HomeMy WebLinkAbout01-09-2012-PacketPage 1 of 4
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
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, January 9, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Chaplain Remco Brommett, Chaplain for City of Milton Police and Fire
CALL TO ORDER
1) ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS
(Judge Zimmerman and Judge Bruggink)
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 12-001)
5) PUBLIC COMMENT
6) CONSENT AGENDA
1. Approval of the December 19, 2011 Regular Council Minutes.
(Agenda Item No. 12-002)
(Sudie Gordon, City Clerk)
2. Approval of Financial Statements for the Period Ending June, 2011.
(Agenda Item No. 12-003)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 9, 2012
Page 2 of 4
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 Financial Statements for the Period Ending July, 2011.
(Agenda Item No.12-004)
(Stacey Inglis, Finance Director)
4. Approval of a Task Order with Stantec Consulting Services, Inc. for Design for SR 372
Crabapple Intersection Improvements.
(Agenda Item No. 12-005)
(Carter Lucas, Public Works Director)
5. Approval of a Construction Services Agreement between Martin-Robbins Fence
Company, Inc. and The City of Milton for Guardrail Replacement on Hopewell Road.
(Agenda Item No. 12-006)
(Carter Lucas, Public Works Director)
6. Approval of a Memorandum of Agreement between the Fulton County Soil and Water
Conservation District and The City of Milton of Fulton County, Georgia.
(Agenda Item No. 12-007)
(Kathleen Field, Community Development Director)
7. Approval of a Professional Services Agreement between Davenport & Company, LLC
and the City of Milton for the Purpose of Providing Financial Advisory Services.
(Agenda Item No. 12-008)
(Stacey Inglis, Finance Director)
8. Approval of a First Amendment to the Granicus Services Agreement between Granicus,
Inc. and the City of Milton, Georgia.
(Agenda Item No. 12-009)
(Sudie Gordon, City Clerk)
7) REPORTS AND PRESENTATIONS (None)
8) FIRST PRESENTATION
1. Approval of the Adoption of an Ordinance of the Mayor and City Council of the City of
Milton, Georgia to Amend Chapter 2 – Administration, Article VI – Financial
Management Program, of the City of Milton Code of Ordinances to Include Division 13 –
Fund Balance Policy.
(Agenda Item No. 12-010)
(Stacey Inglis, Finance Director)
2. RZ11-19/VC11-05 – 15260 Hopewell Road, Applicant: Reunion Park. A request to
rezone from AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural)
for an existing 1,180 square foot building for general retail uses and an existing 1,835
square foot single family residence to remain with the following four-part concurrent
variance:
MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 9, 2012
Page 3 of 4
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.
1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10
foot landscape strip along the south zoning line of Parcel 1 intersecting with
Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a
distance of 89.69 feet (Sec 64-1141(3)(a));
2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40
foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road),
running from the corner of an existing driveway North 80 degrees 44 minutes 27
seconds West 190.43 feet to the westerly 10 foot improvement setback line (Sec
64-1141(3)(a));
3) To delete the 50 foot buffer and10 foot improvement setback along the southwest
zoning line of Parcel 1 running from Hopewell Road North 68 degrees 10 minutes
12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West
35.46 feet to the northerly line of an existing driveway for Parcel 2 (Sec 64-
1141(3)(a));
4) To reduce the 25 foot setback for parking adjacent to residentially used
property to 10 feet along the south zoning line (Sec. 64-1433(f)(1)).
(Agenda Item No. 12-011)
(Kathleen Field, Community Development Director)
2. RZ11-17 – To Amend Article XVI of the Zoning Ordinance (Chapter 64 of the City
Code) – Signs.
(Agenda Item No. 12-012)
(Kathleen Field, Community Development Director)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Approval of An Ordinance to Amend Chapter 2, Article VI, Division 11, Purchasing
Policies, Section 2-621.
(Agenda Item No. 11-283)
(First Presentation on December 19, 2011)
(Chris Lagerbloom, City Manager)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 9, 2012
Page 4 of 4
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. 11-06-177, A Resolution
Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton
Board of Zoning Appeals.
(Agenda Item No. 12-013)
(Presented by Mayor Joe Lockwood)
2. Approval of a Resolution Amending Resolution No. 11-11-196, A Resolution
Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton
Design Review Board.
(Agenda Item No. 12-014)
(Presented by Mayor Joe Lockwood)
3. Approval of a Resolution Amending Resolution No. 11-04-174, A Resolution
Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton
Historic Preservation Commission.
(Agenda Item No. 12-015)
(Presented by Mayor Joe Lockwood)
4. Approval of a Resolution Amending Resolution No. 11-03-173, A Resolution
Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton
Parks and Recreation Advisory Board.
(Agenda Item No. 12-016)
(Presented by Mayor Joe Lockwood)
5. Approval of a Resolution Amending Resolution No. 10-01-127, A Resolution
Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton
Planning Commission.
(Agenda Item No. 12-017)
(Presented by Mayor Joe Lockwood)
6. Approval of A Resolution Establishing Issues to be Reviewed by the City of Milton
Charter Commission.
(Agenda Item No. 12-018)
(Discussed at December 12, 2011 Work Session)
(Chris Lagerbloom, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-019)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: January 9, 2012 City Council Meeting
Agenda Item: Financial Statements for Period 9 – June 2011
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 12.98% higher than anticipated for the ninth
period of the fiscal year. As previously mentioned, this is due mainly to the prior year property
tax collections being well above what is expected for this time of the year.
