail consumption dealers.
Retail package dealer means any person who sells unbroken packages,
at retail, only to consumers and not for resale.
Wholesaler or wholesale dealer means any person who sells alcoholic
beverages to:
(1) Other wholesale dealers;
(2) Retail dealers; or
(3) Retail consumption dealers.
Wine means any alcoholic beverage containing not more than 21 percent
alcohol made from fruits, berries, or grapes either by natural fermentation or by
natural fermentation with brandy added.
(1) The term "wine" includes, but is not limited to, all:
a. Sparkling wines, champagnes, and combinations of such
beverages;
b. Vermouths; and
c. Special natural wines, rectified wines, and like products.
(2) The term "wine" does not include cooking wine mixed with salt or
other ingredients so as to render it unfit for human consumption as a
beverage.
(3) A liquid shall first be deemed to be a wine at the point in the
manufacturing process when it conforms to this definition.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 2), 12-6-2007)
State law reference— Similar definitions, O.C.G.A. § 3-1-2.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 7 of 45
Sec. 4-2. - Penalty; misdemeanor.
(a) A violation of any section of this chapter shall be unlawful, the penalty shall
be as provided by law for misdemeanors. In addition, the license of any licensee
contributing thereto shall be subject to suspension or revocation in accordance
with this chapter.
(b) Any such violation may be tried in the city municipal court if no jury trial is
demanded, otherwise trial shall be in the state court of Fulton County.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 2, § 2), 12-6-2007)
State law reference— Punishment for misdemeanors generally, O.C.G.A. § 17-
10-3; maximum punishments which may be imposed for violations of city or
county ordinances, O.C.G.A. § 36-1-20.
Sec. 4-3. - License is a privilege.
(a) Granted by mayor and city council. Alcoholic beverages may be sold in the
city under a license granted by the mayor and city council upon the terms and
conditions provided in this chapter.
(b) Privilege. All licenses in this chapter shall be a mere grant of privilege to
carry on the business during the term of the license, subject to all the terms and
conditions imposed by this Code and state law.
(c) Required language. All licenses pursuant to this chapter shall have printed
on the front these words:
"This license is a mere privilege subject to being revoked and annulled, and is
subject to any further ordinances that may be enacted by the city."
(d) Compliance with state law required. Any holder of a license issued pursuant
to this chapter to operate as a retail consumption dealer, a retail package dealer,
or a wholesale dealer is required to apply for and obtain an alcoholic beverage
license from the state before any sales commence. Additionally, city licensees
are required to abide by all applicable state regulations and la ws.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 1), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 1), 12-6-2007)
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 8 of 45
State law reference— License as privilege, O.C.G.A. § 3-3-1; permit or license
from governing authority required for wholesale or retail sales of alcoholic
beverages; due process guidelines; fingerprints, O.C.G.A. § 3 -3-2.
Sec. 4-4. - Delinquent taxes; city authority to execute.
If any person shall fail to pay the sum due under this chapter, the city
manager or his or her designee shall issue an execution against the person so
delinquent and his or her property for the amount of the delinquent fee or tax.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 13), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 13), 12-6-2007)
Sec. 4-5. - Notice.
For the purpose of this chapter, notice shall be deemed delivered
personally, or served by certified mail within three days after the date of deposit
in the United States mail.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 20), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 20), 12-6-2007)
Sec. 4-5. - Required; sales restricted to licensed premises.
It shall be unlawful for any person to sell or possess for the purpose of sale any
alcoholic beverage where the person does not have a license granted by the city to sell
or possess for sale these alcoholic beverages, or to sell or make deliveries beyond the
boundaries of the premises covered by the license , or to allow brown bagging.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 4), 12-6-2007)
Sec. 4-26. - Fees.
(a) Required.
(1) Each application for a license under this chapter shall be accompanied by a
processing fee in an amount established by the city council to defray
investigative and administrative costs. The processing fee shall be nonrefundable
except as provided in this section.
(2) Any person applying for more than one license shall pay only one processing
fee to defray investigative and administrative expenses, which fee shall be the
largest of the processing fees authorized under this Code. As to any applicant for
a license under this chapter who has in existence at the time of making the new
application an existing license under this chapter, there shall be no investigative
and administrative fee.
(3) Upon issuance of the license, the applicant shall make payment of the
license fee in the amount established by the city council.
(b) Proration. All licenses granted under this chapter shall be for the calendar year, and
the full license fee must be paid for a license application filed prior to July 1 of the
license year. One-half of a full license fee shall be paid for any license application filed
after July 1 of the license year except for applications for temporary licenses.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 9 of 45
(c) Late fees and interest. Any person applying for a new license issued under this
chapter who shall pay the required fee, or any portion thereof, after January 1 shall, in
addition to the annual fee and late charges, pay simple interest of one percent per
month on the delinquent balance.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 16, art. 4, § 5), 12-6-2007)
State law reference— Maximum fees for municipal and county licenses, O.C.G.A. § 3-
4-50.
Sec. 4-27. - Promotions and sales.
(a) No licensee or employee or agent of a licensee, in connection with the sale or other
disposition of alcoholic beverages for consumption on the premises, shall:
(1) Offer or deliver any free alcoholic beverage to any person or group of
persons.
(2) Deliver more than two alcoholic beverages to one person at a time, however,
nothing herein shall prohibit a brewpub from offering a sampler of malt beverages
in containers not exceeding four ounces. Each sampler shall not exceed four
different types of malt beverages.
(3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverage at a price less than the price regularly charged for such alcoholic
beverage during the same calendar week, except at private functions not opened
to the public.
(4) Sell, offer to sell, or deliver to any person or group of persons an unlimited
number of alcoholic beverages during any set period of time for a fixed price,
except at private functions not open to the public.
(5) Sell, offer to sell, or deliver alcoholic beverages to any person or group of
persons on any one day at prices less than those charged the general public on
that day, except at private functions not opened to the public.
(6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in
any container which holds more than 32 fluid ounces (0.947 liters), except to two
or more persons at any one time.
(7) Increase the volume of alcohol contained in a drink without increasing
proportionately the price regularly charged for such alcoholic beverage during the
same calendar week.
(8) Encourage or permit on the licensed premises any game or contest which
involves the drinking of alcoholic beverages or the awarding of alcoholic
beverages as a prize.
(b) Each licensee shall maintain a schedule of the price charged for all alcoholic
beverages to be served and consumed on the licensed premises or in any room or part
thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour-
to-hour within a single day. The schedule of prices shall be posted in a conspicuous
manner so as to be in view of the paying public, and the schedule shall be effective for
not less than one calendar week.
(c) No licensee shall advertise or promote in any way, whether within or without the
licensed premises, any of the practices prohibited under this section.
(d) No provision of this section shall be construed to prohibit licensees from:
(1) Offering free food or entertainment at any time;
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 10 of 45
(2) Including an alcoholic beverage as part of a meal package; or
(3) Selling or delivering wine by the bottle or carafe when sold with meals or to
more than one person.
(e) It is the intent of this section to prohibit activities typically associated with
promotions referred to as "happy hour" or similarly designated promotions.
(f) The police department shall have the responsibility for the enforcement of this
chapter.
(g) No licensee may require the purchase of any alcoholic beverage as a part of or
prerequisite to the purchase of any other product or service. If alcoholic beverages are
included as part of a package of other goods and services, the alcoholic beverages
must be priced separately and all customers must be allowed to purchase the remaining
goods and services without the alcoholic beverages at a price from which the full price
of the alcoholic beverages has been deducted.
(Ord. No. 06-11-13, § 1(ch. 7, art. 9, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
9, § 1), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-6-25.1; limitations with
regard to posting of signs by retail dealer of distilled spirits, O.C.G.A. § 3-4-3.
Secs. 4-28—4-46. - Reserved.
Separate application and license for each location of sale.
Separate applications must be made for each location and separate licenses must be
issued.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 7), 12-6-2007)
Sec. 4-48. - Required.
(a) City form. All persons desiring to sell alcoholic beverages, or allow brown bragging
shall make an application on the form prescribed by the city manager.
(b) Contents. The application shall include, but not be limited to:
(1) The name and address of the applicant;
(2) The proposed business to be carried on;
(3) If a partnership, the names and residence address of the partners;
(4) If a corporation, the names of the officers;
(5) The names and address of the registered agent for service of process;
(6) The name of the manager; and
(7) The name of all shareholders holding more than 20 percent of any class of
corporate stock, or any other entity having a financial interest in each entity which
is to own or operate the establishment for which a license is sought.
(c) Financial information. All applicants shall furnish such financial and other
information and records as may be required by the city manager to ensure compliance
with the provisions of this chapter. Failure to furnish the information and records
pursuant to such request shall automatically serve to dismiss the application with
prejudice.
(d) Notary. All applications shall be sworn to by the applicant before a notary public or
other officer empowered by law to administer oaths.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-49. - Affidavit regarding criminal history required.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 11 of 45
At the time an application is submitted for any alcoholic beverage license, the applicant
shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other
owners of the establishment, has been convicted of, or pleaded guilty or entered a plea
of nolo contendere and has been released from parole or probation to any crime
involving:
(a) Moral turpitude;
(b) Illegal gambling;
(c) Illegal possession or sale of controlled substances;
(d) Illegal possession or sale of alcoholic beverages, including the sale or transfer of
alcoholic beverages to minors in a manner contrary to law;
(e) Keeping a place of prostitution;
(f) Pandering;
(g) Pimping;
(h) Public indecency;
(i) Prostitution;
(j) Solicitation of sodomy; or
(k) Any sexually related crime within a period of ten years immediately prior to the filing
of such application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-50. - Withdrawal by applicant; refunds.
(a) Any license application made pursuant to this chapter may be withdrawn by the
applicant at any time.
(b) If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded less applicable processing fees. After issuance of the
license, no refunds will be made. No refunds shall be made under any circumstances
for investigative and administrative expenses required in this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 9), 12-6-2007)
Sec. 4-51. - Notice.
(a) Posting on premises to be licensed.
(1) Required; specifications. The applicant for an original license including a
brown bag license shall, at his or her own expense, post a notice on the
premises to be licensed. The notice shall be posted for at least 15 days prior to
the date of the hearing. The notice shall be on a sign having a surface of not less
than 12 square feet. The notice shall be painted or printed in black letters at least
three inches in height against a white background. The notice shall state:
a. That an application for a license to allow brown bagging or sell
alcoholic beverages on the premises has been filed with the city;
b. The type of license applied for;
c. The time and place of the public hearing to be held on such license
application; and
d. The names in which the license is to be issued.
(2) Placement. The advertisement shall be placed with the base of the sign not
more than three feet from the ground on the most conspicuous part of the
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 12 of 45
premises, facing the most frequently traveled road, street or highway abutting
same, and not more than ten feet there from.
(b) Publication.
(1) Contents. The city treasurer shall prepare and cause to be published a notice
of each pending application, which notice shall include:
a. The date the application will be considered by the city council;
b. The location or street number of the premises where the applicant
proposes to conduct activities permitted by this chapter; and
c. The applicant's name.
(2) Costs. The applicant shall pay the publication costs.
(3) Newspaper of general circulation. The notice shall be published in a
newspaper of general circulation within the city, and shall appear once a week for
two weeks immediately preceding consideration of the application by the city
council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
State law reference— Governing authority shall set forth ascertainable standards
pertaining to the granting, refusal, suspension or revocation of alcoholic beverage
permits or licenses, O.C.G.A. § 3-3-2.
Sec. 4-52. - Approval by ordinance.
All applications for alcoholic beverage licenses shall be approved via ordinance by th e
city council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-53. - Denial.
(a) Notice required. The city manager shall provide written notice to any applicant
whose application is denied under the provisions of this chapter. Such written
notification shall set forth in reasonable detail the reasons for such denial and shall
advise the applicant of the right to appeal under the provisions of this c hapter.
(b) Reapplication permitted after one year. In all instances in which an application is
denied under the provisions of this chapter the applicant may not reapply for a license
for at least one year from the final date of such denial.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Secs. 4-54—4-72. - Reserved.
Applicants.
(a) No license issued pursuant to this chapter for alcoholic beverages shall be granted
to any person who is not a citizen of the United States or an alien lawfully admitted for
permanent residence.
(b) If the applicant is a partnership or corporation, the provisions of this section shall
apply to all its partners, officers and majority stockholders. Issuance of the license shall
be as follows:
(1) In the case of a corporation the license shall be issued jointly to the corporation and
the majority stockholder, if an individual. If the majority stockholder is not an individual,
the license shall be issued jointly to the corporation and its agent registered under the
provisions of this chapter.
STATE OF GEORGIA
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(2) In the case of a partnership, the license will be issued to all the partners owning at
least 20 percent of the partnership; or if no partner owns 20 percent of the partnership,
then the general partner, managing partner or the partner with the greatest ownership
will be licensed.
(c) No person shall be granted any alcoholic beverage license unless it shall appear to
the satisfaction of the city manager or his or her designee that such person, partners in
the firm, officers and directors of the corporation have not been convicted or plead guilty
or entered a plea of nolo contendere, and has been released from parole or probation,
to any crime involving:
(1) Moral turpitude;
(2) Illegal gambling;
(3) Illegal possession or sale of controlled substances;
(4) Illegal possession or sale of alcoholic beverages, including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
(5) Keeping a place of prostitution;
(6) Pandering;
(7) Pimping;
(8) Public indecency;
(9) Prostitution;
(10) Solicitation of sodomy; or
(11) Any sexually related crime within a period of ten years immediately prior to
the filing of such application.
(d) No license issued pursuant to this chapter for alcoholic beverages shall be granted
to any person convicted under any federal, state or local law of any felony, within ten
years prior to the filing of application for such license.
(e) It shall be unlawful for any city employee directly involved in the i ssuance of
alcoholic beverage licenses under this chapter to have any whole, partial or beneficial
interest in any license to sell alcoholic beverages in the city.
(f) No license issued pursuant to this chapter for alcoholic beverages shall be granted
to any person who has had any license issued under the police powers of any
jurisdiction within the state previously revoked within two years prior to the filing of the
application.
(g) The city manager may decline to issue a license when any person having any
ownership interest in the operation of such place of business or control over such place
of business does not meet the same character requirements as set forth in this section
for the licensee.
(h) All applicants for any alcoholic beverage license must be of good character, and all
operators, managers, clerks, or other employees shall be of like character. Corporate or
firm applicants shall be of good business reputation.
(i) A license application may be denied to any applicant for any alcoholic be verage
license where it appears that the applicant would not have adequate financial
participation in the proposed business to direct and manage its affairs, or where it
appears that the application is intended to be a mere surrogate for a person who would
not otherwise qualify for a license for any reason whatsoever.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
STATE OF GEORGIA
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Page 14 of 45
Sec. 4-74. - Effect of prior criminal history; exceptions.
(a) An applicant's first time conviction for illegal possession of alcohol as a
misdemeanor or violation of a city ordinance shall not, by itself, make an applicant
ineligible for an alcoholic beverage license.
(b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall
be ignored as to any offense for which a defendant who was allowed to avail
themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except,
however, that any such offense shall not be ignored where the defendant violated any
term of probation imposed by the court granting first offender treatment or committed
another crime and the sentencing court entered an adjudication of guilt as to the crime
for which the defendant had previously been sentenced as a first offender.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-75. - City manager permitted discretion concerning qualifications.
(a) The city manager, in his or her discretion, may consider any extenuating
circumstances which may reflect favorably or unfavorably on:
(1) The applicant;
(2) The application; or
(3) The proposed location of the business.
(b) If, in the city manager's judgment, circumstances are such that granting of the
license would not be in the general public's best interest, such circumstances may be
grounds for denying the application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Secs. 4-76—4-95. - Reserved.
FOOTNOTE(S):
(18) State Law reference— Local discretion and due process as to grant or suspension
of permits, O.C.G.A. § 3-3-2. (Back)
Sec. 4-96. - Registered agent required.
All licensed establishments must have and continuously m aintain in Fulton County,
Georgia, a registered agent upon whom any process, notice or demand required or
permitted by law or under this chapter to be served upon the licensee or owner may be
served. This person must be a resident of the county. The licensee shall file the name of
such agent, along with the written consent of such agent, with the city manager and
shall be in such form as he or she may prescribe.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-97. - Notice of change in management required.
If the manager of the licensed premises changes, the licensee must furnish the city
treasurer's office with the name and address of the new manager a nd other information
as may be required by the city council within ten days of such change.
STATE OF GEORGIA
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Page 15 of 45
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-98. - Display of license at place of business required.
The city alcoholic beverage license shall at all times be kept plainly exposed to view to
the public at the place of the business of the licensee.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 15), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 15), 12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-3-3.
Sec. 4-99. - Limited circumstances where transfer of license permitted.
(a) No license for the sale of alcoholic beverages shall be transferable, except as
otherwise provided in this section.
(b) In case of the death of a licensee, the establishment shall be allowed to continue to
sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from the
date of death or until the expiration of the license or until approval of a new licensee,
whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed
until such time as a personal representative of the estate, appointed b y a probate court
of competent jurisdiction, shall make an application for authorization with the city
manager.
(c) If a license is surrendered or a licensee severs his or her association with a licensed
establishment, the establishment may continue to sell alcoholic beverages, or allow
brown bagging, for a period of 45 days from the date of surrender, or from the date
determined by the city manager to be the date of severance; provided no such sale , or
brown bagging shall be authorized until such time as a new application for a license is
made. The application shall indicate that no change of ownership has occurred, except
as excepted in this section. Upon issuance of a new license, the authorization to sell or
allow brown bagging under the previous license shall be revoked by operation of law.
No additional license fees shall be required during the period for which the original
license was issued.
(d) Nothing in this section, however, shall prohibit one or more of the partners holding a
license to withdraw from the partnership in favor of one or more of the partners who
were partners at the time of the issuance of the license. This section shall not prohibit
transfer of stock between persons who held stock in the corporation at the time of
issuance of the license nor shall it prohibit transfers of stock which do not result in any
person increasing his or her stock holdings to a total of ten percent or more of any class
of stock.
(e) Except as provided in subsections (a) through (d) of this section, any change in the
ownership of any entity owning a licensed establishment shall cancel and revoke any
license pursuant to this chapter automatically, without the necessity of any hearing.
(f) Violation of this section shall result in the revocation of the license being used and a
fine on the new ownership and the old ownership as provided in this chapter.
(g) No license will be issued to the old or the new owner in the county for one year from
the date of the violation of this section.
(h) Should a licensee make application to the city manager for a transfer of location and
should such a transfer of a location be approved, with no change of ownership of the
business, the license fee paid for the previous license shall be applied to the new
STATE OF GEORGIA
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Page 16 of 45
location. Each applicant for a transfer of location shall pay a transfer fee as set forth
from time to time by city council resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 14), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 14), 12-6-2007)
Sec. 4-100. - Audits.
(a) If the city manager deems it necessary to conduct an audit of the records and books
of the licensee, he or she shall notify the licensee of the date, time and place of the
audit. The city manager may designate the city's internal auditor or other designated
person to perform any audit authorized in this Code. The licensee shall cooperate with
the audit or forfeit any license issued under this chapter.
(b) All establishments possessing a retail consumption, retail package, and/or
wholesale license must maintain the following records for a three-year period and make
them available for audit at the licensed premises:
(1) Monthly income or operating statements.
(2) Daily sales receipts showing liquor, beer, wine and food sales separately
(this requirement does not apply to package beer and wine licensees).
(3) Daily cash register receipts such as Z tapes or guest tickets.
(4) Monthly state sales and use tax reports.
(5) Federal income tax return with all Form 1099s.
(c) The city manager can waive all or some of the requirements of subsection (b) of this
section if the city manager finds that no such records exist and it is not financially
practically-based on the net income of the licensed establishment to require them to
keep such records.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 22 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 22 ), 12-6-2007)
Sec. 4-101. - Expiration; renewal.
(a) All licenses granted under this chapter shall expire on December 31 each year.
Licensees shall be required to file a renewal application with the requisite fee with the
city manager on the form provided for a new or renewal license for the ensuing year.
(b) The applicant for renewal shall be required to comply with all rules and regulations
for the granting of licenses each year, including the submittal of the required data in
order to meet criminal investigative compliance each renewal year.
(c) Alcoholic beverage license renewal applications and payments are due on or before
November 15 of each year. Renewal applications and payments received between
November 16 and December 15 are subject to a ten percent late fee and a one percent
per month simple interest charge on the delinquent balance.
(d) Businesses failing to renew their alcoholic beverage licenses prior to December 15
must reapply for an alcoholic beverage license in which the application will be tre ated as
if no previous license had been held, including the need to review the investigative,
zoning, and distance requirements.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 16), 12-6-2007)
Sec. 4-102. - Automatic forfeiture of license for nonuse.
Any holder of any license under this chapter who shall for a period of three consecutive
months after the license has been issued cease to operate the business and sale of the
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 17 of 45
products authorized shall, after the three-month period, automatically forfeit the license
without the necessity of any further action.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 17), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 17), 12-6-2007)
Secs. 4-103—4-121. - Reserved.
Sec. 4-122. - Due cause required.
(a) Definitions. The term "due cause," for the purpose of suspension or revocation of a
license, means:
(1) The violation of any laws or ordinances regulating the business;
(2) The violation of any state or federal law;
(3) Any reason which would authorize the city to refuse the issuance of a
license; or
(4) Any violation of this chapter.
(b) Notice and hearing. No alcoholic beverage license having been issued shall be
suspended or revoked except for due cause, after a hearing and upon written notice to
the holder of such license of the time, place and purpose of the hearing and a statement
of the charges upon which the hearing shall be held.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-123. - Imposed upon the following circumstances.
The city manager shall impose a suspension of a license, or revoke a license, upon
receiving information of occurrence of any one of the following events:
(a) A license may be denied, or immediately suspended or revoked where the licensee
furnishes fraudulent or untruthful information in the application for a license and for
failure to pay all fees, taxes or other charges imposed under the provisions of this
chapter and state law.
(b) Whenever the state shall revoke any permit or license to sell alcoholic beverages
the city license shall thereupon be automatically revoked. The Police Chief, upon
receiving notice of the state revocation, shall take the necessary steps to see that signs
are removed and that all alcoholic beverage sales and/or brown bagging cease.
(c) Any licensed establishment that is found to be in violation of the provisions of this
chapter shall be subject to immediate license revocation.
(d) The license shall be revoked of any licensee whose license has been suspended
three or more times in any consecutive 12-month period.
(e) The license shall be revoked of a licensee of any premises where alcoholic
beverages have been sold or distributed, or which has allowed brown bagging during a
period of suspension.
(f) The license may be suspended or revoked of any establishment which does not
meet the licensing qualifications set forth in this chapter at any time such knowledge
becomes known to the city officials.
(g) An act or omission of a licensee, owner of more than 20 percent interest in the
licensed establishment, or employee of the licensee or licensed establishment willingly
or knowingly performed, which constitutes a violation of federal or state law or of any
provision of this chapter will subject the licensee to the suspension or revocation of its
license in accordance with the provisions of this chapter, regardless of whether any
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 18 of 45
criminal prosecution or conviction ensues; provided, however, in the case of an
employee, it shall be established that the acts of the employee:
(1) Were known to or under reasonable circumstances should have been known
to the licensee;
(2) Were condoned by the licensee; or
(3) Where the licensee has not established practices or p rocedures to prevent
the violation from occurring.
(h) Whenever it can be shown that a license under this chapter no longer maintains
adequate financial responsibility upon which the issuance of the license was
conditioned, or whenever the licensee has defaulted in any obligation of any kind
whatsoever, lawfully owing to the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Sec. 4-124. - Crimes resulting in immediate revocation.
An alcoholic beverage license shall be immediately revoked and canceled should any
applicant, partner, or officer used in the sale, dispensing, or brown bagging of any
alcoholic beverage, after a license has been granted, be convicted or plead guilty or
nolo contendere to a crime involving:
(a) Moral turpitude;
(b) Illegal gambling;
(c) Illegal possession or sale of controlled substances;
(d) Illegal possession or sale of alcoholic beverages (including the sale or transfer of
alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a
manner contrary to law);
(e) Keeping a place of prostitution;
(f) Pandering;
(g) Pimping;
(h) Public indecency;
(i) Prostitution;
(j) Solicitation of sodomy; or
(k) Any sexual related crime.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-125. - Mandatory suspension periods.
Whenever this chapter permits suspension of any license, but does not mandate the
period of suspension, the following guidelines shall apply:
(a) First suspension in a 12-month period shall not exceed 30 days.
(b) Second suspension in a 12-month period shall not exceed 60 days.
(c) Third suspension in a 12-month period shall cause a revocation of the license and
result in the inability of the licensee to obtain a license from the city for a term of three
years from the date of revocation.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Secs. 4-126—4-144. - Reserved.
Sec. 4-145. - License review board.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 19 of 45
(a) Established. There is hereby established a License Review Board (board)
consisting of the currently seated mayor and six councilmembers.
(b) Duties. The board shall have the following duties:
(1) To hear deferred applications or appeals from administrative decisions b y the
city manager with regard to issuance of licenses, transfers, renewals, change of
ownership or other matters affecting such licenses.
(2) To hear appeals with regard to the issuance or renewal of employee pouring
permits.
(3) To hear any matter involving the revocation or suspension of a license or
other disciplinary action against a licensee, or employee under a work permit.