Total expenditures to‐date are $9,928,989 and are 4.19% less than expected for this period of
the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project‐by‐project basis. With a total
project expenditure budget of $9,540,001, capital expenditures‐to‐date total $3,915,532.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,325
Sidewalk Replacement Fund: Balance: $80,308
1 of 9
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending June 2011
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 8,607,691 59,100 25,346 33,755 1,446,744 987,691 459,053
Motor Vehicle Tax 450,000 44,375 37,500 6,875 355,604 300,000 55,604
Intangible Tax 160,000 11,298 13,333 (2,036) 119,729 106,667 13,063
Real Estate Transfer Tax 37,000 4,922 3,083 1,839 23,918 24,667 (749)
Franchise Fees 1,700,000 64,173 51,000 13,173 1,102,187 1,020,000 82,187
Local Option Sales Tax 3,540,000 283,604 295,000 (11,396) 2,416,986 2,271,500 145,486
Alcohol Beverage Excise Tax 280,000 26,339 23,333 3,006 183,189 186,667 (3,477)
Business & Occupation Tax 550,000 25,842 11,000 14,842 546,297 544,500 1,797
Insurance Premium Tax 850,000 - - - - - -
Financial Institution Tax 26,000 - - - 30,899 26,000 4,899
Penalties & Interest 59,000 5,131 167 4,965 64,752 57,980 6,772
Alcohol Beverage Licenses 150,000 - - - 137,600 141,000 (3,400)
Other Non-Business Permits/Licenses 15,750 715 1,313 (598) 8,582 11,813 (3,231)
Zoning & Land Disturbance Permits 23,000 750 1,917 (1,167) 12,360 17,250 (4,890)
Building Permits 75,000 26,173 6,250 19,923 157,439 56,250 101,189
Intergovernmental Revenue - - - - - - -
Other Charges for Service 318,000 44,991 22,750 22,241 264,084 238,500 25,584
Municipal Court Fines 502,500 37,068 41,875 (4,807) 313,207 376,875 (63,668)
Interest Earnings 15,000 2,174 1,250 924 24,680 11,250 13,430
Contributions & Donations - - - - - - -
Other Revenue 37,802 450 - 450 40,774 37,802 2,972
Other Financing Sources - - - - - - -
Total Revenue 17,396,743 637,106 535,116 101,989 7,249,033 6,416,411 832,622
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 166,912 14,084 13,343 741 108,274 119,195 (10,921)
Clerk of the Council 224,741 15,006 17,558 (2,552) 145,655 162,236 (16,580)
City Manager 297,343 22,229 23,139 (910) 206,829 214,400 (7,571)
General Administration 548,694 42,901 45,725 (2,824) 438,138 453,283 (15,144)
Finance 517,011 29,560 59,104 (29,544) 346,013 352,180 (6,167)
Legal 240,000 13,778 20,000 (6,222) 93,675 140,000 (46,325)
Information Technology 525,571 37,987 36,753 1,233 376,902 381,804 (4,902)
Human Resources 238 606 18 022 18 684 (662)155 972 172 343 (16 371)
Revenue Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Human Resources 238,606 18,022 18,684 (662) 155,972 172,343 (16,371)
Risk Management 175,621 - 14,635 (14,635) 106,082 131,716 (25,634)
General Government Buildings - 940 - 940 33,014 - 33,014
Public Information & Marketing 85,371 5,869 6,627 (758) 64,690 61,397 3,292
Municipal Court 226,604 16,206 17,595 (1,389) 149,723 162,996 (13,272)
Police 2,524,380 218,068 196,947 21,121 1,836,270 1,820,827 15,443
Fire 4,196,653 293,600 327,271 (33,671) 2,997,505 3,026,262 (28,757)
EMS Operations 136,881 11,021 11,407 (386) 99,187 102,661 (3,473)
Public Works 1,513,980 76,375 123,350 (46,975) 865,788 1,120,284 (254,496)
Parks & Recreation 357,374 31,158 28,540 2,618 199,183 261,331 (62,148)
Community Development 652,724 50,425 50,484 (59) 527,885 468,431 59,454
Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2)
Operating Transfers to Other Funds 3,918,284 15,410 15,410 - 45,635 61,103 (15,468)
Operating Reserve 133,450 - - - - - -
Total expenditures 17,396,743 912,640 1,743,116 (830,477) 9,512,962 9,928,989 (416,027)
Net Income/(Loss)(275,534)(2,263,929)
2 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee -$ 725$ 1,775$ 1,775$
Earth Day Vendor Fee - 150 495 495
Interest Revenues - - - -
Milton Roundup Sponsor 10,000 1,525 3,525 (6,475)
Earth Day Sponsor - - 4,100 4,100
Concert Sponsor - 500 500 500
Mayor's Run 2,000 - 441 (1,559)
Contributions & Donations 2,000 - - (2,000)
T-shirt Sales 500 - 126 (374)
Total revenues 14,500$ 2,900$ 10,962$ (3,538)$
EXPENDITURES
Current:
Special Events 49,500$ 2,749$ 37,452$ 12,048$
Total Expenditures 49,500$ 2,749$ 37,452$ 12,048$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 35,000$ 4,331$ 31,804$ (3,196)$
Total other financing sources and uses 35,000$ 4,331$ 31,804$ (3,196)$
Net change in fund balances -$ 5,314$
Fund balances - beginning 44,203
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
gg
Fund balances - ending -$ 49,517$
3 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations -$ -$ -$ -$
Cash Confiscations/US Marshals - - 3,400 3,400
Interest Revenues - 5 45 45
Realized Gain on Investments - 46 164