(4) To consider and act upon any other matter specifically delegated to the
board by city ordinance, resolution or action of the city council.
(c) Authority. The board shall have the authority to hear or determine any matter set
forth in this chapter unless specifically prohibited therefrom.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-146. - Hearing; grounds; notice.
(a) Grounds. Applicants shall be given a hearing on the following grounds:
(1) The application for a license or renewal of a license has been denied ;
(2) The license have been suspended or revoked; and
(3) The licensee is charged with selling alcoholic beverages to a minor or to an
intoxicated person or for allowing brown bagging without a license.
(b) Notice. The licensees mentioned in subsection (a) of this section shall be given
written notice of the date, time and place when the board will consider the respective
matter. The applicant and interested parties shall be afforded the opportunity to be
heard by the board and present evidence to the board prior to making its decision. Ten
days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be
authorized as the board may deem the circumstances to justify.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-147. - Decisions of board; appeal to city council.
(a) The decision of the board shall be in writing and shall be final unless appealed by
the applicant or licensee to the council within ten days of the date of the board's written
decision. The appeal shall be in writing and filed with the city clerk.
(b) The board shall meet at such times as necessary as determined by the board and
shall render decisions within a reasonable time. Four members of the board shall
constitute a quorum, and all decisions of the board shall require a majority vote of the
quorum. Such meeting shall not be scheduled later than 30 days from the time a matter
is filed for hearing or appealed to the board.
(c) The mayor shall serve as chair and minutes and records of all proceedings shall be
recorded by the city clerk and kept and maintained in the city clerk's office.
(d) The council shall conduct a de novo hearing at a regularly scheduled meeting within
30 days of the filing of the appeal to hear evidence and, at the conclusion of such
hearing shall render a decision to uphold the decision made by the board, reverse the
decision made by the board, or in its discretion, modify the decision made by the board.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 20 of 45
The decision of the council shall be rendered not later than its next regularly scheduled
meeting.
(e) The decision of the council as rendered on an appeal under this article shall be final
unless the licensee applies to the Superior Court of Fulton County by filing a petition for
a writ of certiorari within 30 days of the decision rendered by the council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Secs. 4-148—4-166. - Reserved.
Sec. 4-167. - Temporary licenses.
(a) Authority. The city manager is hereby authorized to issue temporary licenses for the
sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject
to the conditions set forth in this section.
(b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such
period as may be determined by the city manager, not to exceed 60 days. No such
license shall be issued unless:
(1) A written application for the same is filed with the city manager.
(2) An application for a permanent license, together with payment in full of the
fee thereof, has been deposited with the city manager.
(3) The city manager is satisfied that the location for the proposed license
substantially complies with the provisions of this section authorizing such license
in the city.
(4) The denial of a temporary license would create undue hardship upon the
applicant, such as the closing of an existing business or delaying of the opening
of a new business.
(5) There is payment of the fee prescribed by this section.
(6) There is an agreement by the applicant that the temporary license may be
revoked, with or without cause, by the city manager at any time.
(c) Fee. The fee for issuance of a temporary license under this section shall be as
established from time to time by the city council.
(d) No bearing on decision for permanent license. The grant or denial of a temporary
license under the provisions of this section shall not affect or have any bearing upon the
grant or denial of a permanent license.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 6), 12-6-2007)
Sec. 4-168. - Temporary special event license (pouring permit).
(a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit
may be issued to any person for a period not to exceed ten days in any one year for an
approved special event. The person must make an application and pay the fee that may
be required from time to time by city council ordinance and shall be required to comply
with all the general ordinances and the licensing and regulations for a consumption on
the premises establishment with the exception of the full-service kitchen requirement.
(b) Not to be issued for brown bagging. Brown bagging is not allowed at any special
event as defined in this ordinance.
(c) Criteria for issuance. The special event must meet the following criteria prior to the
issuance of a license to sell alcoholic beverages:
STATE OF GEORGIA
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Page 21 of 45
(1) The event must have been permitted as an approved special event through
the city's community development department prior to the issuance of a
temporary pouring permit.
(2) The special event must be associated with and benefit the cause of a
charitable or civic organization.
(3) The special event must receive approval from the city police department on
crowd control and security measures.
(4) The special event must receive approval from the city department of
transportation, traffic operations section, on traffic control measures.
(5) The location at which the special event is to take place must be properly
zoned and approved by the city planning and community development
departments.
(6) The premises at which the special event is to take place must be approved
by the city manager.
(c) Employee or volunteer excepted. Any employee or volunteer of the special event
licensee, working the special event in any position dispensing, selling, serving, taking
orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for
the special event.
(d) Police Chief’s authority to revoke. The Police Chief or his or her designee may
immediately revoke any temporary license for a special event if it is determined
continued alcohol sales may endanger the health, welfare or safety of the public.
(e) Indemnification required. As a condition on the issuance of a temporary special
event license, the licensee shall indemnify and hold the city harmless from claims,
demand or cause of action which may arise from activities associated with the special
event.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 6), 12-6-2007)
Secs. 4-169—4-177. - Reserved.
Sec. 4-188. - Permitted where 50 percent of floor space and storage area devoted to
retail grocery.
No beer or malt beverage or wine shall be sold at retail except in establishments
maintaining 50 percent of the floor space and storage area in a manner which is
devoted principally to the retail sale of grocery products and located in zoning districts in
which these establishments are permitted as a conforming use or in districts where an
existing establishment exists as a nonconforming use.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 1), 12-6-2007)
Sec. 4-189. - Hours and days of operation.
(a) Retail package licensees shall not engage in the sale of beer or malt beverages
and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through
Saturday. The hours within which business may be carried on shall be determined by
the standard time in force at the time of the sale of beer or malt beverages and/or wine.
(b) Retail package beer and/or wine shall not be sold at any time in violation of any
local ordinance or regulation or of any special order of the governing authority.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 2), 12-6-2007)
STATE OF GEORGIA
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Page 22 of 45
Sec. 4-190. - Use of tags or labels required.
Retailers shall indicate plainly by tags or labels on the bottles or containers or on the
shelf immediately below where the containers are placed the prices of all beer and wine
exposed or offered for sale.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 3), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-191. - Single cans/bottles or other containers permitted for sale.
Single cans or bottles or other containers of alcoholic beverages may be sold at retail.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 4), 12-6-2007)
Secs. 4-192—4-210. - Reserved.
Sec. 4-211. - Distance requirement for retail package establishments.
No retail package liquor licensed place of business shall be licensed to operate within
500 yards of any other business licensed to sell package liquor at retail, as measured
by the most direct route of travel on the ground.
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Sec. 4-212. - Hotels excepted.
The distance provision of section 4-211 shall not apply to any hotel licensed under this
chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Secs. 4-213—4-221. - Reserved.
Sec. 4-232. - Permitted where eating establishment has full-service kitchen or publicly-
owned golf course.
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold, except:
(1) In eating establishments having a full-service kitchen.
a. Definitions. The term "full-service kitchen" means a kitchen prepared to serve
food every hour it is open, consisting of:
1. A three-compartment sink;
2. A stove or grill permanently installed; and
3. A refrigerator, all of which must be approved by the health and fire
departments.
b. Location. The eating establishments referred to in this section must be located
in a zoning district which permits restaurants and drive -in restaurants as
conforming uses or where these eating establishments are incidental to a hotel or
motel.
(2) At a publicly-owned golf course.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 1), 12-6-2007)
Sec. 4-233. - Hours and days of operation.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 23 of 45
The sale of malt beverages or wine by the drink for consumption on premises and/or the
allowance of brown bagging of wine shall be permitted only during the following hours
and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least 50 percent
of its total annual gross sales from the sale of prepared food or meals.
(c) All licensed premises shall close their premises to the public and clear the premises
of patrons within 30 minutes after the time set in this section for discontinuance of the
sale of alcoholic beverages on the premises.
(d) The licensed business shall open its business each day it is open by not later than
5:00 p.m.
(e) The sale of beer or malt beverages or wine shall not be permitted within 250 feet of
any polling place on primary or election days.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
State law reference— Sale of alcoholic beverages on Sunday, O.C.G.A. § 3 -3-7; sale
of alcoholic beverages on Sundays and election days, O.C.G.A. § 3 -3-20.
Sec. 4-234. - Sale of food, fully-equipped kitchen, and premises maintenance required;
exception.
(a) In addition to other requirements under this article, a licensed premise for the sale
of beer or malt beverages or wine by the drink shall comply with the following:
(1) The licensed business shall offer to its patrons prepared food and meals
during all hours it is open.
(2) The licensed business shall have a fully-equipped kitchen, including cooking
range, oven, refrigeration, food preparation area, sink and other items necessary
for the preparation of food and meals to be served on the premises.
(3) Comply with all the requirements of this chapter relating to the manner by
which premises shall be maintained.
(b) This section shall not apply to private clubs or establishments that solely allowing
brown bagging.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
Secs. 4-235—4-253. - Reserved.
Sec. 4-254. - Condition of premises to comply with city, county and state regulations;
inspections.
(a) The licensed premises shall be kept clean and shall be in full compliance with all
city regulations governing the conditions of the premises.
(b) The Fulton County Health Department shall regularly inspect such licensed
premises to determine that such licensed premises are in compliance with all Fulton
County and state health rules and regulations and report any violations to the city
manager or his or her designee.
(c) City fire personnel shall regularly inspect the premises to see that they are in
compliance with all city, Fulton County and state fire regulations and report any violation
to the city manager or his or her designee.
STATE OF GEORGIA
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(d) The city community development department shall regularly inspect the licensed
premises to determine if the premises are in compliance with all technical codes of the
city and Fulton County and report any violation to the city manager or his or her
designee.
(e) City police personnel shall periodically inspect the premises to determine if the
licensed premises are in compliance with all provisions of this article and report any
violation to the city manager or his or her designee.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 3), 12-6-2007)
Sec. 4-255. - Hours of operation.
The sale of distilled spirits by the drink for consumption on premises shall be permitted
only during the following hours and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least 50 percent
of its total annual gross sales from the sale of prepared food or meals.
(c) All licensed premises shall close their premises to the public and clear the premises
of patrons within 30 minutes after the time set in this section for discontinuance of the
sale of alcoholic beverages on the premises.
(d) In addition to other requirements under this article, a licensed premises for the sale
of distilled spirits by the drink shall comply with the following:
(1). The licensed business shall open its business each day it is open by not
later than 5:00 p.m.
(2). The licensed business shall offer to its patrons prepared food and meals
during all hours it is open.
(3). The licensed business shall have a fully-equipped kitchen, including cooking
range, oven, refrigeration, food preparation area, sink and other items necessary
for preparation of food and meals to be served on the premises.
(4). Comply with all the requirements of section 4-254, relating to the manner by
which the premises shall be maintained.
(e) This section shall not apply to private clubs.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 5), 12-6-2007)
Sec. 4-256. - Conditions for a licensee's operation.
(a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the
contents of a bottle or to refill empty bottles or in any other manner to misrepresent the
quantity, quality or brand name of any alcoholic beverage.
(b) Indication of prices. All licensees hereunder, except private clubs, shall display in
prominent places or on their menus, their current prices of alcoholic beverages by the
drink. The licensee shall furnish to any customer those so desires an itemized bill of
charges which shall not exceed the established price list. The city manager or the city
manager's designee shall regularly inspect the records of all sales of alcoholic
beverages for consumption on the premises and the total sales to determine that the
licensee is in compliance with this article.
(c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall
advertise in any news media or by any other means the fact that alcoholic beverages by
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 25 of 45
the drink may be purchased at such establishment; provided, however, that the
licensees hereunder shall be permitted to use the words "your favorite beverages
served."
(d) Sale, location of. It shall be unlawful for any sales to be made outside of the
building, premises, or place of business licensed for such sale except as permitted
herein.
(e) Opened original packages on licensed premises prohibited. It shall be unlawful for
any person except a licensee, his or her manager, or agent in charge of the licensed
premises, to carry into or have in his or her possession on any licensed premises, any
alcoholic beverages in the original package the seal of which has been broken or the
original package opened; provided that this section shall not apply to private clubs or
brown bagging.
(f) Employee pouring permits. No person may be employed by an establishment
holding a license hereunder until a letter of compliance has been issued by the police
department indicating the person has not violated any law defined by this article and is
eligible for such employment.
(1) The term "employee" includes:
a. Performers;
b. Entertainers;
c. Bartenders;
d. Barmaids;
e. Bouncers;
f. Musicians engaged in temporary work;
g. Regular employees.
(2) All persons subject to the provisions of this section shall, within five days
after the date of their first work in an establishment holding a permit to sell
alcoholic beverages by the drink to be consumed on the premises , or which
allows brown bagging, submit an application to the city for an alcoholic beverage
pouring permit.
(3) The police department shall have a complete and exhaustive search made
relative to any police record of the applicant. In the event there is a violation of
laws, the police department shall advise the applicant that the person is not
eligible for employment.
(4) Excluded from the provisions of this section are employees whose duties are
not in any way involved with the preparation of or service of alcoholic beverages;
musicians and entertainers, however, are not excluded.
(5) Any letter of eligibility for employment issued hereunder shall expire 12
months from the date of issue. The mayor and city council may prescribe
reasonable fees for certifying the eligibility of employment.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 6), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-257. - Conflicts with wholesaler or manufacturer prohibited.
No financial aid or assistance to any licensee hereunder from any wholesaler or
manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 26 of 45
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 12), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 2, § 12), 12-6-2007)
Secs. 4-258—4-276. - Reserved.
Sec. 4-277. - General provisions.
(a) The holder of a wine-only package store license shall be eligible for an ancillary
wine tasting license to provide samples of wine offered for sale to customers under the
conditions set forth in this chapter.
(b) Wine sampling shall be on limited occasions when a customer requests a sample of
a wine offered for sale within the premises or in conjunction with wine education classes
and sampling designed to promote wine appreciation and education.
(c) Wine tasting for customers shall only be conducted at a wine counter area
constituting no more than ten percent of the entire floor area of the premises.
(d) Wine sampling and tasting is only permitted within the enclosed portion of the
premises.
(e) No open containers of wine shall be removed from the licensed premises.
(f) Wine sampling for customers shall be limited to no more than one time per week for
a period not to exceed a consecutive two-hour period in any one day.
(g) Samples shall not exceed two ounces and no customer shall consume more than
eight ounces in any two-hour period.
(h) Wine bottles shall be opened only by the licensee or an employee and samples
shall only be poured by the licensee or an employee.
(i) Holders of an ancillary wine tasting permit shall not charge for samples or tasting but
may accept donations for a charitable organization of their choice.
(j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth
from time to time by the city council, and a copy of the fee schedule shall be maintained
in the city clerk's office.
(Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 35), 12-6-2007)
Secs. 4-278—4-296. - Reserved.
Sec. 4-297. - General provisions.
(a) Authorization of license holder. A brewpub license authorizes the holder of such
license to manufacture on the licensed premises not more than 1,500 barrels of beer in
a calendar year solely for retail sale on the premises and solely in draft form.
(b) License required. No person shall be issued a brewpub license without first
obtaining a retail consumption license.
(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed
under this article to any wholesaler is prohibited.
(d) Administration.
(1) The city treasurer, or his or her designee, is authorized to establish
procedures for administering all provisions of this article to include, but not limited
to:
a. Reporting forms and requirements; or
b. Establishing procedures and schedules for conducting financial audits
or inspections of the books or records of any establishment licensed under
this article.
(2) Every brewpub located within the city shall file a monthly report with the revenue
division, no later than the 20th day of each month, on such forms as the revenue
STATE OF GEORGIA
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Page 27 of 45
division may prescribe, setting forth all malt beverages produced during such prece ding
calendar month, to include the beginning and ending inventories. Such report shall also
indicate the total production of malt beverages during the report period and the proper
tax remittance for such production. Failure to properly complete or submit the required
reports shall subject the licensee to a late filing penalty set forth by city council
resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-298—4-316. - Reserved.
Sec. 4-317. - Requirements for sale of alcoholic beverages.
Private clubs may sell and dispense alcoholic beverages upon:
(a) Compliance with all applicable city ordinances and regulations governing the sale of
such beverages; and
(b) Payment of such license fees and taxes as may be required by the existing
ordinances, rules and regulations of the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 2), 12-6-2007)
Sec. 4-318. - Tax exempt organizations not required to operate food establishment.
Veterans' organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue
Code or the state income tax law shall not be required to operate a food establishment
serving prepared food. However, any such organization selling or dispensing alcoholic
beverages, or allowing brown bagging, shall be subject to all ordinance regulations
dealing with general licensing and consumption on the premises establishments.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 3), 12-6-2007)
Sec. 4-319. - Hours and days of operation.
(a) No alcoholic beverages shall be sold for consumption on the premises except
between the hours of 9:00 a.m. and 4:00 a.m. Monday through Saturday.
(b) Alcoholic beverages shall not be sold for consumption at any time in violation of any
local ordinance or regulation or of any special order of the governing authority.
(c) The sale of beer or wine for consumption on the premises is permitted on Sundays
from 12:30 p.m. until 12:00 midnight in:
(1) Any licensed establishment which derives at least 50 percent of its total
annual gross sales from the sale of prepared meals or foods in all of the
combined retail outlets of the individual establishment where food is served; and
(2) Any licensed establishment which derives at least 50 percent of its total
annual gross income from the rental of rooms for overnight lodging.
(d) Alcoholic beverages may be sold for consumption on the premises from
12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1,
of any year.
STATE OF GEORGIA
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Page 28 of 45
Secs. 4-320—4-338. - Reserved.
FOOTNOTE(S):
(20) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et
seq.; local licensing and regulation of private clubs, O.C.G.A. § 3-7-40 et seq.; local
excise taxation regarding private clubs, O.C.G.A. § 3-7-60. (Back)
Sec. 4-339. - General provisions.
(a) Definitions. The term "in-room service" means:
(1) The provision of a cabinet or other facility located in a hotel-motel guestroom
which contains beer and wine only;
(2) Which is provided upon the guest's written request and which is accessible
by lock and key only to the guest; and
(3) For which the sale of the beer and wine contained therein is final at the time
requested except for a credit which may be given to the guest for any unused
portion.
(b) Compliance. Any hotel-motel that acquires this in-room service shall also be
required to obtain a consumption on the premises license and meet all of the
requirements of this chapter.
(c) License required; fee. No hotel-motel shall be authorized to provide in-room service
until it has been issued a special license to do so. A license fee as set forth from time to
time by city council resolution shall be imposed to provide only beer and wine by "in-
room service."
(d) Limited by restrictions. The sale of beer and wine by in-room service shall be
subject to all the restrictions and limitations relative to the retail sale of any alcoholic
beverages, except as provided otherwise in this article.
(e) Sale of keys. Keys for in-room service shall only be sold to guests between the
hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and between the
hours of 12:30 p.m. and 12:00 midnight on Sunday.
(Ord. No. 06-11-13, § 1(ch. 7, art. 8, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
8, § 1), 12-6-2007)
Secs. 4-340—4-358. - Reserved.
Sec. 4-359. - General provisions.
(a) License required; fee. Any person desiring to sell at wholesale any alcoholic
beverages in the city shall make application to the city manager for a license to do so,
which application shall be in writing on the prescribed forms, and pay any license fee as
set forth by city council resolution.
(b) Conflicts prohibited. No person who has any direct financial interest in any license
for the retail sale of any alcoholic beverages in the city shall be allowed to have any
interest or ownership in any wholesale alcoholic beverage license issued by the city.
(c) Restricted sales. No retailer shall purchase any alcoholic beverage from any person
other than a wholesaler licensed under this article. No wholesaler shall sell any
alcoholic beverage to any person other than a retailer licensed under this chapter;
STATE OF GEORGIA
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Page 29 of 45
provided, however, that this section shall not prohibit the purchase by one retailer of
another retailer's entire stock in a bona fide purchase of an ongoing business.
(d) Delivery by duly licensed wholesaler required. No alcoholic beverage shall be
delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The
name of the wholesale distributor shall be clearly marked on the delivery vehicle.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 1), 12-6-2007)
Sec. 4-360. - Hours and days of operation.
Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00
a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic
beverages on Sunday by Wholesalers.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 2), 12-6-2007)
Sec. 4-361. - Audits.
If the city manager deems it necessary to conduct an a udit of the licensee's records and
books, he or she shall notify the licensee of the date, time and place of the audit.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 3), 12-6-2007)
Secs. 4-362—4-397. - Reserved.
Sec. 4-417. - Levied; late payment penalty.
There is hereby levied an excise tax on all beer and malt beverages produced by a
brewpub at the rate set forth by city council resolution. Such tax shall be paid to the
revenue division no later than the 20th day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-418—4-436. - Reserved.
Sec. 4-437. - Levied; rate and manner of collection.
(a) An excise tax is levied on the sale of distilled spirits by the package, at the
wholesale level, and is set at the rate set forth by resolution of the city council.
(b) An excise tax is levied on the first sale or use of wine by the package at the
wholesale level and is set at the rate set forth by city council resolution.
(c) The excise tax imposed shall be collected by all wholesalers selling wines and
alcoholic beverages to persons holding retail licenses for sale to the same, in the city.
Said excise taxes shall be collected by the wholesalers at the time of the wholesale sa le
of such beverages. It shall be the duty of each wholesaler to remit the proceeds so
collected to the revenue division of the city, on or before the 15th day of each month, for
the preceding calendar month. This remittance shall be submitted on forms as
prescribed or authorized by the revenue division of the city. Remittances shall be
accompanied by a statement under oath from a responsible person employed by the
wholesaler showing the total sales of each type of wine and alcoholic beverage, by
volume and price, disclosing for the preceding calendar month the exact quantities of
wine and alcoholic beverages, by size and type of container, constituting a beginning
and ending inventory for the month, sold to every person holding a retail license for the
sale of wine and alcoholic beverages in the city. Failure to file such a statement, or to
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 30 of 45
remit the tax collected on or before the 15th day of each month, shall be grounds for
suspension or revocation of the license provided for by this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 1), 12-6-2007)
Secs. 4-438—4-456. - Reserved.
Sec. 4-457. - Levied; method of collection; payment.
(a) An excise tax is levied on the first sale and use of malt beverages at the wholesale
level and is set at the rate set forth by city council resolution.
(b) The excise taxes imposed shall be collected by all wholesalers selling alcoholic
beverages to persons holding retail licenses for sale to the same, in the city. Said excise
taxes shall be collected by the wholesalers at the time of the wholesale sale of such
beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to
the revenue division of the city, on or before the 15th day of each month, for the
preceding calendar month. This remittance shall be submitted on forms as prescribed or
authorized by the revenue division of the city. Remittances shall be accompanied by a
statement under oath from a responsible person employed by the wholesaler showing
the total sales of each type of malt beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of malt beverages, by size and type of
container, constituting a beginning and ending inventory for the month, sold to every
person holding a retail license for the sale of malt beverages in the city. Failure to file
such a statement, or to remit the tax collected on or before the 15th day of each mon th,
shall be grounds for suspension or revocation of the license provided for by this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 2), 12-6-2007)
Secs. 4-458—4-476. - Reserved.
Sec. 4-477. - Levied; method of collection; personal liability for nonpayment.
(a) An excise tax is levied upon every sale of alcoholic beverages containing distilled
spirits purchased by the drink at the retail level and is set at the rate set forth by city
council resolution.
(b) Every licensee for the sale of distilled spirits by the drink operating a place of
business in the city shall, at the time of sale for food and drinks served, itemize
separately the price of each sale of alcoholic beverages containing distilled spirits.
(c) Every licensee is required to pay the tax imposed herein for the sale of alcoholic
beverages containing distilled spirits by the drink within the licensed premises. Such
licensee shall furnish all information as may be requested by the city to facilitate the
collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein
provided upon all retail sales made by the licensee of alcoholic b everages containing
distilled spirits by the drink, shall be liable for and pay the tax himself or herself.
(d) Due dates, returns and collection fees.
(1) All taxes collected by any licensee by this section shall be due and payable
to the city treasurer monthly on or before the 20th day of every month next
succeeding each respective monthly period.
(2) The return for the preceding monthly period shall be filed with the city in such
form as the city may prescribe or authorize and signed by the licensee liable for
the payment of tax hereunder.
STATE OF GEORGIA
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Page 31 of 45
(3) Returns shall show the gross receipts from the sale of food, if applicable,
alcoholic beverages containing distilled spirits, indicating the number sold, by the
drink, amount of tax collected or authorized du e for the related period, and such
other information as may be required by the city, on forms prescribed or
authorized by the city.
(4) The licensee shall deliver the return, together with the remittance of the net
amount of tax due, to the city treasurer.
(5) Licensees collecting the tax shall be allowed three percent of the first
$3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00
as a vendor's credit under this section and shall be reimbursed in the form of a
deduction in submitting, reporting and paying the amount due, if said amount is
not delinquent at the time of payment. The rate of the deduction shall be the
same rate authorized for deductions from state law as now or hereafter
amended.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 3), 12-6-2007)
Secs. 4-478—4-496. - Reserved.
Sec. 4-497. - Deficiency determinations; penalty.
(a) If the city is not satisfied with the return of the tax or the amount of the tax required
to be paid to the city by a party, the city may compute and determine the amount
required to be paid upon the basis of any information within its possession or that may
come into its possession. One or more deficiency determinations may be made of the
amount due for any monthly period.