Budgeted Fund Balance 2,800 - - (2,800)
Total revenues 2,800$ 51$ 3,608$ 645$
EXPENDITURES
Current:
Police 2,800$ -$ 500$ 2,300$
Total Expenditures 2,800$ -$ 500$ 2,300$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 3,108$
Fund balances - beginning - 7,520
Fund balances - ending -$ 10,628$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
4 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 38,298$ 471,268$ (228,732)$
Total revenues 700,000$ 38,298$ 471,268$ (228,732)$
EXPENDITURES
Current:
Public Safety 627,787$ 1,715$ 430,387$ 197,400$
Total Expenditures 627,787$ 1,715$ 430,387$ 197,400$
OTHER FINANCING USES
Unallocated 72,213$ -$ -$ (72,213)$
Total other financing sources and uses 72,213$ -$ -$ (72,213)$
Net change in fund balances -$ 40,881$
Fund balances - beginning - 340,333
Fund balances - ending -$ 381,214$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
5 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 50,032$ -$ 30,225$ (19,807)$
Total revenues 50,032$ -$ 30,225$ (19,807)$
EXPENDITURES
Current:
General Administration 3,350$ -$ -$ 3,350
Fire 128,153 30,820 91,270 36,883
Public Works - - - -
Community Development - - - -
Total Expenditures 131,503$ 30,820$ 91,270$ 40,233$
Excess of revenues over expenditures (81,471) (30,820) (61,045) 20,426
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 81,471$ 15,410$ 45,635$ (35,836)$
Total other financing sources and uses 81,471$ 15,410$ 45,635$ (35,836)$
Net change in fund balances - (15,410)
Fund balances - beginning 3,423
Fund balances - ending -$ (11,987)$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
6 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 35,000$ 4,331$ 31,804$ (3,196)$
Total revenues 35,000$ 4,331$ 31,804$ (3,196)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund -$ -$ -$ -$
Transfers out to Special Events Fund 35,000 4,331 31,804 66,804
Total other financing sources and uses 35,000$ 4,331$ 31,804$ 66,804$
Net change in fund balances - -
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
7 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 1,311$ 34,460$ (30,540)$
Crabapple Paving Fee - 3,150 6,300 6,300
Landfill Host Fees 155,000 - 33,724 (121,276)
HYA Fees 20,000 - 9,375 (10,625)
Tree Recompense 12,625 - - (12,625)
Interest Revenue 2,000 - - (2,000)
Realized Gain or Loss on Investments 2,000 - 5,486 3,486
Sidewalk Replacement Account 70,558 - 9,750 (60,808)
Total revenues 327,183 4,461$ 99,095$ (228,088)$
EXPENDITURES
Capital Outlay
City Council 425,000$ 224,906$ 1,645,456$ (1,220,456)$
General Admin 15,000 - - 15,000
Finance 44,475 2,690 13,279 31,196
IT 46,000 - 37,683 8,317
Police 212,613 9,342 84,473 128,140
Fire 463,688 - 74,544 389,144
Public Works 6,136,118 548,583 1,804,710 4,331,408
Parks & Recreation 1,857,798 35,416 224,515 1,633,283
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
Community Development 339,309 - 30,872 308,437
Total Capital Outlay 9,540,001$ 820,936$ 3,915,532$ 5,624,469$
Excess of revenues over expenditures (9,212,818) (816,475) (3,816,437) (5,852,557)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$
Unallocated (98,933) - - 98,933
Budgeted Fund Balance 5,713,178 - - (5,713,178)
Total other financing sources and uses 9,212,818 - - (9,212,818)
Net change in fund balances - (3,816,437)
Fund balances - beginning 5,940,006
Fund balances - ending -$ 2,123,569$
8 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Assistant to Firefighters Grant -$ -$ 23,004$ 23,004
GDOT HPP Funds 3,365,794 33,837 194,976 (3,170,818)
LCI Funds 100,000 - - (100,000)
GA Urban Forestry Grant 20,000 - - (20,000)
MARTA Grant 613,000 - 291,674 (321,326)
Interest Revenues - - - -
Total revenues 4,098,794$ 33,837$ 509,654$ (3,589,140)$
EXPENDITURES
Capital Outlay
Public Works 4,473,608$ 31,070$ 578,239$ 3,895,369$
Community Development 150,000 - - 150,000
Total Capital Outlay 4,623,608$ 31,070$ 578,239$ 4,045,369$
Excess of revenues over expenditures (524,814) 2,767 (68,585) 456,229
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 238,240$ -$ -$ (238,240)$
Budgeted Fund Balance 286,574 - - (286,574)$
Total other financing sources and uses 524,814$ -$ -$ (524,814)$
Net change in fund balances - (68,585)
Fund balances - beginning 880,161
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2011
Fund balances - ending -$ 811,576$
9 of 9
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: January 9, 2012 City Council Meeting
Agenda Item: Financial Statements for Period 10 – July 2011
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 11.86% higher than anticipated for the tenth
period of the fiscal year. As previously mentioned, this is due mainly to the prior year property
tax collections being well above what is expected for this time of the year.