(b) The amount determined to be deficient shall bear interest at the rate of one percent
per month, or fraction thereof, from the 15th day of the month after the close of the
period for wholesale tax due, or from the 20th day after the close of the period for retail
tax due, which the amount or any portion thereof should have been returned until paid,
in addition to any other penalties which may be imposed.
(c) For any deficiency which is determined to be made due to fraud, or an intent to
evade any provisions of this article, a penalty of 25 percent of the deficiency shall be
added thereto.
(d) The city shall give to the licensee written notice of the d etermination. The notice
may be served personally or by mail; if by mail such service shall be addressed to the
licensee at his or her address as it appears in the city records. In the case of service by
mail of any notice required by this article, the service is complete at the time of deposit
in the United States post office.
(e) Except in the case of fraud, intent to evade this article, or failure to make a return,
every notice of deficiency determination shall be mailed within three years after the 20 th
of the calendar month following the monthly period for which the amount is proposed to
be determined, or within three years after the return is filed, whichever period should
last expire.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 4), 12-6-2007)
Sec. 4-498. - Determination of tax if no return filed; penalty.
(a) If any licensee fails to make a return, the city shall make an estimate of the amounts
of the gross receipts of the licensee, or as the case may be, of the amount of the total
STATE OF GEORGIA
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Page 32 of 45
sales in the city which are subject to the tax. The estimate shall be made for the period
in respect to which the licensee failed to make the return and shall be based upon any
information which is or may come into the city's possession. Upon the basis of this
estimate, the city shall compute and determine the amount required to be paid the city.
One or more determinations may be made for each period.
(b) If the failure of any person to file a return is due to fraud or intent to evade this
article, a penalty of 25 percent of the amount required to be paid by the party shall be
added thereto in addition to any other penalties which are imposed under this chapter.
(c) The city shall promptly give to the party written notice of the deficiency.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 5), 12-6-2007)
Sec. 4-499. - Interest and penalty for failure to pay tax.
(a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any
amount of such tax required to be paid by the party shall, in addition to the tax, pay
interest on the outstanding tax obligation at the rate of one percent per month, or
fraction thereof, from the date the tax payment was last due until payment is made.
(b) Any party who fails to pay the tax herein imposed by the city, or fails to file any
required tax return to the city, within the time required, shall pa y a penalty of 15 percent
of the tax, or amount of the tax and interest, due the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 6), 12-6-2007)
Sec. 4-500. - Failure to pay grounds for suspension or revocation.
Failure to pay the taxes imposed by this article or file the required return shall be
grounds for suspension or revocation of any retail license to sell alcoholic beverages in
the city. In the event that any person holding a retail license shall fail to file the required
return or to pay the taxes imposed by this article, it shall be grounds for suspension or
revocation of any retail license to sell alcoholic beverages in the city. In the event that
any person holding a retail license shall fail or refuse to pay to the wholesaler selling to
him or her alcoholic beverages the tax imposed by the city, the wholesaler shall
immediately report such failure to pay to the business license division of the city and
shall make no further sales of any alcoholic beverages whatsoever to said retailer until
receipt of written notification to do so from the city. In such event, the tax may be
collected by the city by an action at law against the retailer.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 7), 12-6-2007)
Secs. 4-501—4-519. - Reserved.
ARTICLE VIII. - REGULATIONS
Sec. 4-520. - Sales on election days, Sundays and holidays governed by state law.
Sec. 4-521. - Distance requirements.
Sec. 4-522. - Sales to minors or physically or mentally incapacitated persons prohibited.
Sec. 4-523. - Minors prohibited on licensed premises unless accompanied by parent, guardian or
custodian; exceptions.
Sec. 4-524. - Minors prohibited from selling or handling alcoholic beverages in workplace.
Sec. 4-525. - Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage.
Sec. 4-526. - Advertising; location requirements; signs.
STATE OF GEORGIA
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Page 33 of 45
Sec. 4-527. - Retailer to purchase from licensed wholesaler only.
Sec. 4-528. - Retail consumption dealers to store inventory only on premises.
Sec. 4-529. - Adding to contents of alcoholic beverage prohibited.
Sec. 4-530. - Poured alcohol to be transported by employees only.
Sec. 4-531. - Licensees to maintain a copy of this chapter on premises; employees to be familiar with
terms; licensee responsible for violations.
Sec. 4-532. - Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders for
alcoholic beverages; exceptions.
Sec. 4-533. - Failure to require and properly check identification.
Sec. 4-534. - Sales to underage persons prohibited.
Sec. 4-535. - Unlawful for minor to purchase or possess alcoholic beverages.
Sec. 4-536. - Regulations concerning managers and employees; pouring permits.
Sec. 4-537. - Open area and patio sales regulations.
Sec. 4-538. - Consumption outside premises prohibited.
Sec. 4-539. - Complete and detailed specifications of premises and surrounding area required to
accompany application for alcoholic beverage license.
Sec. 4-540. - Solicitation prohibited.
Sec. 4-541. - Authority of Chief of Police to inspect licensed establishments.
Sec. 4-542. - Authority of Chief of Police to close establishment in emergency situations.
Sec. 4-543. - Unlawful to bring alcoholic beverage (brown bagging) onto any establishment.
Sec. 4-544. - Types of entertainment, attire and conduct prohibited.
Sec. 4-545. - Alcohol awareness training.
Sec. 4-520.- Sales on election days, Sundays and holidays governed by state law.
The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to
O.C.G.A. § 3-3-20. The sale of alcoholic beverages on Sunday and holidays is limited to
provision of state law, pursuant to O.C.G.A. §§ 3-3-20 and 3-3-7.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 4),
12-6-2007)
Sec. 4-521.- Distance requirements.
(a) Distilled spirits. No person may allow brown bagging or sell or offer to sell any distilled
spirits in or within 100 yards of a church building or within 200 yards of any school building,
educational building, school grounds, or college campus.
(b) Malt beverage or wine. No person may allow brown bagging or sell or offer to sell any wine
or malt beverage within 100 yards of any school building, school grounds, or college campus.
(c) Most direct route used. For purposes of this section, the distance shall be measured by the
most direct route of travel on the ground and shall be measured in the following manner:
(1) From the main entrance of the establishment from which alcoholic beverages are sold
or offered for sale;
(2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by
the nearest route;
(3) Along such public sidewalk, walkway, street, road or highway by the nearest route;
(4) To the main entrance of the church building, or to the nearest portion of the school
grounds.
STATE OF GEORGIA
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(d) Preexisting establishments. No location which is licensed to sell alcoholic beverages on
the effective date of the ordinance from which this section is derived shall be denied continued
operation under an existing license, nor shall any new owner of the location be denied a new
license based upon the measurements set forth in subsections (a) and (b) of this section.
(e) New church or schools. As to any location licensed in the future, if the distance
requirements in this section are met at the time of issuance of any license, the subsequent
opening and operation of a church or school within the distance prohibited in this section shall
not prevent the continuance of an existing license or the issuance of a new license to any
subsequent owner of such property. Provided, however, that the distance requirements herein
shall not apply at any location for which a new license is applied for if the sale of alcoholic
beverages was lawful at such location at any time during the 12 months immediately preceding
such application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 5),
12-6-2007)
State law reference— Sales of alcoholic beverages near churches, schools or college campus, O.C.G.A. § 3 -
3-21.
Sec. 4-522.- Sales to minors or physically or mentally incapacitated persons prohibited.
No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a
minor, as defined in O.C.G.A. § 3-3-23, which reads as follows:
(1) Except as otherwise authorized by law:
a. No person knowingly, by himself or herself or through another, shall sell, cause
to be furnished, or permit any person in his or her employ to sell or furnish any
alcoholic beverage to any person under 21 years of age.
b. No person under 21 years of age shall purchase or knowingly possess any
alcoholic beverage.
c. No person under 21 years of age shall misrepresent his or her age in any
manner whatsoever for the purpose of obtaining illegally any alcoholic beverage.
d. No person knowingly or intentionally shall act as an agent to purchase or acquire
any alcoholic beverage for or on behalf of a person under 21 years of age.
(2) The prohibitions contained in subsections (1) a, b, and d of this section shall not apply
to the sale, purchase, or possession of alcoholic beverages for consumption:
a. For medical purposes pursuant to a prescription of a physician duly authorized
to practice medicine in the state.
b. At a religious ceremony.
c. In the home with parental consent.
(3) The prohibition contained in subsection (1)a of this section shall not apply with
respect to sale of alcoholic beverages by a person when such person has been furnished
with proper identification showing that the person to whom the alcoholic beverage is sold is
21 years of age or older.
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a. For purposes of this subsection, the term "proper identification" means any
document issued by a governmental agency containing a description of the person,
such person's photograph, or both, and giving such person's date of birth and proper
identification includes, without being limited to, a passport, military identification card,
driver's license, or an identification card authorized under O.C.G.A. § 40-5-100,
requiring the Police Department to issue identification cards to handicapped persons
who do not have a motor vehicle driver's license.
b. The "proper identification" does not include a birth certificate.
(4) No licensee shall allow or require a person in his or her employment under 18 years
of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall
not prohibit persons under 18 years of age who are employed in supermarkets,
convenience stores, or drugstores from selling or handling alcoholic beverages which are
sold for consumption off the premises.
(5) Testimony by any person under 21 years of age, when given in an administrative or
judicial proceeding against another person for violation of any provision of this section,
shall not be used in any administrative or judicial proceeding brought against such
testifying person under 21 years of age.
(6) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. §
15-11-1 et seq. (pertaining to juvenile proceedings); or to any person who is physically or
mentally incapacitated due to the consumption of alcoholic beverage. Nor shall any
licensee violate O.C.G.A. § 3-3-22, which provides as follows: "No alcoholic beverage shall
be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state
of noticeable intoxication." A violation of this section shall be cause for suspending or
revoking such license in accordance with provisions of this article.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 7),
12-6-2007)
Sec. 4-523.- Minors prohibited on licensed premises unless accompanied by parent, guardian
or custodian; exceptions.
(a) No person who holds a license to sell distilled spirits by the drink shall allow any minors to
be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such
minors are accompanied by a parent, legal guardian, or custodian.
(b) Such minors shall be permitted in eating establishments or private clubs without being
accompanied by a parent, legal guardian, or custodian.
(c) This section shall not apply to minors who are employees under the terms of this article.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 8),
12-6-2007)
Sec. 4-524.- Minors prohibited from selling or handling alcoholic beverages in workplace.
No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle
alcoholic beverages who is under 18 years of age.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 9),
STATE OF GEORGIA
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12-6-2007)
Sec. 4-525.- Unlawful for minor to misrepresent age for purpose of acquiring alcoholic
beverage.
It shall be unlawful for any minor to falsely misrepresent his or her age in any manner
whatsoever where said minor's purpose is to acquire and possess alcoholic beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, §
10), 12-6-2007)
Sec. 4-526.- Advertising; location requirements; signs.
(a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic
beverages, or the prices of such beverages, shall be permitted:
(1) On the exterior of any retail package outlet;
(2) On the premises of the consumption dealer; or
(3) In the windows of any such establishment that may be viewed from outside.
(b) No signs shall be erected anywhere in the city advertising or promoting the sale of
alcoholic beverages, except that a store displaying its merchandise may, in the same manner as
such other merchandise is displayed, erect a signs indicating the counter on which the
merchandise is displayed; provided the lettering of such signs does not exceed in size the
lettering of such signs on other counters where other products are sold. The name, brand or
type of alcoholic beverage served and the price per serving may be provided to customers on a
regular printed menu.
(c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the
bottles or containers or on the shelf immediately below where the containers are placed, the
price of an alcoholic beverage exposed or offered for sale. No other sign may be exposed
prominently within or without the retail establishment showing prices or indicating that alcoholic
beverages are for sale on the premises.
(d) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this
Code except as to single units or unbroken package quantities.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 21 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
21 ), 12-6-2007)
Sec. 4-527.- Retailer to purchase from licensed wholesaler only.
(a) No retailer shall purchase alcoholic beverages from any person other than a wholesaler
licensed under this chapter. No wholesaler shall sell any alcoholic beverage to anyone other
than a retailer licensed under this chapter; provided, however, that this section shall not prohibit
the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an
ongoing business.
(b) The city manager or his or her designee may request, from time to time, information
concerning purchases and sales of alcoholic beverages from retailers and wholesalers.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 23), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
STATE OF GEORGIA
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23 ), 12-6-2007)
Sec. 4-528.- Retail consumption dealers to store inventory only on premises.
No retail consumption dealer licensed under this chapter shall keep any beer, malt beverage,
wine or other alcoholic beverage at any place except the licensed place of the business. No
retail consumption dealer shall be permitted to enter into any type of arrangement whereby
distilled spirits ordered by a licensee are stored by a licensed wholesaler.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 24), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
24 ), 12-6-2007)
Sec. 4-529.- Adding to contents of alcoholic beverage prohibited.
No one shall add to or permit the adding to any alcoholic beverage or refill any alcoholic
beverage manufacturer's container in any manner.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 25), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
25 ), 12-6-2007)
Sec. 4-530.- Poured alcohol to be transported by employees only.
Poured alcoholic beverages will be transported from the point of dispensing to the customer by
permitted employees only.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 26), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
26 ), 12-6-2007)
Sec. 4-531.- Licensees to maintain a copy of this chapter on premises; employees to be familiar
with terms; licensee responsible for violations.
Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in
the licensed premises and shall instruct any person working there with respect to the terms of
this chapter; and each licensee, the licensee's agents and employees selling alcoholic
beverages shall at all times be familiar with the terms of this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 27), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
27 ), 12-6-2007)
Sec. 4-532.- Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders
for alcoholic beverages; exceptions.
(a) No person shall allow or require a person in his or her employment under 18 years of age
to dispense, serve, sell, or take orders for any alcoholic beverage.
(b) The provisions of this section shall not prohibit persons under 18 years of age who are
employed in supermarkets or convenience stores from selling or handling alcoholic beverages
which are sold for consumption off the premises.
(c) It is unlawful for any person under 18 years of age to work as an entertainer in any
establishment licensed under this chapter without written consent from parents or guardian.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 28), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
28), 12-6-2007)
STATE OF GEORGIA
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Page 38 of 45
Sec. 4-533.- Failure to require and properly check identification.
It shall be a violation not to require and properly check identification to ensure that an underage
person is not sold, served, or does not have in his or her possession any alcoholic beverages
while in a licensed establishment. In this section, the term "identification" means any document
issued by a governmental agency containing a description of the person, such person's
photograph and giving such person's date of birth and shall include, without being limited to:
(1) A passport;
(2) A military ID card;
(3) A driver's license; or
(4) State department of public safety ID card.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 29), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
29), 12-6-2007)
Sec. 4-534.- Sales to underage persons prohibited.
No holder or employee of the holder of a license authorizing the sale of alcoholic beverages,
shall do any of the following upon the licensed premises:
(1) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other
alcoholic beverage to any person under the age of 21 years. Allow brown bagging by any
person under the age of 21.
(2) The prohibition in subsection (1) of this section shall not apply with respect to the sale
of distilled spirits to a person when such person has furnished proper identification showing
that the person to whom the distilled spirits are being sold is 21 years of age or older.
a. For the purposes of this subsection, the term "proper identification" means any
document issued by a government agency containing a description of the person,
such person's photograph, or both, and giving such person's date of birth including,
but not limited to, a passport, military identification card, driver's license, or
identification card authorized under an act to require the department of public safety
to issue identification cards to persons who do not have a motor vehicle driver's
license.
b. The term "proper identification" does not include a birth certificate.
(3) Sell or offer to sell or allow brown bagging any alcoholic beverages to any person
who is noticeably intoxicated, who is of unsound mind, or who is a habitual drunkard
whose intemperate habits are known to the licensee or his or her employees.
(4) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to
be consumed thereon, on any day or at any time when the sale or consumption is
prohibited by law.
(5) No person who holds a license to sell alcoholic beverages by the drink shall allow any
minors to be in, frequent or loiter about the licensed premises of the establishment or
lounge unless such minors are accompanied by a parent, legal guardian, or custodian;
provided, however, that such minors shall be permitted in eating establishments, indoor
STATE OF GEORGIA
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Page 39 of 45
commercial recreational establishments, or private clubs without being accompanied by a
parent, legal guardian, or custodian and provided further that this section shall not apply to
minors who are employees under the terms of this chapter.
(6) The penalty for violation of this section by an individual shall be as follows:
a. For the first offense, a minimum fine of $250.00.
b. For the second offense and subsequent violations within one year, a minimum
fine of $500.00.
(7) Any licensed establishment where three or more violations of this section, or
O.C.G.A. § 3-3-23, have occurred within any 36-month period shall be punished as follows:
a. For the third offense within any 36-month period, suspension of the license for a
period not to exceed 90 days.
b. For the fourth and any subsequent violation within any 36-month period,
suspension of the license for a period not to exceed one year. As to the penalties in
this subsection, if there is a change in a majority of the licensed establishments'
owners, partners or shareholders, the violations under the old ownership shall not
count against the new owners. However, a different corporation, partnership or other
association will be charged with the violations of its predecessor if a majority of the
owners, partners or shareholders are the same.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 30), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
30), 12-6-2007)
State law reference— Furnishing to, purchase of, or possession by persons under 21 years of age of
alcoholic beverages; use of false identification; proper identification for sale of alcoholic beverages; dispensing,
serving, etc., of alcoholic beverages by persons under 21 ye ars of age in the course of employment; seller's
duty to request proper identification, O.C.G.A. § 3-3-23.
Sec. 4-535.- Unlawful for minor to purchase or possess alcoholic beverages.
(a) No person under 21 years of age shall purchase or possess any alcoholic beverage.
(b) No person under 21 years of age shall attempt to purchase any alcoholic beverage or
misrepresent his or her age in any manner whatever for the purpose of obtaining alcoholic
beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 31), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
31), 12-6-2007)
Sec. 4-536.- Regulations concerning managers and employees; pouring permits.
The following regulations shall apply to all establishments holding a license for consumption of
alcoholic beverages on the premises:
(1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic
beverages, or serve in any managerial position, by an establishment holding a license
under this chapter until such person has been cleared by the Chief of Police or his or her
designee, indicating that the person is eligible for such employment.
STATE OF GEORGIA
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Page 40 of 45
(2) This section shall not be construed to include volunteer groups with nonprofit tax
exempt status from the Internal Revenue Service whose volunteer efforts financially benefit
a nonprofit organization with no direct financial benefit, either by wages, tips or donations,
to the individual volunteer. No volunteer under the age of 18 years shall be allowed to
dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed
establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall
also be excluded from this section.
(3) No pouring permit shall be issued until such time as a signed application has been
filed with the city manager or his or her designee, and upon paying a fee which shall be
established by the mayor and city council, and a search of the criminal record of the
applicant completed. The application shall include, but not be limited to, name, date of
birth, and social security number. These applications and the resulting criminal
investigative report shall be regarded as confidential and shall not be produced for public
inspection without a court order.
(4) The Chief of Police or his or her designee shall have a complete and exhaustive
search made relative to any police record of the applicant. If there is no record of a
violation of this chapter, the Chief of Police or his or her designee shall approve the
issuance of a permit to the person, stating that the person is eligible for employment. If it is
found that the person is not eligible for employment, The Chief of Police or his or her
designee shall notify the person, in writing, that they are not eligible for employment, the
cause of such denial and their right to appeal.
(5) Crimes preventing the possession of a pouring permit.
a. No person shall be granted a pouring permit who has, within five years of the
date of applying for a pouring permit, been convicted or pled guilty or entered a plea
of nolo contendere to any crime involving:
1. Moral turpitude;
2. Illegal gambling;
3. Illegal possession or sale of controlled substances;
4. Illegal sale or possession of alcoholic beverages (including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
5. Keeping a place of prostitution;
6. Solicitation of sodomy; or
7. Any sexual related crime.
Or, at the time of applying for a pouring permit, is then on parole or probation for
any of the criminal offenses identified in [subsection] (5)a.(1.—7.) above.
b. Reserved.
c. No person shall be granted a pouring permit who has been convicted, plead
guilty or entered a plea of nolo contendere to any federal, state, or local law for any
felony within five years of the date of conviction and has not been released from
STATE OF GEORGIA
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Page 41 of 45
parole or probation prior to the filing for application for such permit. For purposes of
this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any
offense for which defendant who was allowed to avail himself or herself of the state
first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such
offense shall not be ignored where the defendant violated any term of probation
imposed by the court granting first offender treatment or committed another crime and
the sentence in court entered an adjudication of guilt as to the crime for which the
defendant had previously been sentenced as a first offender.
(6) An alcoholic beverage pouring permit shall be issued for a period of one calendar
year from the date of the original application. As noted in subsection (11) of this section,
the alcoholic beverage pouring permit must be in the possession of the employee while the
employee is working at the licensed establishment. This permit must be in the possession
of the employee while the pouring permit holder is working and available for inspection by
members of the Police Department or the city manager's staff. All persons employed to
dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial
position in any establishment licensed under this chapter shall be required to complete an
alcohol awareness training program to become a certified alcohol awareness server, as
defined in section 4-545, as a condition to the privilege of continuing to maintain a valid
alcohol pouring permit.
(7) No person shall be issued a permit if it is determined that the person falsified,
concealed or covered up any material fact by any device, trick or scheme while making
application to the city for an alcoholic beverage pouring permit under this section. If it is
determined that a person is in violation of this subsection and a permit is denied for this
reason, then 30 calendar days must elapse from the date of notification per certified
mailing before a new application and fee may be resubmitted.
(8) All permits issued through administrative error can be terminated and seized by the
Chief of Police or his or her designee or the city manager or his or her designee.
(9) A replacement permit will be issued within 30 days of the original date, upon paying
one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days
of original application date, a new application and fee must be submitted.
(10) All permits issued under this chapter remain city property and shall be produced for
inspection upon demand of any city police officer, his or her designee or code enforcement
officer.
(11) No licensee shall allow any employee or manager required to hold a permit to work
on the premises unless the employee or manager has in his or her possession a current
valid city pouring permit. For new employees, an application for a permit must be made
within five calendar days of date of initial employment. Licensees are required by this
chapter to inspect and verify that each employee has in his or her possession a valid city
alcoholic beverage pouring permit.
(12) It shall be the duty of all persons holding any license to sell alcoholic beverages to file
with the city the name of the establishment, the license number and a list of all employees,
with their home addresses and home telephone numbers, twice annually during the month
of June and again during the month of December.
(13) The licensee is required to maintain the exterior of the licensed premises, parking lot
STATE OF GEORGIA
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Page 42 of 45
and all parts of premises abutting public rights-of-way during all hours the business is open
and to do an inspection of the premises within three hours after closing. The term
"maintain" means keeping the defined areas free of bottles, cans, cups, trash and other
litter.
(14) Any person convicted of any violation of this section shall receive a fine in an amount
not to exceed state law.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 32), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
32), 12-6-2007; Ord. No. 10-01-59, § 1, 3-8-2010)
Sec. 4-537.- Open area and patio sales regulations.
(a) Alcoholic beverage sales and/or brown bagging can be made by a licensed consumption
on-premises establishment in a patio/open area type environment if the establishment has been
approved to do so by the city manager.
(b) The requirement for approval is that the patio/open area be enclosed by some structure
providing for public ingress/egress only through the main licensed premises. The purpose of this
requirement is to prevent a customer from leaving the outside sales area with an open drink
without the licensee's knowledge.
(c) The height of such structure shall be a minimum of three feet above ground level. It does
not have to be solid nor does it have to restrict visibility into or out of the patio/open sales area.
It must be permitted and approved by the city's building inspection department and the city's fire
department as required by their governing regulations or codes.
(d) The only exit from this type area is to be through the licensed establishment's main
premises and through an approved fire exit, not for general public use unless an emergency
exists. The fire exit should be of the type that sounds an alarm so that the establishment will be
alerted in the event of unauthorized use when no emergency exists.
(e) If a licensee desires a patio/open sales area inside an existing structure, plans will be
reviewed and approved on an individual basis by the community development department.
Interior type patio/open sales areas must meet the requirements of the city's development and
fire codes.
(f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the
premises license from making sales and allowing consumption of alcoholic beverages in
ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel; provided such
functions are catered in connection with a meeting, conference, convention or similar type
gathering at such hotel or motel. Patio areas, as that term is used in this subsection, do not
have to conform to the standards in this section.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 33), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
33), 12-6-2007)
Sec. 4-538.- Consumption outside premises prohibited.
(a) It is prohibited for customers to leave the premises with open alcoholic beverages, except
as allowed by O.C.G.A. 3-6-4, “Removal of partially consumed bottle of wine from premises”,
and it is the licensee's responsibility to ensure that no open beverages purchased at the
establishment are carried out. In the event of brown bagging in accordance with this chapter, a
STATE OF GEORGIA
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Page 43 of 45
partially consumed bottle of wine must be sealed by the licensee prior to removal from the
premises and transported in accordance with O.C.G.A. 40-6-253, “Consumption of alcoholic
beverage or possession of open container of alcoholic beverage in passenger area.”
However, nothing in this section shall be construed to prohibit the carrying out of wine or malt
beverages for consumption at a publicly-owned or privately-owned golf course.
(b) Brown bag licensees must post notice stating “A partially consumed bottle of wine must be
sealed by the licensee prior to removal from the premises and transported in accordance with
O.C.G.A. 40-6-253, Consumption of alcoholic beverage or possession of open container of
alcoholic beverage in passenger area” in a conspicuous place at the main exit of the
establishment.
(c) It is prohibited for customers to gather outside an alcoholic beverage establishment and
consume alcoholic beverages.
(d) It is prohibited for the manager or any employee to allow persons to gather outside an
alcoholic beverage establishment and consume alcoholic beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 34), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
34), 12-6-2007)
Sec. 4-539.- Complete and detailed specifications of premises and surrounding area required to
accompany application for alcoholic beverage license.
No alcoholic beverage license shall be issued to any person unless the building in which the
business will be located is complete and detailed plans of the building and outside premises are
attached to the application, or unless the proposed plans and specifications and a building
permit of a proposed building are attached to the application.
(1) The completed building or the proposed building shall comply with city ordinances,
regulations of the state revenue commissioner and the state.
(2) The proposed building shall also be subject to final inspection and approval when
completed by the building inspector.
(3) Each building in which the business will be located shall contain sufficient lighting so
that the building itself and the premises on all sides of the building are readily visible at all
times from the front of the street on which the building is located so as to reveal all of the
outside premises of such building.
(4) Each applicant for an alcoholic beverage license shall attach to the application
evidence of ownership of the building or proposed building, or a copy of the lease if the
applicant is leasing the building.
(5) If the applicant is a franchisee, then such applicant shall attach a copy of the
franchise agreement or contract with the application.
(6) All premises for which an alcoholic beverage license shall be issued shall afford
therein adequate sanitary toilet facilities and shall be adequately illuminated so that all
hallways, passage ways and open areas may be clearly seen by the customers therein.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 35), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
36), 12-6-2007)
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 44 of 45
Sec. 4-540.- Solicitation prohibited.
No retail consumption dealers licensed under this chapter shall require, permit, suffer,
encourage, or induce any employee or person to solicit in the licensed premises for himself or
herself, or for any person other than the patron and guest of the patron, the purchase by the
patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with
which to purchase the beverage; nor shall any licensee pay a commission or any other
compensation to any person frequenting his or her establishment or to his or her agent or
manager to solicit for himself or herself or for the others, the purchase by the patron of any
drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to
purchase the beverage.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 36), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
37), 12-6-2007)
Sec. 4-541.- Authority of Chief of Police to inspect licensed establishments.
(a) Sworn officers of the police department shall have the authority to inspect establishments
licensed under the city's alcoholic beverages ordinances during the hours in which the premises
are open for business. These inspections shall be made for the purpose of verifying compliance
with the requirements of this chapter and state law.
(b) This section is not intended to limit the authority of any other city officer to conduct
inspections authorized by other provisions of this Code.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 38), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
38), 12-6-2007)
Sec. 4-542.- Authority of Chief of Police to close establishment in emergency situations.
The Chief of Police, or his or her designee, may immediately close an establishment licensed
under this chapter in case of emergency, for the safety of the public or to investigate a crime, for
a period of time not to exceed 24 hours.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 39), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
39), 12-6-2007)
12-6-2007)
Sec. 4-544.- Types of entertainment, attire and conduct prohibited.
Pursuant to O.C.G.A. § 3-3-41:
(1) No person shall perform on a premises licensed hereunder acts of or acts which
constitute or simulate:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
c. The displaying of any portion of the female breast below the top of the areola or
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Page 45 of 45
the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks,
vulva, or genitals.
(2) No person shall use on licensed premises artificial devices or inanimate objects to
perform, simulate, or depict any of the prohibited conduct or activities described in
subsection (1) of this section.
(3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises,
any film, still picture, electronic reproduction, or any other visual reproduction or image of
any act or conduct described in subsection (1) or (2) of this section.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 42), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
42), 12-6-2007)
Sec. 4-545.- Alcohol awareness training.
(a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all
licensee's managerial staff shall be required to complete an alcohol awareness training program
within 30 days from date the person is issued an alcoholic beverage pouring permit.
(b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list
of schools, training facilities and trade associations located in Fulton County, Georgia, that are
authorized and approved by the city manager to conduct alcohol awareness programs for the
purpose of training servers of alcohol in intervention procedures when customers become
intoxicated.
(c) Certificate. The training facilities shall issue, upon completion of the course, a certificate
which shows the individual has fulfilled the requirement for the course and is certified as an
alcohol awareness server. The cost of the course will be the responsibility of the licensed
establishment that employs such server.
(d) Establishment to maintain certificates in employees' files and forward copy to city
treasurer. The establishment employing individuals required to complete an alcohol awareness
program shall obtain the certificates stating the employees have successfully completed the
course and have the same delivered to the city treasurer to be kept with the records of the
employees having an alcoholic beverage pouring permit.
(e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a
person to continue having a valid alcoholic beverage pouring permit is conditioned upon
completing an alcohol awareness program and having a certificate of course completion
provided to the city in a timely manner. Failure to do so is cause for suspension of the person's
alcoholic beverage pouring permit.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 43), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
43), 12-6-2007)
.,. FS..AL+....:,➢LI� 'M i".�6k�F'MwWa•.MLWGu�f.A}-k854! �fiYM,,I.{i��.lS'}s�IfG'�
9/11 National Day of Service and Remembrance
In observance of the 10th anniversary of the Sept. 11, 2001 attacks on America, which killed citizens from 92 different
countries, we hereby adopt the following Proclamation in tribute to those lost and injured on 9/11 and the many who
gave of themselves in service to their communities and to this country in the aftermath of the attacks:
I
WHEREAS, people of all ages and walks of life across America and around the world collectively witnessed an
event of immense tragedy on Sept. 11, 2001; and
a WHEREAS, the events of that day instantly transformed nearly everyone's lives, some through personal loss,
and many others through an unfamiliar sense of individual and national vulnerability; and
WHEREAS, an unprecedented, historic bonding of Americans arose from the collective shock, unifying the
country in an outpouring of national spirit, pride, selflessness, generosity, courage and service; and
\` WHEREAS, many brave people heroically, tirelessly and courageously participated in an extraordinarily
'! difficult and dangerous rescue and recovery effort, in some cases voluntarily putting their own
i;
well-being at risk; and
1' WHEREAS, since that fateful day, thousands of United States servicemen and women from all branches of
military and law enforcement have selflessly given of themselves to ensure it never happens again;
and
WHEREAS, Sept. 11 will never, and should never, be just another day in the hearts and minds of all Americans
and Sept. 11, 2011 will be the 10th anniversary of the 9/11 attacks on America; and
WHEREAS, many citizens may wish to memorialize Sept. 11 by engaging in, or making a plan to engage in,
personal and individual acts of community service, or other giving activities, as part of a solemn
day of remembrance and tribute; and
WHEREAS, on March 19, 2009, the United States Congress passed bipartisan legislation authorizing the
establishment of Sept. 11 as a federally recognized National Day of Service and Remembrance,
which President Barack Obama signed into law on April 21, 2009; and
1 I ; WHEREAS, the President of the United States, on Sept. 11, 2009, issued the Patriot Day Proclamation officially
and permanently designating Sept. I 1 as a National Day of Service and Remembrance, and called
upon all interested Americans to participate in this observance through moments of silence, the
z {' flying of the flag of the United States at half-staff, as well as community service and charitable
activities in tribute and remembrance.
j Now, therefore, be it resolved by the City Council of the City of Milton, Georgia, in tribute to all of the victims of 9/11
E� and the many who rose in service in response to the 9/11 terrorist attacks and to those who now serve in our military
�1 a. and their families at home supporting their efforts, will observe Sept. 11, 2011, the 10th Anniversary of 9/11, as a
voluntary Day of Service and Remembrance, and furthermore calls upon all its citizens and organizations to consider
\ joining in this observance and to engage in activities of tribute, solemn remembrance and charitable service.
Given under my hand and seal of the City of Milton, Georgia on this 7th Day of September,
20U
Joe Lockwood, Mayor
07
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Chief Deborah Harrell
Date: Submitted on August 9, 2011 for the September 7, 2011 Regular Council
Meeting
Agenda Item: Proclamation recognizing Detective Kevin Barry as Milton’s 2011 Officer of the
Year.
City Manager’s Office Recommendation:
Consent to the proclamation recognizing Det. Kevin Barry as Milton’s 2011 Officer of the Year.
Background:
Nominations were received from both uniform patrol and criminal investigation supervisors for
the 2011 Officer of the Year. Detective Barry was nominated by both a CID and UPD
supervisor.
Discussion
I would like to implement an “Officer of the Year” proclamation starting this year with Det. Barry.
Det. Barry goes above and beyond and is an excellent asset to the City of Milton. He was
nominated by both UPD and CID.
Funding and Fiscal Impact:
None
Alternatives:
Concurrent Review:
Chris Lagerbloom, City Manager
City of Milton 2011 Officer of the Year
WHEREAS, Detective Kevin Barry has been selected as Officer of the Year for the
City of Milton Police Department for 2011 as nominated by his peers and
selected by Command Staff-, and
WHEREAS, Detective Kevin Barry has performed his duties as a Detective in a faithful
and loyal manner by exhibiting his dedication to preserving the rights and
security of all Milton citizens; and
WHEREAS, Detective Kevin Barry has worked beyond expectations putting in
numerous days and hours above and beyond the requirements of his
assignment by sacrificing personal time after scheduled hours and on off
days; and
WHEREAS, Detective Kevin Barry has demonstrated a strong work ethic as
demonstrated in his ability to bring investigations to a close and take
offenders off the street; and
WHEREAS, Detective Kevin Barry displays a professional and commendable
demeanor with citizens and victims and is an outstanding example to other
officers and supervisors;
Now, therefore, I Mayor of the City of Milton, Milton City Council, and citizens of the City of
Milton formally recognize Detective Kevin Barry for his outstanding performance as a member
of the Milton Police Department; and
I further call that the City of Milton hereby recognizes the achievements of Detective Kevin
Barry and expresses pride in presenting to him the 2011 Officer of the Year award.
. seal of the City of Milton, Georgia on this 7th Day of September,
z
<I
Joe Lockwo
ayor
I,
i,.
Honoring Taylor Parrish and His Heroic Actions
WHEREAS, On Friday, July 8, 2011 18-year-old Taylor Parrish was swimming
with friends at a private pool in Milton’s The Manor Golf and
Country Club after going to the movies; and
WHEREAS, 19-year-old Jordan Lewis decided to slide into the pool, but hit his
head, stunning him underwater for more than 90 seconds before he
swallowed water and blacked out; and
WHEREAS, Parrish found Lewis underwater and immediately pulled him up,
dragging him to land with the aid of friends; and
WHEREAS, Though he had no prior knowledge, began performing CPR on
Lewis using what he had gleaned from television and instinct; and
WHEREAS, By his quick and decisive action and lack of panic, Parrish saved his
friend’s life, bringing him back to a state of semi-consciousness
until paramedics could arrive;
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia
hereby dedicate and proclaim Wednesday, September 7, 2011 as Taylor Parrish Day in the
city of Milton and call this observance to the attention of all of our citizens.
Given under my hand and seal of the City of Milton, Georgia on this 7th day of
September, 2011.
_________________________________
Joe Lockwood, Mayor
(Seal)
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta, Fire Marshal
Date: Submitted on August 4, 2011 for First Presentation at the September 7, 2011
Regular Council Meeting and Adoption at the September 19, 2011 Regular
Council Meeting
Agenda Item: Amendment of Chapter 22: Fire Prevention and Protection
City Manager’s Office Recommendation:
Adopt the attached Ordinance approving the amendment of “Chapter 22, Fire Prevention and
Protection” of the Milton City Code.
Background:
The original fire prevention code was enacted just after incorporation and laid the groundwork
for enforcing fire, life safety, and building codes in the City. As the City matures, the code must
be reevaluated and tailored to the needs of the community and fire prevention in Milton. This
proposed change represents the first step in a code revision. It includes:
1) a section which streamlines the appeals process so that it coincides with
Chapter 10 (the City Building Code);
2) provides a check on the ability of the fire marshal to unilaterally grant code
waivers;
3) specifically addresses in ordinance the City’s adoption of the State Minimum
Fire Safety Standards promulgated by the Safety Fire Commissioner in
accordance with O.C.G.A. Title 25 (this was only addressed in resolution in the
past which does not provide a clear reference for builders in Milton) and
simultaneously rescinds a section that addresses the state building code
instead of the state fire code;
4) adds a section codifying the IFC prohibition of open-flame gas/charcoal grills in
multifamily dwellings; and
5) rescinds a portion of the section of the code requiring residential fire sprinklers
in single family dwellings which was not properly cross-referenced in the
building code (where residential code is primarily enforced), which is not
required by the current state code and by few municipalities (in the same
form), and which (since adoption by Milton) has been forbidden by state law.
As a caveat to item 5, the fire service community recognizes the advantages to requiring
sprinklers in all dwellings and has been encouraged by both the International Association of Fire
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Chiefs and promulgated as code in the 2009 iteration of the NFPA’s Life Safety Code.
However, thus far, Georgia has avoided adopting revisions of the Life Safety Code newer than
2000 (which include the residential sprinkler requirement), and has passed a law preventing
local jurisdictions from passing their own requirements. In deference to this position and to
associated enforcement issues, the fire department is interested in reorienting the code to
provide similar increases in fire protection based on observed fire phenomena (e.g. multiple
lightening related fires and very large, open attic spaces that allow fire to spread very rapidly,
and so on) in the city by means other than requiring sprinklers in single family dwellings. The
Fire Marshal and the Building Official are currently working on a proposed revision to the code
with this and a better coordination of Fire Marshal and Building Official processes.
Funding and Fiscal Impact:
This will have no fiscal impact. It is simply a clarification of the code.
Alternatives:
Do not change the code according to these revisions.
Concurrent Review:
Chris Lagerbloom, City Manager
Jarrard and Davis, LLP, City Attorneys
Robert Edgar, Fire Chief
Wade Green, Building Official
Tom Wilson, Interim Community Development Director
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 1 of 18
ARTICLE I. - IN GENERAL
Secs. 22-1—22-18. - Reserved.
Secs. 22-1—22-18.- Reserved.
ARTICLE II. - FIRE DEPARTMENT
Sec. 22-19. - Fire chief and fire marshal appointed.
Sec. 22-20. - Fire prevention duties.
Sec. 22-21. - Authority at fires.
Sec. 22-22. - Unlawful acts interfering with firefighting activities.
Secs. 22-23—22-41. - Reserved.
Sec. 22-19.- Fire chief and fire marshal appointed.
The city manager shall appoint the fire chief and the fire marshal.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 1), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 1), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 1), 8-
18-2008)
Sec. 22-20.- Fire prevention duties.
(a) Code enforcement. 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) Inspectors. The fire chief may detail members of the fire department as inspectors. If necessary
these inspectors may be reassigned to the firefighting force at the discretion of the fire chief.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 2), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 2), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 2), 8-
18-2008)
Sec. 22-21.- 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.
(1) It shall be the duty of the fire chief or his or her designee to:
a. Superintend the fire department while performing any public duty in fighting a fire;
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 2 of 18
b. Give general and specific directions as to the manner of fighting fires, such as:
1. The use of a hose and apparatus; and
2. The specific duties and assignments of the various members of the fire department
in attendance at a fire.
(2) 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 or other emergency that could impact
public safety, may direct or assist the city police department in directing traffic in the immediate vicinity.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 8), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 8), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 8), 8-
18-2008)
Sec. 22-22.- Unlawful acts interfering with firefighting activities.
(a) No person, except an active member of the fire department, shall at any time:
(1) Enter within the territory or vicinity of any fire, when the area is roped off or access is denied
by the city police or firefighters at the direction of the incident commander;
(2) Interfere with or attempt to operate any of the apparatus or equipment of the fire department
or any fire hydrant; or
(3) Interfere by giving orders to any individual, unless requested to do so by the fire chief or fire
officers under his or her direction.
(b) However, the following persons may be specifically authorized by the fire chief or his or her
designee to enter the restricted areas:
(1) The mayor or any councilmember;
(2) Any police officer or other law enforcement officer;
(3) The owner or occupant of the property;
(4) The city manager; or
(5) Any other persons.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 10), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 10), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 10), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
10), 8-18-2008)
Secs. 22-23—22-41.- Reserved.
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 3 of 18
ARTICLE III. - FIRE CODE
DIVISION 1. - GENERALLY
DIVISION 2. - REGULATIONS
DIVISION 1. - GENERALLY
Sec. 22-41. Applicability of State Minimum Fire Safety Standards within the corporate limits of the City of Milton.
Sec. 22-42. - Applicability of building and fire-related codes to existing buildings.
Sec. 22-43. - Authority to amend article.
Sec. 22-44. - New materials, processes or occupancies which ma y require permits.
Sec. 22-45. - Appeals.
Secs. 22-46—22-64. - Reserved.
Sec. 22-41.- Applicability of State Minimum Fire Safety Standards within the corporate limits of the City
of Milton.
(a) Pursuant to Milton Resolution 07-09-59, the City adopts the state minimum fire safety standards
established in the rules and regulations promulgated pursuant to Chapter 2 of Title 25, including all
subsequent revisions thereof. The City of Milton will enforce the state minimum fire safety standards as
set forth in subsection (a) of Code Section 25-2-12 with respect to those buildings and structures listed
in Code §25-2-13, except for hospitals, nursing homes, jails, ambulatory health care centers, and penal
institutions and except for buildings and structures which are owned and operated or occupied by the
State.
(b) The City of Milton will be responsible for enforcing such fire safety standards within its jurisdiction
and will:
(1) Conduct fire safety inspections on existing buildings and structures;
(2) Review plans and specifications for proposed buildings and structures, issue building
permits when plans are approved, and conduct fire safety inspections of such buildings and
structures;
(3) Issue permanent and temporary certificates of occupancy;
(4) Conduct origin and cause and arson investigations.
5. The City of Milton will charge and retain appropriate fees for performing the above listed duties in
accordance with the fee schedule established by the City.
Sec. 22-42.- Applicability 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 city limits. A copy will be on file in the city clerk's
Formatted: Font: 9 pt
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 4 of 18
office for inspection by the public.
(b) Any other provision of the City Code which does not adopt state law by reference and which is
more restrictive than the rules of the state safety fire commissioner shall be controlling over the rules of
the state 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 the city council, and thereby incorporated herein; provided that any
changes in the standard text shall be made available to the public for inspection in the city clerk's office.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 15), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 15), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 15), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
15), 8-18-2008)
Sec. 22-43.- Authority to amend article.
The Whenever there are practical difficulties involved in carrying out the provisions of this code, the fire
chief marshal or in conjunction with the fire marshal chief shall have power to modify any of the
provisions of this article of Milton City Code upon an application in writing by the owner or lessee, or a
duly authorized agent, when there are serious difficulties in carrying out the strict letter of the code;
provided that the fire chief and fire marshal shall first find that special individual reason makes the strict
letter of the code impractical and the modification is in compliance with the spirit of the code shall be
observed, that public safety is secured, and substantial justice done. The particulars of such
modification, when granted or allowed, and the decision of the fire chief or and fire marshal thereon
shall be entered upon the records of the fire department and a signed copy shall be furnished to the
applicant.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 4), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 4), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 4), 8-
18-2008)
Sec. 22-44.- New materials, processes or occupancies which may require permits.
(a) 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 this article.
(b) 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.
(c) 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.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 6), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 6), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 6), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 6), 8-
18-2008)
Sec. 22-45.- Appeals.
(a) Any person aggrieved by an action of the fire chief, the fire marshal or other city official or
employee of the city 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
Comment [m1]: I am not quite sure what this is
meant to do. Title 8 appears to specifically exempt
this code from fire safety regulations and instead
directs reader to Title 25 and the minimum state
standards.
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 5 of 18
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 construction board of appeals in accordance with Chapter 10, Buildings
and Building Regulations, of the city code and the rules of the construction board of appeals.
.
(b) All appeals, pursuant to this section, must be filed in writing with the city 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 public works department.
(c) Any person aggrieved by an action of the city construction board of appeals may appeal within 30
days to the Superior Court of Fulton County, Georgia, by writ of certiorari.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 5), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 5), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 5), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 5), 8-
18-2008)
Secs. 22-46—22-64.- Reserved.
DIVISION 2. - REGULATIONS
Sec. 22-65. - City fire limits; storage of explosives, flammable liquids and liquefied petroleum gases.
Sec. 22-66. - Obstruction of, or tampering with fire hydrant and apparatus prohibited.
Sec. 22-67. - Open burning.
Sec. 22-68. - Sprinkler protection required.
Sec. 22-69. - Plan review and inspection fee schedule relating to fire marshal requirements.
Secs. 22-70—22-89. - Reserved.
Sec. 22-65.- City fire limits; storage of explosives, flammable liquids and liquefied petroleum gases.
(a) Districts within the city where storage of explosives, flammable liquids or liquefied petroleum
gases are restricted or permitted under this article shall be legally described in a map entitled "City of
Milton Fire District."
(b) Maps, which shall be approved by the city council and maintained in the city clerk's office, shall be
available for inspection by the public.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 3), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 3), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 3), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 3), 8-
18-2008)
Sec. 22-66.- Obstruction of, or tampering with fire hydrant 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
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.59"
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 6 of 18
fire chief or his or her designee. Any person who violates this section shall upon conviction be punished
in accordance with the general penalty in section 1-5
(b) Without the fire chief's consent, 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 fire chief's consent.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 9), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 9), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 9), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 9), 8-
18-2008)
Sec. 22-67.- Open burning.
(a) State regulations incorporated. Open burning is prohibited in the city, with certain exemptions as
set forth in this section. The provisions of O.C.G.A. § 391-3-1.02(5) of the regulations promulgated by
the state 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.
(b) When permitted. Open burning is prohibited in all zoning districts other than agricultural districts
except under the following circumstances and conditions:
(1) Open burning in a reasonable fashion for the purpose of cooking food for immediate human
consumption is allowed;
(2) Bonfires, recreation fires or fires used for promoting an outdoor event are allowed; provided
fires in excess of three feet across are subject to permitting by the fire department;
(3) Warming fires in barrels of 55-gallon capacity or less are allowed at construction sites;
provided that the outside temperature is 50 degrees Fahrenheit or less and the fire does not
produce dense smoke or obnoxious odors. Untreated wood or lumber shall be the only material or
substance allowed in a warming fire. Warming fires must be attended and are authorized only at
sites where no certificate of occupancy has been issued. It is specifically declared the
responsibility of all city building inspectors and other enforcement personnel to assist the fire
marshal in the regulation and enforcement of these warming fire provisions; and
(4) Fires set for purposes of training city firefighting personnel are allowed.
(c) Burning under hazardous conditions. The fire marshal may prohibit any open burning when
atmospheric conditions or local circumstances make such burning hazardous.
(d) Liability of applicant. Nothing herein shall be construed to limit the liability of the
landowner/applicant for any damages caused as a result of fire.
(Ord. No. 06-11-60, § 1(ch. 12, art. 5, § 3, ch. 15 , art. 3, § 12), 11-21-2006; Ord. No. 07-04-23, § 1(ch.
12, art. 5, § 3), 4-19-2007; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 12), 3-17-2008; Ord. No. 08-06-08, §
1(ch. 15, art. 3, § 12), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 11), 8-18-2008)
Formatted: Indent: Left: 0", Tab stops:
0.69", Left + 1.04", Left + 1.39", Left +
1.74", Left + 2.08", Left
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 7 of 18
Sec. 22-68.- Sprinkler protection required.
(a) Definitions. As used in this section, the following terms shall have the meanings set forth herein:
Approved system-commercial areas means 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.
Approved system-commercial/residential, means commercial buildings over 5,000 square feet, or
residential structures, or those structures required to be sprinkled by some other code. The term
"approved system-commercial/residential" means a sprinkler system designed in accordance with
National Fire Protection Association Standards and referenced publications.
Commercial means:
(1) A business involved in the exchange of services, productions, or property of any kind; and
(2) The buying, selling and exchange of articles.
Modified sprinkler system means a combination sprinkler system operating off the domestic water
supply designed in accordance with specifications on file in the fire marshal's office.
Multifamily residential structures means a structure with a maximum of four stories in height, except
duplex and freestanding single-family residences. The term "story" means that portion of a building
included between the upper surface of the floor and the upper surface of the floor or roof next above.
New, includes 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. The term
"substantial renovation" means 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.
(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.
a. The fire marshal will give consideration to such things as:
1. Building construction;
2. Products stored;
3. Arrangement of storage;
4. Number of employees in the area;
5. Access to the building; and
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 8 of 18
6. Any other fire protection features provided.
b. This exception will not be allowed for additions to existing sprinkled buildings.
c. For buildings storing materials that are water reactive or may be damaged more 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 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.
(ed) 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 the
manufacturer's recommendation.
(fe) The owner is responsible for the inspection and testing of the sprinkler system in accordance with
the rules of the state safety fire commissioner.
(gf) If this Code in any way conflicts with the provisions in the city's building code, the fire prevention
code, or the life safety code State Minimum Fire Safety Standards, the more restrictive shall apply.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 14), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 14), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 14), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
13), 8-18-2008)
Sec. 22-69.- Plan review and inspection fee schedule relating to fire marshal requirements.