Total expenditures to‐date are $11,236,812 and are 5.59% less than expected for this period of
the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project‐by‐project basis. With a total
project expenditure budget of $9,540,001, capital expenditures‐to‐date total $3,932,711.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,325
Sidewalk Replacement Fund: Balance: $80,308
1 of 9
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending July 2011
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 8,607,691 40,773 25,346 15,427 1,487,517 987,691 499,826
Motor Vehicle Tax 450,000 45,859 37,500 8,359 401,464 337,500 63,964
Intangible Tax 160,000 13,299 13,333 (34) 133,029 120,000 13,029
Real Estate Transfer Tax 37,000 5,065 3,083 1,981 28,982 27,750 1,232
Franchise Fees 1,700,000 285,734 51,000 234,734 1,387,922 1,360,000 27,922
Local Option Sales Tax 3,540,000 291,073 295,000 (3,927) 2,708,058 2,566,500 141,558
Alcohol Beverage Excise Tax 280,000 28,552 23,333 5,219 211,741 210,000 1,741
Business & Occupation Tax 550,000 3,437 11,000 (7,563) 549,734 544,500 5,234
Insurance Premium Tax 850,000 - - - - - -
Financial Institution Tax 26,000 - - - 30,899 26,000 4,899
Penalties & Interest 59,000 5,708 167 5,541 70,460 57,980 12,480
Alcohol Beverage Licenses 150,000 - - - 137,600 141,000 (3,400)
Other Non-Business Permits/Licenses 15,750 1,310 1,313 (3) 9,892 13,125 (3,233)
Zoning & Land Disturbance Permits 23,000 13,401 1,917 11,484 25,761 19,167 6,594
Building Permits 75,000 15,606 6,250 9,356 173,045 62,500 110,545
Intergovernmental Revenue - - - - - - -
Other Charges for Service 318,000 27,437 22,750 4,687 291,521 265,000 26,521
Municipal Court Fines 502,500 32,149 41,875 (9,726) 345,356 418,750 (73,394)
Interest Earnings 15,000 2,072 1,250 822 26,753 12,500 14,253
Contributions & Donations - - - - - - -
Other Revenue 37,802 2,090 - 2,090 42,864 37,802 5,062
Other Financing Sources - - - - - - -
Total Revenue 17,396,743 813,566 535,116 278,449 8,062,598 7,207,765 854,833
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 166,912 15,960 18,108 (2,147) 124,235 141,703 (17,468)
Clerk of the Council 224,741 20,553 24,580 (4,027) 166,208 186,816 (20,608)
City Manager 297,343 33,297 31,368 1,929 240,127 245,768 (5,641)
General Administration 548,694 42,249 45,725 (3,476) 480,387 499,007 (18,620)
Finance 517,011 40,952 45,104 (4,152) 386,965 399,469 (12,504)
Legal 240,000 15,031 20,000 (4,969) 108,706 160,000 (51,294)
Information Technology 525,571 9,959 40,187 (30,228) 386,861 421,991 (35,129)
Human Resources 238 606 22 917 25 656 (2 739)178 889 197 999 (19 110)
Revenue Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Human Resources 238,606 22,917 25,656 (2,739) 178,889 197,999 (19,110)
Risk Management 175,621 21,711 14,635 7,076 127,793 146,351 (18,558)
General Government Buildings - 3,673 - 3,673 36,687 - 36,687
Public Information & Marketing 85,371 3,077 9,550 (6,473) 67,767 70,948 (3,181)
Municipal Court 226,604 19,332 25,326 (5,993) 169,056 188,321 (19,265)
Police 2,524,380 214,958 277,456 (62,498) 2,051,228 2,098,283 (47,055)
Fire 4,196,653 342,386 461,969 (119,583) 3,339,891 3,488,231 (148,340)
EMS Operations 136,881 11,021 11,407 (386) 110,208 114,068 (3,859)
Public Works 1,513,980 170,042 140,240 29,802 1,035,830 1,260,524 (224,694)
Parks & Recreation 357,374 46,652 35,985 10,667 245,835 297,315 (51,480)
Community Development 652,724 62,392 73,942 (11,551) 590,276 542,373 47,903
Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2)
Operating Transfers to Other Funds 3,918,284 - - - 45,635 61,103 (15,468)
Operating Reserve 133,450 - - - - - -
Total expenditures 17,396,743 1,096,163 2,017,781 (921,618) 10,609,125 11,236,812 (627,687)
Net Income/(Loss)(282,597)(2,546,527)
2 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee -$ 400$ 2,175$ 2,175$
Earth Day Vendor Fee - - 495 495
Interest Revenues - - - -
Milton Roundup Sponsor 10,000 - 3,525 (6,475)
Earth Day Sponsor - 1,000 5,100 5,100
Concert Sponsor - - 500 500
Mayor's Run 2,000 - 441 (1,559)
Contributions & Donations 2,000 - - (2,000)
T-shirt Sales 500 - 126 (374)
Total revenues 14,500$ 1,400$ 12,362$ (2,138)$
EXPENDITURES
Current:
Special Events 49,500$ 503$ 37,955$ 11,545$
Total Expenditures 49,500$ 503$ 37,955$ 11,545$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 35,000$ 3,196$ 35,000$ -$
Total other financing sources and uses 35,000$ 3,196$ 35,000$ -$
Net change in fund balances -$ 9,407$
Fund balances - beginning 44,203
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
gg
Fund balances - ending -$ 53,610$
3 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations -$ -$ -$ -$
Cash Confiscations/US Marshals - - 3,400 3,400
Interest Revenues - 5 50 50
Realized Gain on Investments - 48 211
Budgeted Fund Balance 2,800 - - (2,800)
Total revenues 2,800$ 53$ 3,662$ 650$
EXPENDITURES
Current:
Police 2,800$ -$ 500$ 2,300$
Total Expenditures 2,800$ -$ 500$ 2,300$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 3,162$
Fund balances - beginning - 7,520
Fund balances - ending -$ 10,682$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
4 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 111,156$ 582,424$ (117,576)$
Total revenues 700,000$ 111,156$ 582,424$ (117,576)$
EXPENDITURES
Current:
Public Safety 627,787$ 160,565$ 590,952$ 36,835$
Total Expenditures 627,787$ 160,565$ 590,952$ 36,835$
OTHER FINANCING USES
Unallocated 72,213$ -$ -$ (72,213)$
Total other financing sources and uses 72,213$ -$ -$ (72,213)$
Net change in fund balances -$ (8,529)$
Fund balances - beginning - 340,333
Fund balances - ending -$ 331,804$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
5 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 50,032$ 14,401$ 44,626$ (5,407)$
Total revenues 50,032$ 14,401$ 44,626$ (5,407)$
EXPENDITURES
Current:
General Administration 3,350$ -$ -$ 3,350
Fire 128,153 - 91,270 36,883
Public Works - - - -
Community Development - - - -
Total Expenditures 131,503$ -$ 91,270$ 40,233$
Excess of revenues over expenditures (81,471) 14,401 (46,645) 34,827
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 81,471$ -$ 45,635$ (35,836)$
Total other financing sources and uses 81,471$ -$ 45,635$ (35,836)$
Net change in fund balances - (1,010)
Fund balances - beginning 3,423
Fund balances - ending -$ 2,414$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
6 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 35,000$ 4,491$ 36,295$ 1,295$
Total revenues 35,000$ 4,491$ 36,295$ 1,295$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund -$ 1,295$ 1,295$ 1,295$
Transfers out to Special Events Fund 35,000 3,196 35,000 70,000
Total other financing sources and uses 35,000$ 4,491$ 36,295$ 71,295$
Net change in fund balances - -
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
7 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 11,757$ 46,217$ (18,783)$
Crabapple Paving Fee - - 6,300 6,300
Landfill Host Fees 155,000 - 33,724 (121,276)
HYA Fees 20,000 - 9,375 (10,625)
Tree Recompense 12,625 - - (12,625)
Interest Revenue 2,000 - - (2,000)
Realized Gain or Loss on Investments 2,000 - 5,486 3,486
Sidewalk Replacement Account 70,558 - 9,750 (60,808)
Total revenues 327,183 11,757$ 110,852$ (216,331)$
EXPENDITURES
Capital Outlay
City Council 425,000$ -$ 1,645,456$ (1,220,456)$
General Admin 15,000 - - 15,000
Finance 44,475 - 13,279 31,196
IT 46,000 - 37,683 8,317
Police 212,613 - 84,473 128,140
Fire 463,688 - 74,544 389,144
Public Works 6,136,118 8,072 1,812,781 4,323,337
Parks & Recreation 1,857,798 9,107 233,622 1,624,176
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
Community Development 339,309 - 30,872 308,437
Total Capital Outlay 9,540,001$ 17,179$ 3,932,711$ 5,607,290$
Excess of revenues over expenditures (9,212,818) (5,422) (3,821,859) (5,823,622)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$
Unallocated (98,933) - - 98,933
Budgeted Fund Balance 5,713,178 - - (5,713,178)
Total other financing sources and uses 9,212,818 - - (9,212,818)
Net change in fund balances - (3,821,859)
Fund balances - beginning 5,940,006
Fund balances - ending -$ 2,118,147$
8 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Assistant to Firefighters Grant -$ -$ 23,004$ 23,004
GDOT HPP Funds 3,365,794 - 194,976 (3,170,818)
LCI Funds 100,000 - - (100,000)
GA Urban Forestry Grant 20,000 - - (20,000)
MARTA Grant 613,000 - 291,674 (321,326)
Interest Revenues - - - -
Total revenues 4,098,794$ -$ 509,654$ (3,589,140)$
EXPENDITURES
Capital Outlay
Public Works 4,473,608$ 21,276$ 599,515$ 3,874,093$
Community Development 150,000 - - 150,000
Total Capital Outlay 4,623,608$ 21,276$ 599,515$ 4,024,093$
Excess of revenues over expenditures (524,814) (21,276) (89,861) 434,953
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 238,240$ -$ -$ (238,240)$
Budgeted Fund Balance 286,574 - - (286,574)$
Total other financing sources and uses 524,814$ -$ -$ (524,814)$
Net change in fund balances - (89,861)
Fund balances - beginning 880,161
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2011
Fund balances - ending -$ 790,300$
9 of 9
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: December 16, 2011 for January 9, 2012 Council Meeting
Agenda Item: Approval of a Task Order with Stantec Consulting Services, Inc for Design for
SR 372 Crabapple Intersection Improvements
Background:
Stantec, formerly Street Smarts, was selected as one of our on call planning and engineering
consultants and they were approved by Mayor and Council on October 20, 2008. Stantec was
selected for this task as the most qualified, already bid, on call consultant for this project.
Discussion:
The work to be completed under this Agreement (the “Work”) is referenced in the Contract.
Individual project work will be defined by task orders. This task order is subject to the terms
and conditions of the Street Smarts - City master agreement dated November 12, 2008 and shall
serve as authorization by the City of Milton to (“Consultant”) to perform the services described
therein.
The task order is for the design services as part of Georgia Department of Transportation project
PI 0007313 CR 1324/Mayfield Road @ CR 1336/Mid-Broadwell Road. This includes additional
alternative analysis as part of the concept development, preliminary plans, right of way plans,
and final design construction plans.
The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is
reimbursable from Federal Funds through GDOT.
Legal Review:
Stantec Task Order 11-SSI-03 – Paul Higbee, Jarrard & Davis on 11/30/11
Attachments:
1. Task Order 11-SSI-03
PROFESSIONAL SERVICES
AGREEMENT WITH STANTEC CONSULTING SERVICES, INC.