The city and public safety departmentfire department, in accordance with common professional
practice, have established fees for plan reviews and inspections conducted by the fire marshal or
his/her designee. These fees are established in addition to any and all fees levied by the other relevant
city departments. The plan review and inspection fees are included in the city's fee schedule.
(Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 16), 8-18-2008)
Sec. 22-70.- Prohibited use of open-flame cooking devices.
With the exception of one- and two-family dwellings, and occupancies where buildings, balconies and
decks are protected by an automatic sprinkler system, the use of charcoal burners, gas grills, and other
types of open-flame cooking device shall be prohibited on balconies, in breezeways, within the means of
emergency egress, or within 10 feet of combustible construction.
Formatted: Font: Italic
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 9 of 18
No prohibited-use grills as defined by this Section may be stored in breezeways, balconies/patios,
stairways or exit access areas of the above.
Electric grille or similar electrical apparatus shall be permitted so long as they are not modified to
charcoal or wood use or produce and open flame.
Secs. 22-7071—22-89.- Reserved.
ARTICLE IV. - KEY LOCKBOX SYSTEM
Sec. 22-90. - For commercial, residential and other locations with restricted access through locked gates.
Sec. 22-91. - For certain buildings as designated by the fire marshal.
Secs. 22-92—22-110. - Reserved.
Sec. 22-90.- 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) Multifamily residential structures that have restricted access through locked gates; and
(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 the ordinance from which this section is
derived and subject to this section shall have one year from the effective date of the ordinance from
which this section is derived 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.
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 10 of 18
(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 article shall take effect immediately upon its passage.
(Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 16), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 16), 6-2-
2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 17), 8-18-2008)
Sec. 22-91.- 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) Multifamily residential structures that have restricted access through locked doors and have a
common corridor for access to the living units; and
(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 the ordinance from which this section is derived and subject to this section shall have one year
from the effective date of the ordinance from which this section is derived 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.
(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 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 article shall take effect immediately upon its passage.
(Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 17), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 17, 6-2-
2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 18), 8-18-2008)
Secs. 22-92—22-110.- Reserved.
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 11 of 18
ARTICLE V. - FIRE LANES
Sec. 22-111. - Definitions.
Sec. 22-112. - Purpose and scope.
Sec. 22-113. - Specifications for easy identification.
Sec. 22-114. - Approval; property owner responsible for maintenance.
Sec. 22-115. - Unlawful to place "Fire Lane" signs in areas not so designated.
Sec. 22-116. - Violations; exception for authorized emergency vehicle.
Sec. 22-117. - Authority of law enforcement officer and fire inspector to enforce article.
Sec. 22-118. - Authority in emergency situations.
Sec. 22-119. - Disclaimer of liability for enforcement of article pertaining to maintenance and clearing.
Sec. 22-120. - Enforceability of properly placed signs.
Secs. 22-121—22-139. - Reserved.
Sec. 22-111.- Definitions.
The words used in this article shall have their normal accepted meanings except as set forth in this
section:
Authorized emergency vehicle means:
(1) A motor vehicle belonging to a public utility corporation and designated as an emergency
vehicle by the public safety department;
(2) A motor vehicle belonging to a fire department or a certified private vehicle belonging to a
volunteer fireman or a firefighting association, partnership, or corporation;
(3) An ambulance; or
(4) 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.
Enforcement officer means any duly authorized law enforcement officer employed by the city.
Fire lanes means areas designated by the fire official providing access for fire department vehicles to
buildings, fire department connections and fire hydrants. The term "fire lanes" 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:
(1) Shopping centers;
(2) Theaters;
(3) Hospitals;
(4) Bowling lanes;
(5) Churches;
(6) Multifamily housing; and
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 12 of 18
(7) High-rise buildings.
Fire official means the fire officer or other designated authority, or their duly authorized representative,
charged with the administration and enforcement of this article.
Master plats means all original plats drawn in accordance with this article; all copies distributed shall be
from this original drawing.
New building means any commercial structure or public facility whose certificate of occupancy was
issued after the effective date of Ordinance No. 4782 from which this article is derived.
Plats means the 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 article. Such maps
shall be drawn to scale.
Property owner means each person possessing any estate, or leasehold right in the property being
designated as a fire lane.
Ticket means an order issued out of court by a city enforcement officer directing a violator of this article
to comply with all civil fines as set forth in section 22-1160.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 2), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 2), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 2), 8-
18-2008)
Sec. 22-112.- Purpose and scope.
It is the declared purpose of this article to:
(1) Provide for the designation and identification of the lanes;
(2) Provide for the manner, method and language for the posting of signs;
(3) Establish the penalty for a violation of this article;
(4) Identify and designate the persons who have authority to enforce this article and the limits of
such authority;
(5) Prohibit parking in fire lanes;
(6) Provide for the method of submitting properties to this article;
(7) Repeal all ordinances in conflict herewith; and
(8) Provide for other purposes.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 1), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 1), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 1), 8-
18-2008)
Sec. 22-113.- Specifications for easy identification.
(a) Minimum requirements. Every existing building and all new buildings shall be accessible to fire
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 13 of 18
department apparatus by way of designated fire lanes with an all-weather driving surface of not less
than 20 feet of unobstructed width.
(1) There shall be a minimum roadway turning radius of 35 feet.
(2) There shall be a minimum vertical clearance of 13 feet, six inches.
(3) The minimum hard surface subbase paving specification shall be at least 1½ inches of
asphalted topping on at least six inches of bound-crushed stone, or the equivalent, capable of
supporting the gross vehicle weight of a fire apparatus.
(4) During construction, when combustibles are 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.
(5) Where fire protection systems approved by the fire official are provided, the required
clearances stated in subsections (a)(1) through (a)(3) of this section may be modified by the fire
official.
(6) 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.
(7) The creation, deletion, or modification of a fire lane shall be done in the fire official's best
professional judgment.
(b) Appeal. Any owner of a building aggrieved by the decision of the fire official under this section may
appeal the fire official's decision to the city manager within 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 30 days from the receipt of the written
appeal from the owner.
(c) Sign criteria. The areas designated as fire lanes shall have signs posted meeting the following
criteria:
(1) Signs 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 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) Additional requirements. The fire official may order curbs to be painted yellow or other distinctive
colors.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 3), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 3), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 3), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 3), 8-
18-2008)
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 14 of 18
Sec. 22-114.- Approval; property owner responsible for 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
the fire department access by the fire official shall be maintained in a passable condition as follows:
(1) Private property owners or their representatives shall be responsible for keeping all fire lanes
on their property free from obstructions.
(2) Public property owners, the city, or their representatives shall be responsible for keeping all
fire lanes within the city's jurisdiction free of obstructions.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 4), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 4), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 4), 8-
18-2008)
Sec. 22-115.- Unlawful to place "Fire Lane" signs in areas not so designated.
(a) 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 section 22-113 shall be subject to a
fine of $150.00 for each violation; provided, however, that the fine will be waived if the required
specifications are made within 14 days from the date of the citation.
(b) If that private or public property owner fails or refuses to meet said requirements on his or her
property within such 14 days he or she shall, on the 15th day after receiving the citation, be subject to
the $150.00 fine for each violation and an additional $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.
(c) All fines assessed under this section shall be paid into the city treasury.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 5), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 5), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 5), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 5), 8-
18-2008)
Sec. 22-116.- Violations; exception for authorized emergency vehicle.
(a) 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.
(b) Enforcement of this section shall be through a civil action in the 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) Fine amounts. The first violation of parking in a fire lane within any 30-day period shall be
punished by a $25.00 civil fine; provided, however, the second violation within any 30-day period
shall be punishable by a civil fine of $40.00; and a civil fine of $50.00 may be levied for each
violation thereafter occurring within any 30-day period.
(2) Payment within 48 hours or request for hearing required. The person receiving a ticket for a
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 15 of 18
violation of this section may pay the civil fine by return mail to the city municipal court or its
designated receiver within 48 hours of the issuance of the ticket or may request a hearing within
48 hours to contest the issuance of the ticket. In the event the civil fine is not paid within 48 hours,
the municipal court may issue a citation for contempt requiring the offender to show cause why he
or she 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.
(c) 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.
(d) 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.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 6), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 6), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 6), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 6), 8-
18-2008)
Sec. 22-117.- Authority of law enforcement officer and fire inspector to enforce article.
A duly authorized law enforcement officer employed by the city and uniformed fire inspectors shall have
the authority for enforcement of fire lanes.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 7), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 7), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 7), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 7), 8-
18-2008)
Sec. 22-118.- Authority in emergency situations.
(a) In addition to all powers authorized by state law, in the event of any fire, explosion, bomb threat, or
similar emergency, the city fire department 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.
(b) The officers, members, agents or employees of the city fire department shall not be liable at law
for any act done while actually fighting a fire or performing duties at the scene of an emergency.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 8), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 8), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 8), 8-
18-2008)
Sec. 22-119.- Disclaimer of liability for enforcement of article pertaining to maintenance and clearing.
The city 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.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 9), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 9), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 9), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 9), 8-
18-2008)
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 16 of 18
Sec. 22-120.- Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance with the provisions of
this article 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.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 10), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 10), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 10), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, §
10), 8-18-2008)
Secs. 22-121—22-139.- Reserved.
ARTICLE VI. - APPLICABILITY OF FIRE REGULATIONS
Sec. 22-140. - Petition requesting application of chapter to properties.
Sec. 22-141. - Plat descriptions for fire official.
Secs. 22-142—22-160. - Reserved.
Sec. 22-140.- Petition requesting application of chapter to properties.
Properties may become subject to this 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.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 11), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 11), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 11), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, §
11), 8-18-2008)
Sec. 22-141.- Plat descriptions for fire official.
(a) Any property which falls within the city's jurisdiction shall have all fire delineations visually depicted
on a plat. These plats shall be designed by the owner and submitted to the city fire department and
copies shall be maintained with the city clerk. Each visual depiction shall identify all:
(1) Building exterior walls;
(2) Traffic and parking lanes; and
(3) Sidewalks.
(b) The area to be designated as a fire lane 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 8½ 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, as approved by the fire official, with whom all master plats will be filed.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 12), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 12), 3-
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 17 of 18
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 12), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, §
12), 8-18-2008)
Secs. 22-142—22-160.- Reserved.
ARTICLE VII. - BUILDING NUMBERING
Sec. 22-161. - Responsibility of property owner or occupant.
Sec. 22-162. - Six month grace period.
Sec. 22-163. - Fine.
Sec. 22-161.- Responsibility of property owner or occupant.
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, 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 who are over 18 years of age.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
12), 8-18-2008)
Sec. 22-162.- Six month grace period.
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 manmade objects. All owners of apartment complexes lying within
the city will have a grace period of six months from the effective date of the ordinance from which this
article is derived to come into compliance.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
12), 8-18-2008)
Sec. 22-163.- Fine.
All persons who violate this section shall be subject to a fine in an amount set by city council resolution.
If the person does not remedy the violation, every 30 days shall be deemed a separate offense.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
12), 8-18-2008)
PART II - CODE OF ORDINANCES
Chapter 22 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Milton, Georgia, Code of Ordinances
Page 18 of 18
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMMEND CHAPTER 22: FIRE PRVENTION AND
PROTECTION OF THE MILTON CODE OF ORDINANCES
WHEREAS, Chapter 22 of the City of Milton Code of Ordinances regulates Fire Prevention and
Protection Standards within the City of Milton; and
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on September 19, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to Fire Prevention and Protection
Standards in the City of Milton is amended, is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19st day of September, 2011.
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton, Georgia
Fiscal Year 2011
Summary of Departmental Budget Amendments #1
Exhibit A
The goal of the fiscal year 2011 budget amendment is to revise departmental budgets and interfund transfers based
on activity-to-date and future projections.
GENERAL FUND
The General Fund is the principal operating fund of the government and is used to facilitate current year operations.
General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories:
Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay,
retirement and other associated payroll expenditures. The maintenance/ operating category includes expenditures
related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities,
communications, machinery & equipment, etc.
GENERAL FUND SUMMARY:
Revenue Appropriation Increase 767,079
Expenditure Appropriation Increase 1,362,724
Net Revenue/(Expenditure) Requests:(595,645)
Budgeted Fund Balance:
An adequate level of fund balance (i.e., the difference between the City’s assets and liabilities) is essential to mitigate
current and future risks and to ensure stable service levels. It also is a crucial consideration in long-term financial
planning for capital projects. At the end of fiscal year 2010, the City’s General Fund fund balance totaled
approximately $7.8 million. During fiscal year 2011, opportunities arose to acquire two pieces of property: 1) acreage
on Highway 9 for a public safety campus and to provide connectivity between the new high school and Highway 9
and 2) a two hundred plus year old house on Hopewell Rd whose use is to be determined. The total amount of the
acquisitions was $1,645,457. This was funded by the contingencies in both the Capital Projects Fund and the
General Fund as well as a portion of the fund balance. The General Fund fund balance will decrease by $595,645.
Revenue Amendments:
The change in original revenue estimates for the following revenue sources is driven by analysis of the activity-to-
date. A projection was completed using available data indicating the fiscal year 2011 revenue estimates could be
adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as
follows:
1. Property Taxes were increased by an overall total of $617,389 to account for higher than anticipated prior
year collections.
2. License and Permits were increased by $101,867 due in large part to a change in the contract with
SAFEbuilt of Georgia for building inspection services. Previously, the contract called for a revenue sharing of
80%/20% and the company would provide the Permit Tech. The contract was renegotiated with a 70%/30%
split and the Permit Tech was brought on board as a City employee. Building permit fees are also higher
than anticipated.
3. Charges for Services increased by $38,352 due to the Court Admin Fees trending higher than anticipated.
4. Fines and Forfeitures are trending lower than anticipated. A decreased $82,275 is being proposed.
5. Miscellaneous Revenue was increased by $78,746 to account for the cell tower lease payments that we
received from Fulton County and AT&T.
Fiscal Year 2011 Budget Amendment
2
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
TAXES
Current Yr Property Taxes‐Real $ 7,500,000 $ ‐ $ (7,500,000) $ (200,000) $ 7,300,000
Current Yr Property Taxes‐Utility 50,691 51,028 337 337 51,028
Prior Yr Property Taxes‐Real 900,000 1,411,398 511,398 600,000 1,500,000
Current Yr Prop Taxes‐Personal 120,000 ‐ (120,000) ‐ 120,000
Motor Vehicle Tax 450,000 401,464 (48,536) 100,000 550,000
Intangible Tax 160,000 133,029 (26,971) 20,000 180,000
Prior Yr Prop Taxes‐Personal 37,000 13,623 (23,377) (23,377) 13,623
Real Estate Transfer Tax 37,000 28,982 (8,018) ‐ 37,000
Franchise Fees 1,700,000 1,413,410 (286,590) ‐ 1,700,000
Local Option Sales Tax 3,540,000 2,707,051 (832,949) 100,000 3,640,000
Alcohol Beverage Excise Tax 280,000 211,150 (68,850) (5,000) 275,000
Business & Occupation Tax 550,000 559,036 9,036 10,000 560,000
Insurance Premium Tax 850,000 ‐ (850,000) ‐ 850,000
Financial Institution Tax 26,000 30,899 4,899 4,899 30,899
Penalties & Interest‐Real Prop 55,000 62,217 7,217 8,000 63,000
Penalties & Interest‐Pers Prop 1,000 185 (815) (815) 185
Penalties & Interest‐Business Lic 2,000 5,547 3,547 3,547 5,547
Penalties & Interest‐Other 1,000 798 (202) (202) 798
LICENSES & PERMITS
Alcohol Beverage Licenses 150,000 138,000 (12,000) (12,000) 138,000
Advertising Fee 1,000 1,200 200 200 1,200
REVENUES
Pouring Permit 4,500 6,728 2,228 2,228 6,728
Solicitation Permit 600 ‐ (600) (600) ‐
Zoning & Land Use Permits 7,000 5,150 (1,850) (1,850) 5,150
Land Disturbance 6,000 14,428 8,428 8,428 14,428
Modification 2,000 4,600 2,600 2,600 4,600
Variance 8,000 6,350 (1,650) (1,650) 6,350
Seasonal & Special Events 600 750 150 150 750
Sign Permits 8,750 3,061 (5,689) (5,689) 3,061
Building Permits 75,000 167,649 92,649 110,000 185,000
NPDES Fees 300 350 50 50 350
CHARGES FOR SERVICES
Finance Admin Fee 68,000 63,687 (4,313) (4,000) 64,000
Court Admin Fee 110,000 120,021 10,021 40,000 150,000
Planning & Development Fees ‐ ‐ ‐
Maps & Cert Letters 500 180 (320) (320) 180
Plan Review Fees 55,000 55,831 831 831 55,831
Open Records Fees 1,000 449 (551) (551) 449
Development Bond Fee 1,500 200 (1,300) (1,300) 200
Election Qualifying Fee ‐ ‐ ‐ 2,640 2,640
Accident Reports 5,000 4,024 (976) (900) 4,100
Expungement Fees 600 1,450 850 900 1,500
Alarm Registration 5,000 6,475 1,475 1,500 6,500
Fiscal Year 2011 Budget Amendment
3
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
Alarm Registration Penalties ‐ ‐ ‐
False Alarms 13,000 16,650 3,650 4,000 17,000
Fire Plan Review 500 836 336 340 840
Fire Inspection 600 374 (226) (226) 374
Background Check Fees 8,500 11,130 2,630 2,750 11,250
Activity Fees 35,000 (35,000) (35,000) ‐
Activity Fees/Camp Bethwell ‐ 17,686 17,686 18,000 18,000
Activitiy Fees/Joyful Soles ‐ 11,453 11,453 11,775 11,775
Facility Rental 10,000 1,333 (8,668) (8,667) 1,333
Activity Commissions 3,500 7,237 3,737 6,820 10,320
Bad Check Fees 300 60 (240) (240) 60
FINES & FORFEITURES
Fines & Forfeitures 500,000 345,132 (154,868) (80,000) 420,000
Ordinance Fines 2,500 225 (2,276) (2,275) 225
INVESTMENT INCOME
Interest Revenue 5,000 674 (4,326) ‐ 5,000
Realized Gain/Loss on Investmt 10,000 13,632 3,632 ‐ 10,000
CONTRIBUTIONS & DONATIONS
Donation Revenue‐Pub Sfty ‐ ‐ ‐ 1,000 1,000
MISCELLANEOUS REVENUE
Cell Tower Lease ‐ ‐ 74,685 74,685
Insurance Proceeds‐Pub Sfty ‐ 293 293 293 293
Insurance Proceeds‐PW ‐ 4,390 4,390 4,390 4,390
Other Misc Revenue 37,802 37,180 (622) (622) 37,180
OTHER FINANCING SOURCES
Operating Transfers In‐Htl/Mtl Fd ‐ ‐ ‐ 12,000 12,000
TOTAL REVENUES $ 17,396,743 $ 8,098,686 $ (9,298,057) $ 767,079 $ 18,163,822
Fiscal Year 2011 Budget Amendment
4
Expenditure Amendments:
The recommended expenditure amendments are presented on the following pages by department.