DATED ___________________
TASK ORDER 11-SSI-03
DESIGN FOR SR 372 CRABAPPLE INTERSECTION IMPROVEMENTS
(ALSO KNOWN AS MAYFIELD AT MID BROADWELL)
This TASK ORDER between the parties is entered into pursuant to the above referenced
AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as
authorization by the City of Milton to Stantec Consulting Services, Inc., successor in interest to
Street Smarts, Inc. (referred to herein alternately as “Consultant” and “Stantec”) to perform the
services described herein pursuant to the terms and conditions, mutual covenants and promises
provided herein and in the AGREEMENT (RFQ #08-001). Now therefore, the parties agree as
follows:
Description of PROJECT:
The PROJECT consists of additional alternative analysis as part of the concept development,
database preparation, preliminary plans, right-of-way plans, and final design construction plans
for SR 372 Crabapple Intersection Improvements in North Fulton County, G.M.D. 121.
Description of Professional Services:
The services to be furnished by the CONSULTANT under this Agreement shall be those
necessary to design by a Computer Aided Design and Drafting (CADD) System and provide
both hard copy and electronic files for: data base preparation, preliminary plans and layouts,
right-of-way and easement plans and plats, and final design and construction plans for the
PROJECT. The allowable CADD systems to be used for this Agreement shall be Microstation,
CAiCE/Inroads (most current Georgia Department of Transportation (“GDOT”) approved
version), Hydrain, SYNCHRO, HCS, and NETSYM. The CONSULTANT shall not use any
other design, drafting or coordinate geometry software unless approved in writing by the CITY.
Plans shall be prepared in accordance with the CITY standards as to design criteria, procedures,
and format. The CONSULTANT shall prepare all written specifications in the usual format used
by the CITY.
The CONSULTANT shall provide all materials required for the preparation of the plans,
supplemental specifications, and special provisions as contemplated by the AGREEMENT and
this Task Order.
The CONSULTANT shall procure the CITY'S written approval to proceed with each phase of
the PROJECT. Failure to procure such approval prior to CONSULTANT’s initiation of work on
a phase will result in the CONSULTANT assuming all costs for that phase until written approval
to proceed has been obtained from the CITY.
The PROJECT plans shall be developed by the CONSULTANT as follows:
PHASE III- CONCEPT ALTERNATIVE ADDITIONAL ANALYSIS
This phase includes additional concept analysis for additional alternative traffic modeling (1),
concept level peer review of the two roundabouts (2), and support for the environmental
document (3).
1. The product of the Crabapple Visioning Study by Lew Oliver Whole Town Solutions
outlined an existing and proposed street network. In evaluating the alternatives for this
PROJECT the scope of the concept phase, part of task order 10-SSI-07, needs to be
expanded the to evaluate each of the alternatives presented in the visioning study. The
Consultant shall collect traffic counts to provide modeling of the proposed street network,
provide traffic analysis and modeling of the proposed street network, and provide a
summary of connection alternatives as they relate to improving traffic conditions in the
Crabapple area.
2. The concept level peer review of the two proposed roundabouts will be conducted by the
CONSULTANT’S sub-consultant, Kittelson & Associates, Inc. The scope of the peer
review is provided in the Peer Review for Proposed Roundabouts at Birmingham
Highway with McFarlin Lane and Crabapple Road with Crabapple Chase Drive – Project
#12011, and is described in more detail in Attachment B, attached hereto and
incorporated herein by reference. In the event of any conflict between the provisions of
this Task Order and the provisions of Attachment B, that provision operating most to the
benefit of the CITY, as determined by the CITY in its sole discretion, shall govern. The
fee for work performed hereunder by Kittelson & Associates, Inc. (i.e. $6,000.00) is
included in the total maximum fee designated in the fee schedule for this task order
attached hereto and incorporated herein by reference as Attachment A, and said work
shall be conducted according to Part A Task 1 in Attachment B. Tasks 2 and 3 described
in Attachment B may be added by the City in the future under a new task order with the
CONSULTANT.
3. The Consultant will also provide support to Edwards-Pitman Environmental, Inc. as part
of task order 11-SSI-01 in order to obtain a Categorical Exclusion (CE) for the project
following the guidelines in Section III. 4.0 of the GDOT Environmental Procedures
Manual and based on the PROJECT concept.
PHASE IV – DATA BASE PREPARATION
Database preparation shall consist of establishing survey control and gathering and processing all
necessary topographic data required to design the project, which has not already been compiled
by the CITY. This information is to include, but not be limited to, planimetric, terrain, drainage,
property, right-of-way, and easement data. The database and survey control shall be of sufficient
quality and completeness as to allow for the design, acquisition of right-of-way and easements,
and construction of the PROJECT. All information in the database shall be compiled and stored
in accordance with the GDOT’S Survey Processing Guidelines (feature codes, zones, attributes,
cell files) and Electronic Data Guidelines (levels, line weights, colors, classifications, text sizes,
and fonts). The data shall be gathered by remote sensing or field surveying processes that are
acceptable to the CITY and GDOT. The survey limits shall be defined as those agreed to by the
CITY and the CONSULTANT in order to supplement the existing database with updated field
survey information due to changed field conditions.
The CITY will furnish any available mapping/topography data, geodetic survey traverses and
level nets, cadastral survey data, utility surveys and hydraulic surveys it considers beneficial to
the CONSULTANT'S task. The CONSULTANT completely agrees and understands all
mapping and survey data provided by the CITY is for information only and that by making this
data available, the CITY does not vouch for the completeness, correctness or accuracy of the
data.
The CONSULTANT shall be completely responsible and liable for all mapping and surveys
required in producing the end result items called for by this TASK ORDER.
Prior to beginning any database preparation, the CONSULTANT shall communicate with the
CITY'S Liaison Engineer to discuss existing information available and the right of entry letter.
The CONSULTANT shall notify all property owners, in writing, of the impending surveys, prior
to starting any surveying activities on their property. The CONSULTANT shall provide the
District Preconstruction Engineer and the Area Engineer with a copy of the notification letter.
The CONSULTANT shall provide the Liaison Engineer with a copy of each individual
notification letter. The notification letter shall contain, at a minimum, the following information:
• The Project Number, County, and a brief project description
• The property owners name and address on the notification letter
• The Company names of the CONSULTANT and sub-consultants that will be in the field
conducting the surveys or testing
• The Georgia Law, Code 32-2-2(9) which regulates the entry of private property by the
GDOT
• The correct contact name and phone number of the CONSULTANT or sub-consultant
• The correct contact name and phone number of the Liaison Engineer for questions about
the project
The CONSULTANT shall keep all “Return-To-Sender” letters and forward them to the Liaison
Engineer for filing.
The CONSULTANT shall reference the following guidelines for mapping, surveys, and property
data:
1. ASPRS INTERIM ACCURACY STANDARD FOR LARGE SCALE MAPS
2. CLASSIFICATION, STANDARDS OF ACCURACY, AND GENERAL
SPECIFICATIONS OF GEODETIC CONTROL SURVEYS
3. GEORGIA DEPARTMENT OF TRANSPORTATION’S SURVEY PROCESSING
GUIDELINES
4. GEORGIA DEPARTMENT OF TRANSPORTATION’S GUIDELINES FOR
PROCESSING DESIGN DATA IN CAICE
5. GEORGIA DEPARTMENT OF TRANSPORTATION’S ELECTRONIC DATA
GUIDELINES
6. GEORGIA DEPARTMENT OF TRANSPORTATION’S AUTOMATED FIELD
SURVEY MANUAL
7. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
STANDARDS (NOAA TECHNICAL REPORT NOS88, NGS19)
8. FEDERAL GEODETIC CONTROL COMMITTEE (FGCC) – SPECIFICATIONS TO
SUPPORT CLASSIFICATIONS, STANDARDS OF ACCURACY, AND GENERAL
SPECIFICATIONS OF GEODETIC CONTROL SURVEYS.
The CONSULTANT shall gather information and perform required surveys within the
PROJECT limits and establish the following in a format as prescribed by the CITY.
FIELD SURVEYS
The CONSULTANT shall check any data or information furnished by the CITY for accuracy to
determine that it is sufficient to meet the requirements and needs of the PROJECT. Any
discovered errors or omissions contained in the data or information furnished by the CITY shall
be reported in writing to the CITY. This written report should be received by the CITY prior to
the beginning of work on Phase V – PRELIMINARY PLANS. Upon receipt of the written
report, the CITY will determine its concurrence for the CONSULTANT to do additional work if
required. The CONSULTANT shall be completely responsible and liable for all mapping and
surveys required in producing the end result items called for by this TASK ORDER.
PROJECT Survey Control shall be established by the CONSULTANT on all agreements where
data is to be collected for design purposes. The horizontal and vertical survey control value shall
be determined by traverses originating from a published National Geodetic Survey (NGS) survey
control monument and terminating on a separate published National Geodetic Survey (NGS)
survey control monument, or other monumentation previously approved by the CITY. These
traverses shall be known as the primary traverses for the PROJECT.
The CONSULTANT shall use the National Oceanic and Atmospheric Administration (NOAA)
standards (NOAA Technical Report NOS88, NGS19) on all horizontal traverses. The Primary
Horizontal Traverse shall use the accuracy specifications for Traverse, Second-Order Class II
(1:20,000). The Primary Traverse deltas shall have the minimum angle observations:
1. Minimum Observations – Horizontal Angles
a. 0.2” Instrument – 6 D&R, Rejection Limit from mean 4”
b. 1” Instrument – 8 D&R, Rejection Limit from Mean 5”
c. 2” Instrument – 12 D&R, Rejection Limit from Mean 6”
d. 3” Instrument – 16 D&R, Rejection Limit from Mean 7”
2. Minimum Observations – Vertical Angles
a. All Instruments – 2 D&R, Rejection Limit from Mean 10”
Note: For prescribed circle settings see FGCC – Specifications to Support Classifications,
Standards of Accuracy, and General Specifications of Geodetic Control Surveys.
The primary traverse shall be established by conventional survey method. If the primary traverse
contains more than twelve deltas, the CITY will be consulted to determine if Polaris observation
or GPS surveys will be required. All subsequent survey data shall be collected from the adjusted
primary traverse values and reduced to State Plane. Each horizontal delta shall be located to
allow for visibility with one forward and one separate back horizontal delta and shall have a
minimum distance of 1,500 feet and a maximum distance of 3,000 feet between primary control
deltas, unless otherwise specified by the CITY in writing. All coordinates are to be on the
specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All
measured distances must be reduced to grid distances using a combined sea level and scale factor
before being used in traverse computations. The traverse closure, zone, grid factor, plus the
horizontal and vertical datums shall be noted in the project records.
The CONSULTANT shall establish Primary Horizontal Traverse monuments. No traverse
monument shall be located within 6 feet of a travel lane. The monument should be a ¾ inch
diameter, center punched, iron pin (rebar) a minimum of 2 feet long or a precast monument
placed in stable ground. It should be driven to a minimum depth of 0.30 foot below natural
ground. A primary traverse point can be set in a fixed stable concrete slab, such as approach
slabs to bridges or parking lots, only if other suitable locations are not available. The traverse
point should be a punched hole 0.01 foot in diameter, 0.02 foot in depth, with three identification
lines beginning 0.03 foot from the punch hole and extending for 0.20 foot. All primary traverse
points, within the limits of the project, should be elevated as part of the primary vertical traverse.