Budget
FY 2011
Requested
Amendments
FY 2011
Final
Amended
Budget
FY 2011
Expenditures
Mayor & Council 166,912 ‐ 166,912
City Clerk 224,741 ‐ 224,741
City Manager 297,343 ‐ 297,343
General Administration 548,694 ‐ 548,694
Finance 517,011 ‐ 517,011
Legal 240,000 ‐ 240,000
Information Technology 525,571 (22,880) 502,691
Human Resources 238,606 ‐ 238,606
Risk Management 175,621 ‐ 175,621
General Govt Buildings ‐ 59,600 59,600
Public Info & Marketing 85,371 ‐ 85,371
Municipal Court 226,604 ‐ 226,604
Police 2,524,380 ‐ 2,524,380
Fire 4,196,653 (16,000) 4,180,653
EMS Operations 136,881 ‐ 136,881
Public Works 1,513,980 (4,300) 1,509,680
Parks & Recreation 357,374 ‐ 357,374
Community Development 652,724 50,680 703,404
Debt Service 716,543 ‐ 716,543
Other Financing Uses 3,918,284 1,429,074 5,347,358
Contingency 133,450 (133,450) ‐
Total Expenditures 17,396,743 1,362,724 18,759,467
General Fund
Fiscal Year 2011 Budget Amendment
5
INFORMATION TECHNOLOGY
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
SALARIES & WAGES/REGULAR EMPLOYEES 18,591 18,590.45 0.55 18,591
EMPLOYEE BENEFITS / GROUP INSURANCE 23,541 659.32 22,881.68 (22,880) 661
EMPLOYEE BENEFITS / 401A (SS MATCH)698 697.12 0.88 698
EMPLOYEE BENEFITS / FICA MEDICARE 253 252.95 0.05 253
PENSION (GMEBS)4,709 4,708.08 0.92 4,709
WORKER'S COMPENSATION 799 799.00 ‐ 799
PROFESSIONAL FEES 1,725 1,724.50 0.50 1,725
COMMUNICATIONS/CELL PHONE 1,920 1,654.20 265.80 1,920
COMMUNICATIONS/FIRE DEPT POTS LINES 12,500 10,967.39 1,532.61 12,500
COMMUNICATIONS/ATT ‐ CITY HALL POTS LINES/BANDWITH 89,000 72,977.79 16,022.21 89,000
COMMUNICATIONS/POSTAGE 37 36.06 0.94 37
PRINTING 93 ‐ 93.00 93
CONTRACT LABOR 6,861 6,860.35 0.65 6,861
MAINT CONTRACTS/OPTIVIEW 12,100 12,100.00 ‐ 12,100
MAINT CONTRACTS/GODADDY .COM 100 ‐ 100.00 100
MAINT CONTRACTS/EXPERTS‐EXCHANGE 180 155.40 24.60 180
MAINT CONTRACTS/ENERGOV 26,544 26,544.00 ‐ 26,544
MAINT CONTRACTS/ARC GIS 7,700 7,700.00 ‐ 7,700
MAINT CONTRACTS/SHORETEL 5,900 5,874.09 25.91 5,900
MAINT CONTRACTS/INCODE 23,000 ‐ 23,000.00 23,000
MAINT CONTRACTS/MDS MAINTENANCE 6,000 6,000.00 ‐ 6,000
MAINT CONTRACTS/ALEN SIMS 2,220 2,220.00 ‐ 2,220
MAINT CONTRACTS/OFFSITE BACKUP 9,850 9,850.00 ‐ 9,850
MAINT CONTRACTS/FIREHOUSE 9,700 9,285.00 415.00 9,700
MAINT CONTRACTS/NETMOTION 2,893 1,506.21 1,386.79 2,893
MAINT CONTRACTS/GUARDIAN TRACKING 1,000 680.00 320.00 1,000
MAINT CONTRACTS/OSSI 27,176 27,175.95 0.05 27,176
MAINT CONTRACTS/ICOP DIGITAL 12,514 ‐ 12,514.00 12,514
MAINT CONTRACTS/DIGICERT 350 328.00 22.00 350
MAINT CONTRACTS/IT IGA JOHNS CREEK 203,954 186,140.94 17,813.06 203,954
MAINT CONTRACTS/BARRACUDA MESSAGE MAINT.3,652 3,651.56 0.44 3,652
SUPPLIES / GENERAL SUPPLIES 300 112.80 187.20 300
GENERAL SUPPLIES/PRINTER MAINTENANCE KITS 1,500 650.96 849.04 1,500
GENERAL SUPPLIES/PLOTTER INK 700 292.34 407.66 700
GENERAL SUPPLIES/PLOTTER PAPER 600 415.22 184.78 600
OTHER EQUIP/COMPUTER EQUIP&SUPPLIES 6,211 6,104.61 106.39 6,211
OTHER EQUIP/DESKTOP PRINTERS 500 154.00 346.00 500
OTHER EQUIP/CITY PHONE SYSTEM 200 62.43 137.57 200
TOTAL INFORMATION TECHNOLOGY 525,571 426,930.72 98,640.28 (22,880) 502,691
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Group Insurance (22,880)
Total Decrease (22,880)$
TOTAL IT BUDGET AMENDMENTS (22,880)$
Move funds to Comm Dev department to cover
group insurance costs
Amendment Reason
Fiscal Year 2011 Budget Amendment
6
GENERAL GOVERNMENT BUILDINGS
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
PROFESSIONAL FEES ‐ 35,762.00 (35,762.00) 44,600 44,600
FACILITIES REPAIRS & MAINTENANCE ‐ 1,565.00 (1,565.00) 15,000 15,000
TOTAL GENERAL GOVERNMENT BUILDINGS ‐ 37,327.00 (37,327.00) 59,600 59,600
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Professional Fees 44,600
2. Facilities Repairs & Maintenance 15,000
Total Increase 59,600$
59,600$
Amendment Reason
TOTAL GENERAL GOVT BUILDINGS BUDGET
AMENDMENTS
Repairs & maintenance on Hopewell House
Engineering, surveying, & appraisal services for
new properties
Fiscal Year 2011 Budget Amendment
7
FIRE
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
SALARIES & WAGES/REGULAR EMPLOYEES 2,514,917 2,086,718.86 428,198.14 2,514,917
SALARIES AND WAGES / OVERTIME 55,512 49,494.92 6,017.08 55,512
SALARIES AND WAGES / HOLIDAY PAY 103,275 94,159.71 9,115.29 103,275
EMPLOYEE BENEFITS / GROUP INSURANCE 395,309 386,764.10 8,544.90 395,309
EMPLOYEE BENEFITS / 401A (SS MATCH)94,309 83,606.12 10,702.88 94,309
EMPLOYEE BENEFITS / FICA MEDICARE 36,465 30,996.45 5,468.55 36,465
401A 1% MATCH 26,259 19,126.09 7,132.91 26,259
PENSION (GMEBS)97,327 65,403.97 31,923.03 97,327
TUITION REIMBURSEMENT 6,000 5,100.00 900.00 6,000
UNEMPLOYMENT INSURANCE 12,420 2,224.48 10,195.52 12,420
WORKER'S COMPENSATION 147,413 119,874.62 27,538.38 147,413
FLEXIBLE SPENDING 27,943 27,942.50 0.50 27,943
PROFESSIONAL FEES/HEALTH & WELLNESS PROGRAM 16,314 15,510.00 804.00 16,314
PROFESSIONAL FEES/TLAER TRAINING INSTRUCTOR 200 170.00 30.00 200
PROFESSIONAL FEES/MEDICAL DIRECTION 30,800 23,646.00 7,154.00 30,800
PROFESSIONAL FEES/BIO HAZARD WASTE DISPOSAL 500 ‐ 500.00 500
GARBAGE PICKUP 5,800 3,912.46 1,887.54 5,800
EQUIPMENT R&M/STATION EQUIPMENT R & M 12,000 10,898.36 1,101.64 12,000
EQUIPMENT R&M/BREATHING APPARATUS TESTING/REPAIR 7,000 5,318.64 1,681.36 7,000
EQUIPMENT R&M/INSPECT/REPAIR HYD. RESCUE TOOLS 5,500 1,842.04 3,657.96 5,500
EQUIPMENT R&M/ APPARATUS R&M INCLUDING PUMP TEST 60,600 36,015.19 24,584.81 60,600
EQUIPMENT R&M/APPARATUS EMERGENCY REPAIRS 18,000 7,817.17 10,182.83 18,000
EQUIPMENT R&M/GAS DETECTOR REPAIR 4,076 ‐ 4,076.00 4,076
EQUIPMENT R&M/NOZZLES, VALVES, APPLIANCES, HOSE 1,500 438.75 1,061.25 1,500
EQUIPMENT R&M/ANNUAL HYDRANT MAINTENANCE 799 567.70 231.30 799
EQUIPMENT R&M/LADDER TESTING 1,200 ‐ 1,200.00 1,200
FACILITY REPAIR & MAINT 20,000 ‐ 20,000.00 (16,000) 4,000
VEHICLE REPAIR & MAINT 2,700 2,346.87 353.13 2,700
GROUNDS REPAIR & MAINT 500 ‐ 500.00 500
RENTAL LAND & BUILDINGS/STATION 43 LEASE 189,709 96,693.70 93,015.30 189,709
RENTAL EQUIP & VEHICLES 500 ‐ 500.00 500
COMMUNICATIONS 14,000 10,260.21 3,739.79 14,000
COMMUNICATIONS/POSTAGE 136 55.16 80.84 136
TRAVEL 2,400 2,339.96 60.04 2,400
DUES & FEES/PROFESSIONAL LICENSE RENEWALS 4,500 2,693.70 1,806.30 4,500
DUES & FEES/SUBSCRIPTIONS 250 250.00 ‐ 250
EDUCATION & TRAINING 200 128.16 71.84 200
EDUCATION & TRAINING/PROFESSIONAL DEVELOPMENT=$150 4,800 3,500.00 1,300.00 4,800
EDUCATION & TRAINING/CONTRACT‐ANNUAL EMT/PM TRAIN.3,000 ‐ 3,000.00 3,000
EDUCATION & TRAINING/MGMT PROFESSIONAL DEV 1,300 1,300.00 ‐ 1,300
MAINTENANCE CONTRACT/800 MHZ FEES TO FULTON COUNTY 5,050 3,785.97 1,264.03 5,050
MAINTENANCE CONTRACTS/PEST CONTROL ‐ FIRE STATIONS 3,135 1,392.50 1,742.50 3,135
MAINTENANCE CONTRACTS/FIRE EXTINGUISHER INSPECT.1,500 489.28 1,010.72 1,500
SUPPLIES / GENERAL SUPPLIES 18,000 8,665.99 9,334.01 18,000
GENERAL SUPPLIES/OXYGEN REFILLS 600 521.66 78.34 600
Fiscal Year 2011 Budget Amendment
8
FIRE
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
GENERAL SUPPLIES/MEDICAL SUPPLIES 14,000 10,292.86 3,707.14 14,000
GENERAL SUPPLIES PREVENTION/ARSON INVESTIGATION EQ 500 ‐ 500.00 500
GENERAL SUPPLIES PREVENTION/PREVENT. & EDU MAT.2,000 1,170.53 829.47 2,000
GENERAL SUPPLIES PREVENTION/HEART READY CITY PGR 2,000 533.57 1,466.43 2,000
GENERAL SUPPLIES PREVENTION/HYDRANT MARKER SYSTEM 10,325 9,564.73 760.27 10,325
GENERAL SUPPLIES PREVENTION/HYDRANT FLOW TEST KIT 42 ‐ 42.00 42
SUPPLIES / WATER / SEWAGE 6,500 1,741.60 4,758.40 6,500
SUPPLIES / NATURAL GAS 18,000 10,359.02 7,640.98 18,000
SUPPLIES / ELECTRICITY 22,000 18,365.78 3,634.22 22,000
SUPPLIES / GASOLINE/DIESEL 60,000 49,585.87 10,414.13 60,000
SUPPLIES / FOOD/MEALS 400 360.68 39.32 400
BOOKS & PERIODICALS/TRAINING MATERIALS 500 143.05 356.95 500
SUPPLIES / TELECOMMUNICATIONS 3,800 3,456.54 343.46 3,800
UNIFORMS/FIRE STANDARD UNIFORMS 22,600 13,168.29 9,431.71 22,600
UNIFORMS/TURN OUT GEAR 32,000 17,051.52 14,948.48 32,000
UNIFORMS/CLASS A UNIFORMS 3,500 2,993.00 507.00 3,500
MACHINERY & EQUIPMENT / MACHINERY 800 ‐ 800.00 800
FURNITURE & FIXTURES / PREVENTION 2,000 89.99 1,910.01 2,000
COMPUTER / SOFTWARE 4,000 4,000.00 ‐ 4,000
OTHER EQUIPMENT / SMALL EQUIPMENT 33,240 20,001.14 13,238.86 33,240
OTHER EQUIPMENT/EMS TRAINING AIDS 1,000 747.80 252.20 1,000
OTHER EQUIPMENT/RADIO CHARGERS & SPARE BATTERIES 2,298 ‐ 2,298.00 2,298
OTHER EQUIPMENT / CELL PHONES 1,430 1,429.15 0.85 1,430
TOTAL FIRE 4,196,653 3,377,026.41 819,626.59 (16,000) 4,180,653
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Facility Repair & Maintenance (16,000)
Total Decrease (16,000)$
(16,000)$
Amendment Reason
Transfer funds to Capital Projects Fund to cover
cost of station repairs currently underway
TOTAL FIRE BUDGET AMENDMENTS
Fiscal Year 2011 Budget Amendment
9
PUBLIC WORKS
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
SALARIES & WAGES/REGULAR EMPLOYEES 358,730 358,730.00 ‐ 358,730
EMPLOYEE BENEFITS / GROUP INSURANCE 39,511 33,924.89 5,586.11 (4,300) 35,211
EMPLOYEE BENEFITS / 401A (SS MATCH)13,452 13,452.00 ‐ 13,452
EMPLOYEE BENEFITS / FICA MEDICARE 4,983 3,877.57 1,105.43 4,983
401A 1% MATCH 2,842 1,524.32 1,317.68 2,842
PENSION (GMEBS)12,674 4,708.08 7,965.92 12,674
UNEMPLOYMENT INSURANCE 1,380 187.81 1,192.19 1,380
WORKER'S COMPENSATION 68,343 19,079.00 49,264.00 68,343
FLEXIBLE SPENDING 3,600 3,600.00 ‐ 3,600
PROF FEES/BULKY TRASH DAY 2,400 1,279.57 1,120.43 2,400
PROF FEES/ENGINEERING & SURVEYING SERVICES 10,000 1,936.46 8,063.54 10,000
PROF FEES CONTRACTED/LOWE ENGINEERING 46,125 46,125.00 ‐ 46,125
PROF FEES CONTRACTED/OVERHEAD TRIMMING & GRAVEL RD 30,000 ‐ 30,000.00 30,000
VEHICLE REPAIR & MAINT 1,500 1,088.33 411.67 1,500
GROUNDS REPAIR & MAINT 2,500 ‐ 2,500.00 2,500
COMMUNICATIONS 2,880 2,278.63 601.37 2,880
COMMUNICATIONS/800 MHZ FEES 525 ‐ 525.00 525
OTHER PURCHASED SERVICES 7,500 6,336.00 1,164.00 7,500
PRINTING 93 31.00 62.00 93
TRAVEL 1,560 464.01 1,095.99 1,560
DUES & FEES/PE LICENSE 50 50.00 ‐ 50
DUES & FEES/APWA 141 141.00 ‐ 141
DUES & FEES/IMSA 140 140.00 ‐ 140
ED & TRNG/FULL DEPTH RECLAMATION SEMINAR 250 250.00 ‐ 250
ED & TRNG/APWA 535 535.00 ‐ 535
ED & TRNG/NHIA 450 ‐ 450.00 450
ED & TRNG/CONTINUING EDUCATION 606 605.05 0.95 606
SUPPLIES / GENERAL SUPPLIES 1,500 81.78 1,418.22 1,500
GENERAL SUPPLIES/ADOPT‐A‐ROAD/STREAMSIDE CLEANUP 1,500 428.69 1,071.31 1,500
SUPPLIES / ELECTRICITY 315,040 255,400.37 59,639.63 315,040
SUPPLIES / GASOLINE/DIESEL 17,500 6,816.31 10,683.69 17,500
SUPPLIES / FOOD/MEALS 470 451.02 18.98 470
SUPPLIES / UNIFORMS 950 699.26 250.74 950
INFRASTRUCTURE/OPTECH RWM 447,000 325,153.65 121,846.35 447,000
INFRASTRUCTURE/SIGNAL ALLOWANCE 10,000 2,872.50 7,127.50 10,000
INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE 10,000 9,975.31 24.69 10,000
INFRASTRUCTURE/MATERIALS ALLOWANCE 30,000 10,003.69 19,996.31 30,000
INFRASTRUCTURE/TREE REMOVAL 5,000 4,850.00 150.00 5,000
INFRASTRUCTURE/SIGNAL MATERIALS 12,000 1,058.00 10,942.00 12,000
INFRASTRUCTURE/SIGN MATERIALS 40,000 3,371.15 36,628.85 40,000
OTHER EQUIPMENT 3,750 136.12 3,613.88 3,750
OTHER EQUIP/ADOPT‐A‐ROAD SIGNS 1,500 1,276.09 223.91 1,500
OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 5,000 3,039.07 1,960.93 5,000
TOTAL PUBLIC WORKS 1,513,980 1,125,956.73 388,023.27 (4,300) 1,509,680
Fiscal Year 2011 Budget Amendment
10
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Group Insurance (4,300)
Total Decrease (4,300)$
(4,300)$
Amendment Reason
Move funds to Comm Dev department to cover
group insurance costs
TOTAL PUBLIC WORKS BUDGET
AMENDMENTS
Fiscal Year 2011 Budget Amendment
11
COMMUNITY DEVELOPMENT
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
SALARIES & WAGES/REGULAR EMPLOYEES 491,900 431,395.10 60,504.90 23,500 515,400
EMPLOYEE BENEFITS / GROUP INSURANCE 62,639 89,189.31 (26,550.31) 27,180 89,819
EMPLOYEE BENEFITS / 401A (SS MATCH)19,332 16,187.44 3,144.56 19,332
EMPLOYEE BENEFITS / FICA MEDICARE 7,438 5,747.29 1,690.71 7,438
401A 1% MATCH 4,889 1,746.22 3,142.78 4,889
PENSION (GMEBS)12,656 9,416.28 3,239.72 12,656
UNEMPLOYMENT INSURANCE 240 (194.40) 434.40 240
WORKER'S COMPENSATION 16,437 16,437.00 ‐ 16,437
FLEXIBLE SPENDING 2,400 2,400.00 ‐ 2,400
VEHICLE REPAIR & MAINT 2,300 1,428.99 871.01 2,300
COMMUNICATIONS 6,280 6,240.97 39.03 6,280
COMMUNICATION/POSTAGE 200 25.97 174.03 200
ADVERTISING 5,400 4,914.70 485.30 5,400
PRINTING 1,000 973.73 26.27 1,000
TRAVEL 2,320 2,319.39 0.61 2,320
DUES AND FEES 1,910 1,910.00 ‐ 1,910
EDUCATION & TRAINING 3,096 3,096.00 ‐ 3,096
SUPPLIES / GENERAL SUPPLIES 1,100 986.28 113.72 1,100
SUPPLIES / GASOLINE/DIESEL 7,400 4,902.38 2,497.62 7,400
SUPPLIES / FOOD/MEALS 200 118.03 81.97 200
SUPPLIES / UNIFORMS 700 692.73 7.27 700
FURNITURE & FIXTURES 687 687.00 ‐ 687
OTHER EQUIPMENT / CELL PHONES 200 ‐ 200.00 200
OTHER EQUIPMENT / NPDES 2,000 1,170.00 830.00 2,000
TOTAL COMMUNITY DEVELOPMENT 652,724 601,790.41 50,933.59 50,680 703,404
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Salaries & Wages 23,500
2. Group Insurance 27,180
Total Increase 50,680$
50,680$
Amendment Reason
Cover cost of Permit Clerk and Interim Comm
Dev Director
Cover cost of group insurance
TOTAL COMMUNITY DEVELOPMENT BUDGET
AMENDMENTS
Fiscal Year 2011 Budget Amendment
12
OTHER FINANCING USES
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
TO CAPITAL PROJECTS FUND 3,598,573 ‐ 3,598,573.00 1,429,074 5,027,647
TO CAPITAL GRANT FUND 238,240 ‐ 238,240.00 238,240
TO OPERATING GRANT FUND 81,471 45,635.00 35,836.00 81,471
TOTAL OTHER FINANCING USES 3,918,284 45,635.00 3,872,649.00 1,429,074 5,347,358
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Operating Transer to Capital Projects Fund 1,429,074
Total Increase 1,429,074$
1,429,074$
Amendment Reason
To cover the cost of the land acquisitions
TOTAL OTHER FINANCING USES BUDGET
AMENDMENTS
Fiscal Year 2011 Budget Amendment
13
OTHER COSTS
Account Description
Current
Total Budget
Fiscal
Activity as of
8/15/11
Budget
Remaining
Requested
Amendments
Final Amended
Budget
CONTINGENCIES / UNALLOCATED 133,450 ‐ 133,450.00 (133,450) ‐
TOTAL OTHER COSTS 133,450 ‐ 133,450.00 (133,450) ‐
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Contingencies (133,450)
Total Decrease (133,450)$
(133,450)$
Amendment Reason
To help offset the cost of land acquisition
TOTAL OTHER COSTS BUDGET AMENDMENTS
Fiscal Year 2011 Budget Amendment
14
SPECIAL EVENTS FUND
This fund accounts for expending the hotel/motel excise tax and the outflow and inflow of funds association with the
numerous special events the City sponsors.
SPECIAL EVENTS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
MILTON ROUNDUP VENDOR FEE ‐ 2,200.00 (2,200.00) 2,200.00 2,200
EARTH DAY VENDOR FEE ‐ 240.00 (240.00) 240.00 240
MILTON ROUNDUP SPONSOR 10,000 3,525.00 6,475.00 (4,140.00) 5,860
EARTH DAY SPONSOR ‐ 3,200.00 (3,200.00) 3,200.00 3,200
CONCERT SPONSOR ‐ 500.00 (500.00) 500.00 500
DONATIONS/GENERAL 2,000 ‐ 2,000.00 (2,000.00) ‐
OTHER MISC REVENUE / T‐SHIRT SALES 500 126.00 374.00 500
OTHER MISC REVENUE / MAYOR'S RUN 2,000 440.86 1,559.14 2,000
HOTEL/MOTEL TAX FUND 35,000 35,000.00 ‐ 35,000
TOTAL SPECIAL EVENTS FUND REVENUES 49,500 45,231.86 4,268.14 ‐ 49,500
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
OTHER/UNALLOCATED 8,950 ‐ 8,950.00 8,950
PROFESSIONAL FEES 12,029 11,979 50.00 12,029
RENTAL EQUIP & VEHICLES 8,928 8,908 20.50 8,928
ADVERTISING 10,197 9,775 421.73 10,197
PRINTING 1,727 1,678 49.08 1,727
GENERAL SUPPLIES 6,495 5,851 643.56 6,495
FOOD/MEALS 1,174 173 1,000.81 1,174
TOTAL SPECIAL EVENTS FUND EXPENDITURES 49,500 38,364 11,136 ‐ 49,500
BUDGET AMENDMENT NOTES
Account Name
REVENUES ‐
Total ‐$
‐$
Amendment Reason
Bring Revenues in line with actuals
TOTAL SPECIAL EVENTS FUND BUDGET
AMENDMENTS
Fiscal Year 2011 Budget Amendment
15
CONFISCATED ASSETS FUND
This fund was created to account for the expenditures and revenues of seized drug funds.
CONFISCATED ASSETS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
CASH CONFISCATIONS/US MARSHALS ‐ 4,400.96 (4,400.96) 4,400 4,400
CASH CONFISCATIONS/HIDTA ‐ ‐ ‐ 22,936 22,936
INTEREST REVENUE ‐ 39.70 (39.70) 45 45
BUDGETED FUND BALANCE (REVENUE ACCT)2,800 ‐ 2,800.00 (2,800) ‐
BUDGETED FUND BALANCE (UNRESERVED FUND BALANCE)‐ ‐ ‐ (23,581) (23,581)
TOTAL CONFISCATED ASSETS FUND REVENUES 2,800 4,441 (1,641) 1,000 3,800
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
EDUCATION & TRAINING 2,800 500.00 2,300.00 2,800
GENERAL SUPPLIES ‐ 974.85 (974.85) 1,000 1,000
TOTAL CONFISCATED ASSETS FUND EXPENDITURES 2,800 1,475 1,325 1,000 3,800
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Cash Confiscations/US Marshals
4,400
2 Cash Confiscations/HIDTA
22,936
3. Interest Revenue
45
4. Budgeted Fund Balance
(2,800)
5. Budgeted Fund Balance
(23,581)
Total Revenues 1,000$
EXPENDITURES
1. General Supplies 1,000
Total Expenditures 1,000$
1,000$
Amendment Reason
To account for seizures received from US
Marshals Office
To purchase ammunition
TOTAL CONFISCATED ASSETS FUND BUDGET
AMENDMENTS
Interest earned YTD
Due to funds received from cash
confiscations, no fund balance is needed
To allocate the "offset" funds to the proper
fund balance account.
To account for claims on seizures made by
HIDTA
Fiscal Year 2011 Budget Amendment
16
OPERATING GRANT FUND
The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants
and that aren’t classified as “capital”. These funds are appropriated on an annual basis.
OPERATING GRANT FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
FED GOV GRANT/OP‐CATEGORICAL/DIRECT/SAFER 50,032 44,625.50 5,406.50 50,032
FED GOV GRANT/OP‐CATEGORICAL/INDIRECT/BYRNE‐JAG ‐ ‐ ‐ 25,000 25,000
ST GOV GRANT/OP‐CATEGORICAL/INDIRECT/GEMA ‐ ‐ ‐ 25,000 25,000
FROM GENERAL FUND 81,471 45,635.00 35,836.00 81,471
TOTAL OPERATING GRANT FUND REVENUES 131,503 90,260.50 41,242.50 50,000 181,503
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
General Administration
PROFESSIONAL FEES 3,350 ‐ 3,350.00 3,350
Total General Administration 3,350 ‐ 3,350.00 ‐ 3,350
Police
OTHER EQUIPMENT/AFIS ‐ ‐ ‐ 25,000 25,000
OTHER EQUIPMENT/RAPID ID ‐ ‐ ‐ 25,000 25,000
Total Police ‐ ‐ ‐ 50,000 50,000
Fire
SALARIES & WAGES/REGULAR EMPLOYEES 111,182 80,982.58 30,199.42 111,182
SALARIES AND WAGES / HOLIDAY PAY 6,885 3,687.39 3,197.61 6,885
EMPLOYEE BENEFITS / 401A (SS MATCH)4,170 3,215.35 954.65 4,170
EMPLOYEE BENEFITS / FICA MEDICARE 1,612 815.14 796.86 1,612
PENSION (GMEBS)4,304 2,569.54 1,734.46 4,304
Total Fire 128,153 91,270.00 36,883.00 ‐ 128,153
TOTAL OPERATING GRANT FUND EXPENDITURES 131,503 91,270 40,233 50,000 181,503
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Byrne‐JAG Grant 25,000
2. GEMA Grant 25,000
Total Revenues 50,000$
EXPENDITURES
1. Other Equipment/AFIS 25,000
2. Other Equipment/Rapid ID 25,000
Total Expenditures 50,000$
50,000$
To account for the expense of Byrne‐JAG
Grant
TOTAL OPERATING GRANT FUND BUDGET
AMENDMENTS
To account for the expense of GEMA Grant
Amendment Reason
Grant funds received for the purchase of
AFIS
Grant funds received for the purchase of
Rapid ID
Fiscal Year 2011 Budget Amendment
17
HOTEL/MOTEL TAX FUND
This fund is used to track the revenues and expenditures related to the hotel/motel excise tax. The City currently
collects a 3% excise tax and transfers the funds to the Special Events Fund and the General Fund to be used to
generate tourism for the area.
HOTEL/MOTEL TAX FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
HOTEL/MOTEL EXCISE TAX 35,000 36,295.07 (1,295.07) 12,000 47,000
TOTAL HOTEL/MOTEL TAX FUND REVENUES 35,000 36,295.07 (1,295.07) 12,000 47,000
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
OP TRF OUT/TO GENERAL FUND ‐ 1,295.07 (1,295.07) 12,000 12,000
OP TRF OUT/TO SPECIAL EVENTS FUND 35,000 35,000.00 ‐ 35,000
TOTAL HOTEL/MOTEL TAX FUND EXPENDITURES 35,000 36,295.07 (1,295.07) 12,000 47,000
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Hotel/Motel Excise Tax 12,000
Total Revenues 12,000$
EXPENDITURES
1. Operating Transfers Out to General Fund
12,000
Total Expenditures 12,000$
12,000$
Amendment Reason
To bring in line with actuals
To account for the transfer to the General
Fund. These funds will be used to offset the
costs of designing the website and sending
the eBlasts
TOTAL HOTEL/MOTEL TAX FUND BUDGET
AMENDMENTS
Fiscal Year 2011 Budget Amendment
18
CAPITAL PROJECTS FUND
The Capital Projects Fund is used to track revenues and expenditures associated with capital construction,
acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire
until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as
an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more,
or an improvement/addition to an existing capital asset.
Fiscal Year 2011 Budget Amendment
19
CAPITAL PROJECTS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
INFRASTRUCTURE MAINT FEES 65,000 47,978.14 17,021.86 65,000
SIDEWALK REPLACEMENT 70,558 9,750.00 60,808.00 (60,808) 9,750
SPECIAL ASSMT/CAP IMPR/CRABAPPLE PAVING FUND ‐ 6,300.00 (6,300.00) 6,300 6,300
OTHER / TREE RECOMPENSE 12,625 ‐ 12,625.00 (12,625) ‐
UTILITIES / LANDFILL USE FEES 155,000 57,083.04 97,916.96 155,000
OTHER CHARGES FOR SVC / HYA FEES 20,000 9,375.00 10,625.00 20,000
INTEREST REVENUE 2,000 ‐ 2,000.00 2,000
REALIZED GAIN OR LOSS 2,000 569.88 1,430.12 2,000
INSURANCE PROCEEDS/PUBLIC WORKS ‐ 21,530.00 (21,530.00) 21,530 21,530
OTHER MISC REVENUE/ATLANTA HIDTA STIPEND ‐ 1,500.00 (1,500.00) 3,000 3,000
FROM GENERAL FUND 3,598,573 ‐ 3,598,573.00 1,562,524 5,161,097
BUDGETED FUND BALANCE (REVENUE)5,713,178 ‐ 5,713,178.00 (5,713,178) ‐
BUDGETED FUND BALANCE (UNRESERVED FUND BALANCE)‐ ‐ ‐ 5,796,361 5,796,361
TOTAL CAPITAL PROJECTS FUND REVENUES 9,638,934 154,086.06 9,484,847.94 1,603,104 11,242,038
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
Governing Body
CONTRACTED/UASI 250,000 ‐ 250,000.00 250,000
LAND ACQUISITION ‐ 1,645,456.01 (1,645,456.01) 1,645,457 1,645,457
BUILDINGS/CITY HALL 175,000 ‐ 175,000.00 175,000
Total Governing Body 425,000 1,645,456.01 (1,220,456.01) 1,645,457 2,070,457
General Administration
VEHICLES / NEW VEHICLES 15,000 ‐ 15,000.00 15,000
Total General Administration 15,000 ‐ 15,000.00 ‐ 15,000
Finance
COMPUTER / SOFTWARE 44,475 13,278.54 31,196.46 44,475
Total Finance 44,475 13,278.54 31,196.46 ‐ 44,475
Information Technology
COMPUTER REFRESH 46,000 37,683.41 8,316.59 46,000
Total Information Technology 46,000 37,683.41 8,316.59 ‐ 46,000
Police
VEHICLES / NEW VEHICLES 77,760 70,074.62 7,685.38 77,760
VEHICLES / REPLACEMENT RESERVE 127,145 9,341.56 117,803.44 3,000 130,145
COMPUTER / SOFTWARE 7,708 5,057.16 2,650.84 7,708
Total Police 212,613 84,473.34 128,139.66 3,000 215,613
Fiscal Year 2011 Budget Amendment
20
CAPITAL PROJECTS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
Fire
BUILDING REPAIR & MAINT 19,007 ‐ 19,007.00 16,000 35,007
VEHICLE REPLACEMENT RESERVE 345,966 41,040.00 304,926.00 345,966
VEHICLES / FIRE APPARATUS 4,125 4,124.22 0.78 4,125
ADVANCED LIFE SUPPORT EQUIP 29,381 29,380.07 0.93 29,381
AED UNITS 16,317 ‐ 16,317.00 16,317
SCBA CASCADE TRAILER 48,892 ‐ 48,892.00 48,892
Total Fire 463,688 74,544.29 389,143.71 16,000 479,688
Public Works
CONSTRUCTION INSPECTORS 80,870 20,977.61 59,892.39 80,870
GRAVEL ROADS MAINTENANCE 263,244 32,937.74 230,306.26 263,244
STORMWATER MAINTENANCE 286,567 35,248.81 251,318.19 286,567
NPDES PERMIT COMPLIANCE 565,881 32,274.00 533,607.00 565,881
PAVEMENT MANAGEMENT 2,988,929 1,567,616.27 1,421,312.73 2,988,929
PAVEMENT MANAGEMENT/CRABAPPLE PAVING FUND ‐ ‐ ‐ 6,300 6,300
SITE IMPROVEMENTS/PW YARD RELOCATION 50,000 14,835.11 35,164.89 50,000
INFRASTRUCTURE / TRAFFIC CALMING 66,942 ‐ 66,942.00 66,942
BRIDGE REPAIRS LANDRUM RD 242,868 ‐ 242,868.00 242,868
INFRASTRUCTURE / RESTRIPING 81,099 1,675.00 79,424.00 81,099 /,,,,
INFRASTRUCTURE / EDGE OF PAVEMENT 50,000 ‐ 50,000.00 50,000
INFRASTRUCTURE / BRIDGE REPLACEMENT 731,937 91,928.29 640,008.71 731,937
INFRASTRUCTURE / SIDEWALKS 10,000 ‐ 10,000.00 9,750 19,750
BETHANY@COGBURN RD INTERSECTION IMPROVMTS 575,000 16,727.78 558,272.22 21,530 596,530
HOPEWELL/FRANCIS/COGBURN INTERSECTION 112,103 47,919.94 64,183.06 112,103
VEHICLES / NEW VEHICLES 30,678 ‐ 30,678.00 30,678
Total Public Works 6,136,118 1,862,140.55 4,273,977.45 37,580 6,173,698
Parks & Recreation
PROF FEEES/PARKS & REC 15 YEAR COMP PLAN 25,000 ‐ 25,000.00 25,000
PROF FEES/SIGN PROGRAM 15,000 ‐ 15,000.00 15,000
PROF FEES/B'HAM PARK MASTER PLAN 25,000 ‐ 25,000.00 25,000
FACILITY R&M/BETHWELL HOUSE RENOVATIONS 147,731 147,730.75 0.25 147,731
RENTAL LAND & BUILDINGS/FCBOE LEASE 100,000 ‐ 100,000.00 100,000
SITES / PARK LAND ACQUISTION 399,383 50,434.95 348,948.05 399,383
SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 150,000 ‐ 150,000.00 150,000
TRAILS/TRAIL PLAN IMPLEMENTATION 905,000 ‐ 905,000.00 905,000
TRAILS/TRAIL PLAN UPDATE 15,000 ‐ 15,000.00 15,000
INFRASTRUCTURE / BELL PARK 75,684 35,455.96 40,228.04 75,684
Total Parks & Recreation 1,857,798 233,621.66 1,624,176.34 ‐ 1,857,798
Fiscal Year 2011 Budget Amendment
21
CAPITAL PROJECTS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
Community Development
PROF FEES/HWY 9 MASTER PLAN 80,000 ‐ 80,000.00 80,000
PROF FEES/TDR FEASIBILITY STUDY 75,000 ‐ 75,000.00 75,000
PROF FEES/CRABAPPLE MASTER PLAN 30,253 30,252.50 0.50 30,253
COMPREHENSIVE PLAN 19,747 ‐ 19,747.00 19,747
ARNOLD MILL MASTER PLAN 120,000 ‐ 120,000.00 120,000
SITE IMPROVEMENT/TREE RECOMPENSE 12,625 619.66 12,005.34 12,625
COMPUTER / SOFTWARE 1,684 ‐ 1,684.00 1,684
Total Community Development 339,309 30,872.16 308,436.84 ‐ 339,309
Other Financing Uses
CONTINGENCY 98,933 ‐ 98,933.00 (98,933) ‐
Total Other Financing Uses 98,933 ‐ 98,933.00 (98,933) ‐
TOTAL CAPITAL PROJECTS FUND EXPENDITURES 9,638,934 3,982,069.96 5,656,864.04 1,603,104 11,242,038
BUDGET AMENDMENT NOTES
Account Name
REVENUES
Amendment Reason
1. Sidewalk Replacement Fund
(60,808)
2. Crabapple Paving Fund
6,300
3. Tree Recompense Fund
(12,625)
4. Insurance Proceeds
21,530
5. Atlanta HIDTA Stipend 3,000
Decrease this line to move the budget into the
"Budgeted Fund Balance" line to account for
revenues received in prior years. Leaving it in
this line indicates that we anticipate to receive
these revenues this year.
This is a new line item that accounts for fees
assessed on builders in Crabapple Station that
will go toward paving the streets in the
subdivision
Decrease this line to move the budget into the
"Budgeted Fund Balance" line to account for
revenues received in prior years. Leaving it in
this line indicates that we anticipate to receive
these revenues this year.
To account for Drug Task Force Agent's vehicle
stipend received from Atlanta HIDTA
Increased to account for funds received from
insurance company for damage done to the
signal at Bethwell and Cogburn intersection.
Fiscal Year 2011 Budget Amendment
22
CAPITAL PROJECTS FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
6. Operating Transfer In from General Fund 1,562,524
7. Budgeted Fund Balance (Revenue)
(5,713,178)
8. Budgeted Fund Balance (Unreserved Fund Balance)
5,796,361
Total Revenues 1,603,104$
EXPENDITURES
1. Land Acquisition 1,645,457
2. Police Vehicles/Replacement Reserve
3,000
3. Building Repair & Maint
16,000
4. Crabapple Paving Fund
6,300
Transfer from General Fund to cover costs of
station repair and maintenance currently
underway
Increased to account for the purchase of land
Increase to fund the land acquisitions
Transfer to the Budgeted Fund Balance
(Unreserved Fund Balance) account
To account for Budgeted Fund Balance
properly. This includes the budget from
Budgeted Fund Balance (Revenue), Sidewalk
Replacement Fund, and Tree Recompense
Fund.
Increase to account for Drug Task Force Agent's
vehicle stipend received from Atlanta HIDTA
This is a new line item that accounts for fees
assessed on builders in Crabapple Station that
will go toward paving the streets in the
subdivision
h ff f h d f5. Infrastructure/Sidewalks 9,750
6. Bethany @ Cogburn Rd Intersection Improvements
21,530
7. Contingency (98,933)
Total Expenditures 1,603,104$
1,603,104$
Increased due to damage done to signal. Offset
by funds received from insurance company.
TOTAL CAPITAL PROJECTS FUND BUDGET
AMENDMENTS
The offset for this increase is accounted for in
the Sidewalk Replacement Fund Revenue.
Decreased to partially cover the cost of land
acquisition
Fiscal Year 2011 Budget Amendment
23
CAPITAL GRANT FUND
The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance
major capital projects.
CAPITAL GRANT FUND
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
REVENUES
FED GOV GRANT/CAPITAL DIRECT/ASST TO FIREFIGHTER ‐ 23,004.00 (23,004.00) 23,004 23,004
FED GOV GRANT/CAPITAL/IND/TRANSPORTATION MSTR PLN 2,256 ‐ 2,256.00 2,256
STATE GOV GRANT/OP‐CAT/GDOT HPP FUNDS 3,365,794 236,853.07 3,128,940.93 3,365,794
LCI FUNDS 100,000 ‐ 100,000.00 100,000
GA URBAN FORESTRY GRANT 20,000 ‐ 20,000.00 20,000
MARTA GRANT 613,000 100,000.00 513,000.00 613,000
FROM GENERAL FUND 238,240 ‐ 238,240.00 238,240
BUDGETED FUND BALANCE (REVENUE)284,318 ‐ 284,318.00 (2,384,318) (2,100,000)
BUDGETED FUND BALANCE (UNRESERVED FUND BALANCE)‐ ‐ ‐ 2,361,314 2,361,314
TOTAL CAPITAL GRANT FUND REVENUES 4,623,608 359,857 4,263,751 ‐ 4,623,608
Account Description
Current
Total Budget
Fiscal
Activity
Budget
Remaining
Requested
Amendments
Final Amended
Budget
EXPENDITURES
Public Works
INFRASTRUCTURE / BHAM @ PROVIDENCE 2,149,180 133,896.42 2,015,283.58 2,149,180
INFRASTRUCTURE/ARNOLDMILL@NEW PROVIDENCE 1,561,428 117,656.50 1,443,771.50 1,561,428
INFRASTRUCTURE/MAYFIELD@MID BROADWELL 150,000 95,132.05 54,867.95 150,000
INFRASTRUCTURE/MARTA 613,000 303,448.43 309,551.57 613,000
Total Public Works 4,473,608 650,133.40 3,823,474.60 ‐ 4,473,608
Community Development
PROFESSIONAL FEES/LIVEABLE CENTERS INITIATIVE 120,000 ‐ 120,000.00 120,000
PROFESSIONAL FEES/GA URBAN FORESTRY GRANT 30,000 ‐ 30,000.00 30,000
Total Community Development 150,000 ‐ 150,000.00 ‐ 150,000
TOTAL CAPITAL GRANT FUND EXPENDITURES 4,623,608 650,133.40 3,973,474.60 ‐ 4,623,608
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Assistance to Firefighters Grant 23,004
2. Budgeted Fund Balance (Revenue)(2,384,318)
3. Budgeted Fund Balance (Unreserved Fund Balance)2,361,314
Total Revenues ‐$
‐$
Amendment Reason
To account for grant monies received for
the exhaust system that was purchased in
TOTAL CAPITAL GRANT FUND BUDGET
AMENDMENTS
To account for budgeted fund balance
properly
Transfer the budget to the Budgeted Fund
Balance (Unreserved Fund Balance) account
Fiscal Year 2011 Budget Amendment
24
Page 1 of 2
STATE OF GEORGIA
FULTON COUNTY ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2011 BUDGET FOR
EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE
AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING
THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING
EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING
EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a
council meeting on September 19, 2011 at 6:00 p.m. as follows:
WHEREAS, the City Manager of the City of Milton has presented
amendments to the fiscal year 2011 Budget to the City Council on each of the
various funds of the City; and
WHEREAS, each of these budget amendments results in a balanced
budget, so that anticipated revenues equal proposed expenditures for each fund;
and
WHEREAS, the amended fiscal year 2011 budget provides a financial
plan for the government, establishing appropriations for each operating
department in order to extend services;
NOW, THEREFORE BE IT ORDAINED that this budget amendment,
“Exhibit A” attached hereto and by this reference made a part hereof this
ordinance shall be the City of Milton’s amended fiscal year 2011 budget; and
BE IT FURTHER ORDAINED that this budget be and is hereby approved
and the several items of revenues shown in the budget for each fund in the
amounts anticipated are adopted and that the several amounts shown in the
budget for each fund as proposed expenditures are hereby appropriated to the
departments named in each fund; and,
BE IT FURTHER ORDAINED that the expenditures shall not exceed the
appropriations authorized by this budget or amendments thereto provided; that
expenditures for the fiscal year shall not exceed actual funding available.
Page 2 of 2
ADOPTED AND APPROVED this 19th day of September, 2011.
CITY OF MILTON, GEORGIA
By: ________________________
Mayor Joe Lockwood
_________________________ ________________________
Councilmember Karen Thurman Councilmember Burt Hewitt
_________________________ ________________________
Councilmember Julie Zahner-Bailey Councilmember Joe Longoria
_________________________ ________________________
Councilmember Bill Lusk Councilmember Alan Tart
Attest:
_______________________________
Sudie AM Gordon
(SEAL)
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004rkway Suite 107G Milton, GA 30004
August 31, 2011 August 31, 2011
To the Honorable Mayor, City Council and the Citizens of Milton:
To the Honorable Mayor, City Council and the Citizens of Milton:
We respectfully submit for your consideration the City of Milton’s proposed balanced budget for fiscal year
2012 (FY 2012). An objective of the City’s budget is to provide a management tool by which our local
government can unite its budgeting efforts to provide quality services while operating within available
resources. This process results in an updating of the City’s on-going financial plan and provides a vehicle
by which management decisions can be made as a result of the formulation and analysis of the
respective data.
We respectfully submit for your consideration the City of Milton’s proposed balanced budget for fiscal year
2012 (FY 2012). An objective of the City’s budget is to provide a management tool by which our local
government can unite its budgeting efforts to provide quality services while operating within available
resources. This process results in an updating of the City’s on-going financial plan and provides a vehicle
by which management decisions can be made as a result of the formulation and analysis of the
respective data.
BUDGET PROCESS AND OVERVIEW
BUDGET PROCESS AND OVERVIEW
The fiscal year 2012 budget process began in July with distribution of historical data and forms to all the
department directors. Each department formulated budgets in three major areas; maintenance &
operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting,
finance staff completed the first draft of a salary/benefits budget as well as formulated initial revenue
estimates.
The fiscal year 2012 budget process began in July with distribution of historical data and forms to all the
department directors. Each department formulated budgets in three major areas; maintenance &
operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting,
finance staff completed the first draft of a salary/benefits budget as well as formulated initial revenue
estimates.
In early August, each department director met with the City Manager to review their budget requests.
Each request was evaluated by the City Manager and the Finance Director according to the priority
specified by the department director and available funding. Consideration was also given to the strategies
identified in the 2012-2015 Strategic Plan.
In early August, each department director met with the City Manager to review their budget requests.
Each request was evaluated by the City Manager and the Finance Director according to the priority
specified by the department director and available funding. Consideration was also given to the strategies
identified in the 2012-2015 Strategic Plan.
The budget was discussed in detail during a special-called work session held on August 22, 2011. A
public hearing will be held during the September 7, 2011 council meeting where citizen input is
encouraged. A second work session is scheduled for September 12, 2011 to discuss further changes and
to fine-tune the final draft. The budget is slated for adoption on September 19, 2011.
The budget was discussed in detail during a special-called work session held on August 22, 2011. A
public hearing will be held during the September 7, 2011 council meeting where citizen input is
encouraged. A second work session is scheduled for September 12, 2011 to discuss further changes and
to fine-tune the final draft. The budget is slated for adoption on September 19, 2011.
KEY BUDGET FACTORS, ISSUES, AND PRIORITIES
KEY BUDGET FACTORS, ISSUES, AND PRIORITIES
The foundation for the fiscal year 2012 budget is based on three key financial factors: The foundation for the fiscal year 2012 budget is based on three key financial factors:
• Sustainability of existing services • Sustainability of existing services
• Enhancement to services through operating initiatives • Enhancement to services through operating initiatives
• Maintaining the quality of life for constituents, citizens, and businesses through capital
programming
• Maintaining the quality of life for constituents, citizens, and businesses through capital
programming
Sustainability of Existing Services and Enhancements through Operating InitiativesSustainability of Existing Services and Enhancements through Operating Initiatives
The fiscal year 2012 General Fund balanced budget of $17,390,380 is based on a millage rate of 4.731
mills, which is the same millage rate applied in previous fiscal years. This budget provides financial
resources for the City of Milton to sustain the current levels of service and includes areas of improved
service via operating initiatives.
In appropriating the resources to sustain existing services, the following are the proposed projected
revenue sources for the General Fund:
Revenue Source Amount Percent
Property Taxes 8,422,900 48.43%
Other Taxes 7,722,200 44.41%
Licenses & Permits 346,700 1.99%
Charges for Services 343,640 1.98%
Fines & Forfeitures 451,000 2.59%
Investment Income 15,000 0.09%
Miscellaneous Revenue 54,940 0.32%
Other Financing Sources 34,000 0.20%
17,390,380 100.00%
Property Taxes,
8,422,900 , 49%
Other Taxes,
7,722,200 , 44%
Licenses & Permits,
346,700 , 2%
Charges for Services,
343,640 , 2%
Fines & Forfeitures,
451,000 , 3%
Investment Income,
15,000 , 0%
Miscellaneous
Revenue, 54,940 , 0%Other Financing
Sources, 34,000 , 0%
Revenue Sources
Salary and Benefits Detail
The salary and benefit budget is based upon approved positions and the associated benefit program
costs. For FY 2012, direct City costs for salaries/benefits is $8,703,361, with $6,536,794 appropriated for
salaries and $2,166,567 for benefits, making benefit costs 25% of the total salaries/benefit budget. As
the City recognizes the cost of employee retention is less than employee turnover and recruitment, this
budget includes a cost of living adjustment of 2.5% at mid-year provided that the revenues are trending
as anticipated. This adjustment is prorated by the number of months each employee worked for City
during FY 2011. The total City salary/benefits budget is approximately 47% of the total operating
expenditures.
2
Budget Summary by Department – General Fund
Mayor and City Council
The FY 2012 budget appropriation for the Mayor and Council is $169,170. This department is
comprised of a Mayor and six Council Members. Salaries of the Mayor and Council are set by the
City Charter. Each elected official receives an annual stipend for expenditure reimbursement.
There was an overall 1.4% increase from the FY 11 budget due to the annual fees for the City’s
membership with the Georgia Municipal Association increasing based on the new census figures.
City Manager
The fiscal year 2012 budget appropriation for the City Manager’s Department is $272,286. The
City Manager is responsible for the overall management of all city functions and operations. The
City Manager’s Department is comprised of the following employees:
• City Manager
• Executive Aide
The FY 12 budget shows an 8.4% decrease in comparison to the prior year. This is largely due to
moving the Sustainability Coordinator position out of the City Manager’s budget to the Community
Development’s budget.
There was one initiative request for the City Manager’s department: a stakeholder survey
($25,000). This is derived directly from the 2012-2015 Strategic Plan.
City Clerk
The fiscal year 2012 budget appropriation for the City Clerk’s Department is $302,491. The Clerk
is responsible for the compilation and publication of all council agendas. The City Clerk is holder
of all City records, therefore is responsible for the records management program. The City
Clerk’s Department is comprised of the following employees:
• City Clerk
• Records Clerk
• Receptionist
The budget for this department increased by 34.6% due to costs associated with the upcoming
election.
Finance
The total appropriation for the Finance Department for FY 2012 is $499,756. This department is
responsible for managing the City’s financial assets and is comprised of the following employees:
• Finance Director
• Budget/Procurement Coordinator
• Accountant
• Disbursements Specialist
• Revenue Coordinator
The budget for this department decreased by 3.3% in comparison to the FY 11 budget. In FY 11,
the cost of billing property taxes for both 2009 and 2010 were included since the 2009 tax bills
were sent late.
3
Legal
Legal services are provided to the City through a contractual relationship with Jarrard and Davis,
LLP. The budget for legal services and consultation is $220,000. This is 8.3% lower than last
year.
Information Technology
The fiscal year 2011 budget appropriation for the Information Technology Department is
$529,152. IT is responsible for all technology and geographical information services. These
services are provided through an intergovernmental agreement with Johns Creek. There is one
initiative proposed in the budget: a Firehouse Preplan Drawing Module for $2,105.
There is a .7% increase in the IT budget over the FY 11 budget.
Human Resources
The Human Resources Department budget appropriation is $248,976. This department is in
charge of recruitment, training and development, record keeping of all personnel data, and
benefits. It currently consists of two employees:
• Human Resources Director
• Human Resources Manager
The budget for FY 12 is 4.3% higher than FY 11. This is due primarily to the cost of the new
human resources information system that was implemented at the end of FY 11.
Public Information and Marketing
The FY 12 budget appropriation for the Public Information and Marketing department is $87,044.
This department is responsible for informing the public through various media outlets of the news
and events concerning the City and its citizens and ensuring the City’s image is protected. The
Communications Manager performs these functions.
The FY 12 appropriations are 2% higher than FY 11. The increase is directly related to salary and
benefits costs increasing.
Municipal Court
The fiscal year 2012 budget appropriation for Municipal Court is $233,694. The court staff is
responsible for the operation of the City’s municipal court system, scheduling, processing, and
tracking all violations issued by public safety and code enforcement personnel. The Court
Department is comprised of the following employees:
• Court Clerk
• Municipal Judge and Substitute Judge
• City Solicitor
• Administrative Assistant
• Three Bailiffs
Expenses for this department have increased by 3.1% over the FY 11 budget due to the addition
of one bailiff. Previously, the Police Department provided court security for the cost of paying an
officer overtime pay. It has been determined that adding a new bailiff is more beneficial to the
Police Department by allowing the officer to be on the street.
Police Department
The fiscal year 2012 budget appropriation for the Police Department is $2,683,058. It is
comprised of the following employees:
4
• Police Chief
• Two Captains
• Three Lieutenants
• Four Sergeants
• One Detective
• One Investigator
• One K-9 Officer
• One Community Outreach Officer
• Seventeen Police Officers
• One Part-Time School Crossing Guard
• Administrative Assistant
• Records Clerk
Operating initiatives included in the Police Department budget include:
• Two Lieutenants ($32,631)
• Four additional patrol officers ($300,551)
Fire Department
The Fire Department’s budget appropriation for FY 12 is $4,367,220. It is comprised of the
following employees:
• Fire Chief
• Four Battalion Chiefs
• Fire Marshal
• Twelve Lieutenants
• Twelve Fire Apparatus Operators
• Twenty-four Firefighters (3 partially funded by S.A.F.E.R. grant)
Operating initiatives included in the Fire Department budget are:
• Deputy Fire Chief ($82,659)
• Engine 43 ALS/LifePak 15 ($36,716)
• Fire accreditation ($3.025)
EMS Operations
EMS services are provided through a contractual agreement with Rural Metro. The annual
contract costs are $140,988 for FY 12.
Public Works
The fiscal year 2012 budget appropriation for public works is $1,448,122. Public Works is
responsible for transportation and road repair and maintenance activities. It is comprised of the
following employees (not including subcontracted personnel):
• Director of Public Works
• Public Works Citizen Responder
• Transportation Engineer
• Field Services Manager
• Field Services Technician
The operating initiatives in the Public Works department include:
• Additional right-of-way mowing and lawn services at new facilities ($34,550)
5
• Hopewell house renovations ($15,000)
• Additional part-time Equipment Operator ($12,800)
• Stormwater Engineer ($85,800)
Expenses for this department are 4.3% lower than the previous fiscal year. The primary reason
for the decrease is the stormwater engineering services previously provided by a third-party
company are now included as an initiative with the request of hiring an in-house Stormwater
Engineer. Please note that the operating initiatives have not been included in the overall
departmental appropriations yet.
Parks & Recreation
The Parks and Recreation Department appropriations for FY 12 are $359,593. It is comprised of
the following employees:
• Parks and Recreation Director
• Recreation Program Director
• Two Part-Time Camp Directors
• Three Part-Time Lead Camp Counselors
• Four Part-Time Camp Counselors
The budget for this department increased by .6% over the previous year.
Community Development
The fiscal year 2012 budget appropriation for the Community Development Department is
$785,826. Community Development is responsible for all planning and zoning activities, as well
as inspections and code enforcement. The Community Development Department is comprised of
the following employees:
• Director of Community Development
• Three Planners
• Environment Engineer/Arborist
• Two Construction/Plans Review Inspectors
• Code Enforcement Officer
• Permit Technician
• Building Official (contractual)
• Building Inspectors (contractual)
The budget for this department increased by 20.4% from FY 11 due to the City bringing the
Permit Technician in-house. This position was previously a contract employee, but the contract
was renegotiated and the cost for bringing her on board was offset with an increase in the
revenue sharing of building permit fees.
Other Budgeted Expenditures – Non-departmental
Included in the expenditure appropriations are the following:
• General supplies, pool vehicle gas and maintenance, and postage for City Hall totaling
$31,650.
• Property and liability insurance in the amount of $191,500.
• City Hall lease, common area maintenance, and governmental facility maintenance in the
amount of $515,439.
• The last debt service payment associated with the initial purchase of police and fire
equipment and vehicles in the amount of $709,395.
6
• The final annual lease payment associated with the purchase of a police vehicle for
$7,148.
• The first of five annual lease payments for a fire apparatus in the amount of $90,769.
• As required in the adopted Budgetary Policies of the City, a 1% contingency has been
appropriated. This totals $144,623 for FY 12.
• An interfund transfer of $3,314,625 out of the General Fund and into the Capital Projects
Fund in order to pay for the recommended capital projects for FY 12.
• An interfund transfer of $570,696 out of the General Fund and into the Capital Grant
Fund in order to fund the City match to the grants for the recommended capital grant fund
projects.
• An interfund transfer of $102,513 out of the General Fund and into the Operating Grant
Fund in order to fund the City match for the S.A.F.E.R. grant personnel.
Maintaining the Quality of Life for Constituents, Businesses, and Citizens through Capital
Programming
The City’s capital improvement program has the most visible and long-term effect on the quality of life for
residential and commercial citizens and Milton’s visitors. As part of the capital planning process for fiscal
year 2012, first priority was given to projects that would 1) maintain or repair the City’s current assets, 2)
alleviate or mitigate a health/safety hazard, and 3) provide external funding toward a capital project.
Secondary priority for funding considerations were projects that included long-term visioning and planning
for the City of Milton.
The appropriation for the fiscal year 2012 capital improvement program (CIP) is $3,500,125 and is
detailed in the Capital Project Fund spreadsheets following this transmittal letter. As required by the
adopted Budgetary Policies of the City, a 3% contingency has also been included totaling $101,945.
FUND BALANCE
An adequate level of fund balance (i.e., the difference between the City’s assets and liabilities) is
essential to mitigate current and future risks and to ensure stable service levels. It also is a crucial
consideration in long-term financial planning for capital projects. At the end of FY 10, the City’s General
Fund fund balance totaled approximately $7.8 million. It is anticipated that the fund balance at the end of
FY 11 will be roughly the same. While preparing the CIP, it became apparent that the capital
improvement needs of the City exceed available funding in FY 12. Since the City has built such a healthy
fund balance to be utilized for capital expenditures, we are proposing for the first time that we should use
these reserves to fund a few of the capital projects this year. The recommended appropriation of the fund
balance is $1,298,871. The remaining fund balance is projected to be around $6.5 million.
BUDGET POLICY
Annual budgets are adopted on a basis consistent with accounting practices as defined by generally
accepted accounting principles for all funds. All annual appropriations lapse at year end except capital
project and grant funds, which adopt project-length budgets.
7
CLOSING
It is our privilege to submit the FY 2012 Proposed Budget to Milton’s Mayor, City Council and Citizens.
This budget illustrates the City’s dedication to providing the highest level of services while maintaining
sound fiscal policies. We look forward to the discussing this document as well as the level of services
outlined in this proposed budget.
8
Respectfully Submitted,
Christopher J. Lagerbloom Stacey R. Inglis
City Manager City Treasurer/Finance Director
STATE OF GEORGIA ORDINANCE NUMBER ____________
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 11, BUSINESS OCCUPATION TAX, LICENSES,
AND REGULATION, OF THE CITY OF MILTON CODE OF ORDINANCES TO MODIFY
ANNUAL LICENSE FEES LEVIED ON INSURERS; TO PROVIDE FOR THE REPEAL OF
CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER
LAWFUL PURPOSES
WHEREAS, Chapter 11 of the City of Milton Code of Ordinances regulates businesses, and taxation of
businesses, within the City of Milton; and
WHEREAS, Chapter 11, Article 2, Sections 3 and 4 of the City of Milton Code of Ordinances levy
population-based license fees (the “Fees”) on insurers doing business in the City of Milton; and
WHEREAS, the results of the 2010 United States Census demonstrate that the City’s population has
increased sufficiently to warrant increases in the Fee amounts pursuant to O.C.G.A. § 33-8-8(b)(1) and
(2); and
WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s
residents to amend Sections 3 and 4 to increase the Fees as authorized by O.C.G.A. § 33-8-8(b)(1) and
(2).
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called
Council meeting on the ___ day of ________, 2011 at 6 p.m. as follows:
SECTION 1. That this Ordinance relating to amending Chapter 11 Business Occupation Tax,
Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as
follows:
Chapter 11, Article 2, Section 3 (codified as Section 12-56) shall be stricken and replaced with
the following new Section 3:
Pursuant to O.C.G.A. 33-8-8(b)(1), there is hereby levied for the calendar year 2012 and for each calendar
year thereafter, until otherwise modified by the Council, an annual license fee based upon a City of
Milton population of 32,661, of one hundred dollars ($100.00) upon each insurer doing business within
the City of Milton. For each separate business location in excess of one not covered by Section 4 of this
Article, which is operating on behalf of such insurers within the City of Milton, there is hereby levied an
additional one hundred dollars ($100.00) license fee per location.
SECTION 2. That this Ordinance relating to amending Chapter 11 Business Occupation Tax,
Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as
follows:
Chapter 11, Article 2, Section 4 (codified as Section 12-57) shall be stricken and replaced with
the following new Section 3:
Pursuant to O.C.G.A. 33-8-8(b)(2), for each separate business location, not otherwise subject to a license
fee hereunder, operated and maintained by a business organization which is engaged in the business of
lending money or transacting sales involving term financing and in c onnection with such loans or sales
offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance, said
insurer shall pay an additional annual license fee, for the calendar year 2012 and for each calendar year
thereafter, of the greater of $10.00 or 35 percent of the license fee set forth in Section 3 above.
All other portions of Chapter 11 Business Occupation Tax, Licenses, and Regulation shall remain
undisturbed and are hereby reaffirmed.
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 4. This Ordinance shall become effective January 1, 2012.
ORDAINED this the _____ day of __________, 2011.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
__________________________
City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 30, 2011 for the September 7, 2011 Council meeting
Agenda Item: Approval of a Revision to Chapter 48 – Streets, Sidewalks and Other Public
Places, Article III, Division 2 of the City of Milton Code of Ordinances for the
for the Abandonment or Acceptance of Public Right-of-Way
Background:
In response to a revision to the state law regarding the abandonment of public right-of-way staff
was asked to review the current city code to determine if any changes would be warranted.
Following that review staff is recommending the attached revisions to the ordinance.
Discussion:
In 2010 the state law regarding the abandonment of public right-of-way was amended such that
a municipality could abandon a public right-of-way when it was determined to be in the best
public interest. Prior to 2010 the public right-of-way could only be abandoned when it was
determined that the right-of-way no longer served a substantial public purpose. Staff was asked
to review the current city code to determine what, if any, changes should be made to the
account for the revision to the state law.
Staff has reviewed the existing ordinance and presented potential changes to that ordinance at
the May 9, 2011 and June 13, 2011 Work Sessions. At these work sessions the Mayor and City
Council asked staff to review a number of comments related to the ordinance for possible
inclusion. The attached ordinance represents the final staff recommendations based on those
comments and staff and legal review.
Legal Review:
Ken Jarrard, Jarrard & Davis on 8/26/2011
Attachments:
1. Revision to Chapter 48 – Streets, Sidewalks and Other Public Places, Article III, Division
2 of the City of Milton Code of Ordinances for the for the Abandonment or Acceptance
of Public Right-of-Way
Chapter 48 Streets, Sidewalks and Other Public Places
City of Milton Code of Ordinances Page 1
CHAPTER 48 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE III. RIGHT-OF-WAY MANAGEMENT
DIVISION 2. ACCEPTANCE AND ABANDONMENT POLICY
Sec. 48-168. Methods.
(a) Roadway Abandonment
(1) Legal Compliance
a. Municipal streets belong to the general public. Since the control and general supervision
of municipal streets is conferred upon the City, the City holds those streets in trust for the
convenience and use of the public at large. It correspondingly becomes the City’s duty to
keep them in a safe and suitable condition for the passage of persons and transportation
of commodities. The basic principles of law regarding streets are pronounced in at least
two cases, Jones, et al. v. City of Moultrie, et al., 196 Ga. 526 (1943); Accord: Soles v.
City of Vidalia, 92 Ga. App. 839 (1955):
A highway is a public way open and free to anyone who has occasion to pass along it
on foot or with any kind of vehicle. The streets of a city belong to the public, and are
primarily for the use of the public in the ordinary way. The primary object of streets is
for public passage. They should be kept open and unobstructed for that purpose. The
streets of the city are peculiarly within the police control for the purpose of preserving
and protecting their use by the public as thoroughfares.
b. Roadway abandonment is governed by the Official Code of Georgia Annotated, Title 32 -
7-2(c):
When it is determined that a section of the municipal street system has for any reason
ceased to be used by the public to the extent that no substantial public purpose is
served by it or that its removal from the municipal street system is otherwise in the
best public interest, the municipality, by certification recorded in its minutes,
accompanied by a plat or sketch, and after notice to property owners located thereon,
may declare that section of street shall no longer be a part of the municipal street
system and the rights of the public in and to that section of street as a public street
shall cease. The property may be disposed of by the municipality as provided in Code
Section 32-7-4.
(2) Procedure
a. Abandonment is defined as the intentional and permanent relinquishment of claim and
title to real property that forms a segment of the City of Milton’s roadway network or was
acquired or held for future use as a portion of the roadway network.
b. Abandonment of a road or right of way requires that the City Council make a finding of
one of the following with respect to the roadway in question:
1. That no substantial public purpose is served by it; or,
2. That its removal from the municipal street system is in the best public interest.
Chapter 48 Streets, Sidewalks and Other Public Places
City of Milton Code of Ordinances Page 2
c. Requests for abandonment of roads within the City of Milton roadway network shall be
made to the Department of Public Works by a homeowner association (HOA) or, if no
HOA exists, an individual or group of individuals whose property adjoins or is accessed
by the public right of way being considered for abandonment (referred to herein as
“Applicant”). The Department of Public Works or the City Council may initiate
abandonment requests. In the event the Department of Public Works or the City Council
initiate an abandonment request, only those procedural requirements set forth in pertinent
State law shall be observed.
d. The Applicant shall be required to submit documentation establishing the factual basis
upon which the request for abandonment is made. The Applicant shall be required to
provide all necessary information demonstrating compliance with the requirements of this
section and all applicable State laws prior to the initial public hearing.
e. The Department of Public Works will not support the abandonment of any road that
connects two or more collector roads without sufficient supporting documentation to
demonstrate that the abandonment will not negatively affect surrounding roadways. For
the purposes of this policy, a collector road is defined as any road that the Department of
Public Works has given a functional classification of collector or higher.
f. The abandonment of any street within the City of Milton roadway network should not be
inconsistent with any programmed capital projects and should otherwise conform to any
approved local, regional or state transportation plans and the City of Milton
Comprehensive Plan. Approval by the Director of Public Works and the Director of
Community Development is required to indicate conformity.
g. Prior to the initial public hearing on abandonment, the Applicant must provide
documentation demonstrating contact and coordination with pertinent emergency service
providers, utility providers, Fulton County Schools, and the Postmaster to ensure that said
services can be accommodated and that such vital public services will not be significantly
impaired.
h. For Applicant initiated abandonments, the City of Milton will accept input from the
community related to their support or opposition to abandonment. For the purposes of
this section, the “community” shall be defined as all of those owners whose property
adjoins or whose property is accessed by the right of way to be abandoned. Prior to the
final public hearing before the Mayor and City Council to consider an application for
abandonment a completed formal petition and all supporting forms and documentation
shall be submitted to the Department of Public Works. The formal petition submitted on
behalf of the community shall comply with the minimum numerical standards set forth
Table 1.
Chapter 48 Streets, Sidewalks and Other Public Places
City of Milton Code of Ordinances Page 3
Table 1. – Required Percent Approval to Process Abandonment Petition
Number of Lots Required %
Approval **
20 or less 100%
21-90 75%
91 or more 67%
**Note: Compliance with the required approval percentage rates
is in no way determinative of the city’s intent to abandon any
right of way. The required approval percentage is merely one
component of the process to be scheduled for a public hearing.
State law considerations shall prevail.
i. All property owners in the community shall be contacted by the Applicant via certified
mail prior to the initial public hearing. Notice must be mailed by the Applicant to the
community members no less than thirty days prior to the initial public hearing date. In the
case where a community association has initiated the petition process no notification will
be required for any person who has previously signed the petition in favor of
abandonment.
j. Each member of the community shall be given an opportunity to sign a petition,
expressing their opinion in favor of or in opposition to the abandonment. Any abstention,
non response or indication other than a “yes” by community members will be considered
a “no.” On any lot with multiple owners wherein any of the joint owners abstain, are non
responsive, vote “no” or provide a response other than “yes,” such response will be
considered a “no.” Signatures on the petition shall not be considered valid after a period
of one year from the date of signing.
k. Percentages will be calculated based on the number of lots expressing an affirmative or
“yes” vote in favor of the abandonment, divided by the total number of lots in the
community. Each lot counts as a single unit regardless of the number of owners signing.
Where a community has a homeowner association or other legal entity that is authorized
to act on behalf of its members and that may utilize percentages different than those in
Table 1, such a mechanism shall not replace the petition process.
l. Compliance with the application procedures is in no way determinative with respect to
the city’s authority or decision to abandon a roadway. The City Council shall retain full
legislative discretion to authorize or deny abandonment based upon controlling legal
standards and State law.
m. After the final public hearing and an affirmative action by the Mayor and City Council to
abandon any right of way, the right of way shall be disposed of in accordance with
O.C.G.A. 32-7-3, 32-7-4, and 36-37-6. The Applicant will file a revised plat, legal
description(s) indicating the new dispensation of the property or any other required
documentation. Any expenses or fees incurred in the filing will be the sole responsibility
of the Applicant.
Chapter 48 Streets, Sidewalks and Other Public Places
City of Milton Code of Ordinances Page 4
n. The Applicant will grant the city, county or other utility permanent easements as may be
required for the entirety of the existing right of way, or as may be needed, at no cost as a
condition of abandonment prior to final dispensation of the property.
o. Any abandonment request that is denied by the Mayor and City Council may not be
resubmitted for a period of one year following the date of denial.
p. After abandonment, the right of way shall become privately owned and the city shall no
longer maintain the roadway or accept any liability for the roadway or any area within the
private right of way. Any maintenance, such as, but not limited to, resurfacing,
stormwater management, sinkhole repair, shall be the responsibility of the owner(s).
q. Any access control, such as a gate, that the property owner(s) wish to install should
conform in design and construction to all relevant city standards, regulations, and
processes, and must meet emergency access requirements. All access control s should
conform to city standards as if it was newly constructed. Recent abandonment will not be
accepted as a justification for any exemptions or variances to these standards.
(3) Privatization
For the purposes of this ordinance privatization of a roadway shall mean the abandonment of
the right of way to a community for the purposes of converting a public road to a private road
while continuing to maintain access to the properties within the community. As a condition
of approval for the privatization of any right of way the community shall continue to provide
access to all properties previously served by the public road.
In addition to the criteria established for the abandonment of any right of way, as outlined in
Sections (1) and (2), privatization shall meet the following requirements:
a. The Department of Public Works will only support a request for privatization of local
roads that do not connect two or more different collector roads without sufficient
supporting documentation to demonstrate that the abandonment will not negatively affect
surrounding roadways. For the purposes of this ordinance a local road is defined as those
roads built as part of a platted residential development.
b. The applicant for any privatization request shall be a homeowner association or other
legal entity established with the authority to act on behalf of all of the members of the
defined community. The applicant is required to meet all of the application requirements
provided by the city including the minimum percentage approval rates established for the
formal petition for abandonment prior to the final public hearing.
c. In the case of a road privatization the “community” shall be defined as all of those
owners whose property adjoins the right of way or whose sole access is provided by the
right of way to be abandoned or that may incur a financial obligation for the maintenance
and preservation of the right of way should the abandonment resolution be approved.
d. The applicant shall file financial statements reflecting assets similar to what is required
for a homeowner association to finance a line of credit for capital assets. This information
will not be made public to the fullest extent allowed by the Open Records Act and is only
to insure solvency and to further demonstrate that the applicant has the financial means to
fund those future costs associated with maintaining the asset.
Chapter 48 Streets, Sidewalks and Other Public Places
City of Milton Code of Ordinances Page 5
e. After the public hearing process and an affirmative action by the mayor and city council
to privatize any right of way, the right of way must remain private for a minimum of five
years before being eligible to submit for public status again. If, after five years, a right of
way is submitted for public acceptance the road shall be required to meet the construction
and testing standards established by the City of Milton.
(4) Hearing Process
a. Once it has been determined that the initial application is complete and conforms to the
requirements of the City of Milton, the application will be placed on the City Council
agenda for initial consideration. At that time, the council will determine whether to
accept the application for further processing or to reject the application outright.
Acceptance of the application by the council does not constitute final approval of the
application or the abandonment of the public road or right of way, or any portion thereof.
Upon a determination by the Mayor and City Council to accept the application for further
processing, the applicant shall be duly notified. The applicant shall also be required to
pay all required fees and comply with the requirements of this ordinance and applicable
State law prior to the initial public hearing. Any application that is not accepted for
further processing by the council shall not be re-filed for a period of one (1) year from the
date that the application was rejected.
b. Two public hearings shall be held before the Mayor and City Council; provided,
however, the second public hearing shall not occur on the same day as the first. However,
if 100% approval is obtained by the community prior to the initial public hearing, the
second public hearing will not be required.
c. If, after the final public hearing, the Mayor and City Council finds that no substantial
public purpose is served by the road or that the removal of the road from the municipal
street system is otherwise in the best public interest, it may approve a resolution
authorizing the abandonment of the public right of way. If the Mayor and City Council
approve such a resolution then the right of way shall be considered surplus property and
disposed of in accordance with O.C.G.A. 32-7-3, 32-7-4, and 36-37-6.
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 48 - STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, ARTICLE III - RIGHT-OF-WAY MANAGEMENT, DIVISION 2 - ACCEPTANCE
AND ABANDONMENT POLICY, SECTION 48-168 - METHODS, AND CHAPTER 48 -
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE III - RIGHT-OF-WAY
MANAGEMENT, DIVISION 3 – PRIVATIZATION POLICY OF THE CITY OF MILTON
CODE OF ORDINANCES TO MODIFY THE POLICIES AND METHODS FOR
ACCEPTANCE, ABANDONMENT AND PRIVITIZATION OF RIGHT-OF-WAY; TO
PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks and other
public places within the City of Milton; and
WHEREAS, Chapter 48, Article 3, Division 2, Section 48-168 of the City of Milton Code of Ordinances
provides for the policies and methods for acceptance and abandonment of right-of-way in the City of
Milton; and
WHEREAS, Chapter 48, Article 3, Division 3 of the City of Milton Code of Ordinances provides for the
policies and methods for privatization of right-of-way in the City of Milton; and
WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s
residents to amend Chapter 48, Article 3, Division 2, Section 48-168 and amend Chapter 48, Article 3,
Division 3 to modify the policies and methods for acceptance, abandonment and privatization of right-of-
way in the City of Milton.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called
Council meeting on the ____ day of ____________, 2011 at 6 p.m. as follows:
SECTION 1. That Chapter 48, Article 3, Division 2, Section 48-168 of the City of Milton Code
of Ordinances relating to the methods for acceptance and abandonment of right-of-way within the City of
Milton shall be stricken it its entirety and replaced with the Ordinance attached hereto as if fully set forth
herein.
SECTION 2. That Chapter 48, Article 3, Division 3 of the City of Milton Code of Ordinances
relating to the privatization policy of right-of-way within the City of Milton shall be stricken it its
entirety.
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 4. This Ordinance shall become effective upon its adoption.
Page 2 of 2
ORDAINED this the _____ day of __________, 2011.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
__________________________
Sudie AM Gordon
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-03-173, A RESOLUTION
APPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND RECREATION
ADVISORY BOARD FOR DISTRICT 6
BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a Regular
Meeting on September 7, 2011 at 6:00 p.m. as follows:
SECTION 1. That ________________ (District 6) is hereby appointed for a term
commencing September 7, 2011 and ending on December 31, 2011; and
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this 7th day of September, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
[Staff Memo - Crabapple Visioning Study Amendment Cover Memo to MCC 090111]
To: Honorable Mayor and City Council Members
From: Tom Wilson, Interim Community Development Director
Date: September 1, 2011 for Submission onto the Sept. 7, 2011 City Council
Meeting
Agenda Item: Acceptance of the Crabapple Visioning Plan as Amended
CMO (City Manager’s Office) Recommendation:
To accept the Crabapple Visioning Plan as amended.
Background:
The Crabapple Visioning Study was presented to the Mayor and City Council in a work session
on May 25, 2011 at which time the Council suggested that the study might be too specific in
regards to land use and density. They asked for the study to be made more general and less
specific.
Discussion:
The Mayor and City Council commissioned the visioning study prepared by Lew Oliver in the
spring of 2011 to assist the council and staff in focusing future planning efforts toward a creative
and holistic approach to solving the challenges of the Crabapple area. The study as presented
by Mr. Oliver at a council work session was received with enthusiasm and generated valuable
discussion regarding the general direction of the study and the specificity of the land uses
and/or densities contained in the study.
This amendment brings alignment between the concerns of the City Council and the document
as presented. It does not amend the conversation or concepts generated in the work session;
only the specific document mentioned above.
Concurrent Review:
Chris Lagerbloom, City Manager
PAGE 1 OF 4
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION TO ACCEPT THE “CITY OF MILTON VISIONING PLAN” DATED
MARCH 11, 2011 AND AS AMENDED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT, PREPARED BY LEW OLIVER, INC – WHOLE TOWN SOLUTIONS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
September 7, 2011 at 6:00 p.m. as follows:
WHEREAS, the Mayor and City Council commissioned a visioning study for Crabapple area
prepared by Lew Oliver, Inc – Whole Town Solutions in the spring of 2011 to assist the Mayor and
City Council and staff in focusing future planning efforts toward a creative and h olistic approach to
solving the challenges of the Crabapple area; and
WHEREAS, the citizens, business owners, and other interested parties within the City of Milton
participated in multiple open houses to weigh in on the future of the Crabapple area; and
WHEREAS, Lew Oliver, Inc. utilized the input from the citizens, business owners, and other
interested parties as well as implementing sound planning concepts to the Crabapple area; and
WHEREAS, Lew Oliver, Inc presented the “City of Milton Visioning Plan” to the Mayor and City
Council on May 25, 2011 and the Mayor and City Council requested that the Plan be more general to
meet the future needs and demands of the area; and
WHEREAS, the amendment dated September 1, 2011 prepared by the Community Development
Department to the “City of Milton, Georgia Visioning Study” addresses these general issues and is
accepted as an amendment to the said document cited above.
NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of
Milton does hereby accept;
City of Milton, Georgia Visioning Study dated March 11, 2011 with the above mentioned
amendment dated September 1, 2011 as prepared by the Community Development
Department
PAGE 2 OF 4
RESOLVED this the 7th day of September, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
PAGE 3 OF 4
City of Milton Georgia Visioning Study
Prepared by Lew Oliver, Inc.
Whole Town Solutions
March 14, 2011
AMENDMENT September 1, 2011
Background
The Mayor and City Council commissioned the visioning study
prepared by Lew Oliver in the spring of 2011 to assist the Council
and staff in focusing future planning efforts toward a creative and
holistic approach to solving the challenges of the Crabapple area.
The study as presented by Mr. Oliver at a Council work session
was received with enthusiasm and generated valuable discussion
regarding the general direction of the study and the specificity of
the land uses and/or densities contained in the study.
This amendment brings alignment between the concerns of the
City Council and the document as presented. It does not amend
the conversation or concepts generated in the work session; only
the specific document mentioned above. This amendment has
been prepared by the community development staff.
Generally
The City Council understands that the visioning study is
conceptual in nature and is intended to focus the Council and
staff in bringing together the tools and ordinances required to
protect the community’s vision while providing direction for future
development and preserving the unique character of the area.
The Council further understands that references in the document
regarding specific land use types, transportation elements and
architectural treatments are suggestive and not prescriptive.
Specifically
While the visioning plan mentions land uses in general terms
throughout the document, it speaks more directly to uses along
Mid-Broadwell where the retire-in-place concept is considered.
This amendment emphasizes the conceptual nature of this use
for Mid-Broadwell and stresses that other uses may be
appropriate for this location and that alternate locations may also
lend themselves to elderly housing types. Furthermore,
segregating elderly housing from other housing types for empty
nesters, singles and small family units may or may not be
appropriate in the final solution for Crabapple. Future market
PAGE 4 OF 4
conditions will heavily influence the ultimate uses appropriate for
Crabapple.
Although no specific mention is made in the text of appropriate
densities of land uses, the Crabapple Conceptual Master Plan
(page D2) illustrates open space, lot coverage and massing of
buildings that, at some level, connotes density. It is noted in this
amendment that any conclusions as to appropriate densities
derived from the illustrations are invalid and that these
illustrations are conceptual only. Further study is necessary to
determine appropriate densities.
Conclusion
The City Council accepts the general concepts presented in the
visioning study as direction in formulating ordinances, overlays
and solutions in the Crabapple area and reserves their ability to
take future actions consistent with the best interests of the
citizens of Crabapple and Milton.
Acceptance of this study does not replace or modify the currently
adopted Crabapple Crossroads Plan, the Crabapple Overlay
District, the Northwest Fulton Overlay District or any other
applicable regulations.