The CONSULTANT shall use the North American Vertical Datum (NAVD) of 1988 on all
vertical traverses. All vertical traverse points shall use specifications as required by Third-Order
National Oceanic and Atmospheric Administration (NOAA) standards (0.049 foot times the
square root of the miles distance). The maximum distance between vertical control monuments
shall not exceed 1,000 feet. All traverses shall be established by the conventional differential
leveling (spirit) method, unless otherwise approved by the CITY. A 25-foot fiberglass rod will
not be used for this vertical control.
The CONSULTANT shall establish Primary Vertical Traverse monuments. The primary vertical
traverse monuments must be established on stable topographic features i.e. culvert headwalls,
fixed concrete slabs, large hardwood trees, precast monuments. A benchmark should be set at all
major drainage structures (culverts and bridges) and road intersections throughout the PROJECT.
The benchmarks should be easily identifiable; such as a painted square cut or a nail with stamped
washer. Benchmarks should never be set in power poles, steps, manhole covers, or tops of fire
hydrants.
The primary horizontal and vertical control traverses established for the PROJECT are to be used
as the principle control for all field and photogrammetric survey activities. Evidence (closure
precision, adjustment data, field notes, data files, etc.) must be provided to document the
accuracy of both the primary horizontal and vertical traverses. These traverses shall be adjusted
to hold the published coordinates of all approved control monuments. The CONSULTANT may
use Global Positioning System (GPS) Technology as a means of establishing horizontal control
pairs which are to be used for controlling the Primary Traverse within the PROJECT. A
traditional Cadastral Traverse between these pairs will still be required. The traverse will have
the previously described spacing and visibility for the control deltas and must meet the accuracy
specifications for Traverse, Second-Order Class II (1:20,000). The horizontal and vertical control
for the PROJECT can only be established with GPS technology after receiving written approval
from the CITY. The following requirements must be met for GPS applications:
1. The GPS network for the PROJECT must consist of the following minimum
requirements:
a. For Horizontal Control, a minimum of 3 control stations shall be used and held fixed.
Of these 3 control stations, one shall have a horizontal accuracy of Order B
(1:1,000,000) or above. The control stations shall be from the National Geodetic
Reference System (NGRS) database. The control stations shall be tied to the National
Geodetic Survey (NGS) adjustment of 1994 and shall have a datum classification of
NAD83/94, unless otherwise specified by the CITY. The stations shall be located in
at least 3 quadrants (NE, NW, SE or SW) of the PROJECT and they shall encompass
the entire PROJECT. A printed or plotted schematic of the GPS network design shall
be provided to the CITY for approval prior to proceeding with the work. This
schematic shall only show the non-trivial (independent) baselines used for the least
squares adjustment of the GPS data.
b. For Vertical Control, a minimum of 5 Third Order or better control stations shall be
used and held fixed. The control stations shall be from the National Geodetic
Reference System (NGRS) database or the U.S. Geological Survey database. These
stations shall be located in all quadrants (NE, NW, SE and SW) of the PROJECT and
they shall encompass the entire PROJECT. The stations shall have a datum
classification of NAVD88, unless otherwise specified by the CITY. A printed or
plotted schematic of the GPS network design shall be provided to the CITY for
approval prior to proceeding with data collection. This schematic shall only show the
non-trivial (independent) baselines used for the least squares adjustment of the GPS
data.
2. Independent baselines in a network should not exceed 25 miles in length. However, if
only L1-code (single-frequency receivers) is being used, then collected baselines cannot
exceed 10 miles.
3. Each session's length will depend on how long 4 or more common (same) SV’s can be
tracked simultaneously. If the signal is interrupted significantly or if common satellites
are lost, then times must be increased to insure the following minimums with either Static
or Fast Static Observations with synch rate of 15 seconds for L1/L2 receivers:
• 1.0 mile to 6.0 miles 30 minutes
• 6.1 miles to 12.0 miles 45 minutes
• 12.1 miles to 16 miles 60 minutes
• 16.1 miles to 21 miles 90 minutes
• 21.1 miles to 25 miles 120 minutes
4. An elevation mask of 15 degrees shall be used when collecting all GPS data.
5. An epoch with a Position Dilution of Precision (PDOP) greater than 6.0 will not be
considered as a usable measurement.
6. Provide the CITY a Receiver Independent Exchange (RINEX) format file of the raw data
and control station data used in the GPS network.
7. Provide copies of field notes denoting the stations occupied by GPS receivers and the
beginning and ending times of occupation. Also, provide the Height of Instrument (HI)
for each GPS antenna (specifying whether it is true vertical or uncorrected), type of
receiver and antenna used, and date of occupation.
Permanent monuments (rebar) for the project should include both primary survey and centerline
control. A scaled drawing, illustrating both the primary and centerline controls for the project
should be included in the plans.
The CONSULTANT shall obtain all available plats, deeds and easements from courthouse
records of all property affected by the PROJECT. The CONSULTANT shall also contact the
Georgia DOT Office of Right of Way and the District Location Engineer to obtain any existing
Right of Way Plans and other property information that the CITY has available. The
CONSULTANT shall compile and maintain an electronic listing of all current property owners'
names and addresses and supply it with the completed data base to the CITY. This listing is to
be known as the Property Statistics Report (PSR).
The CONSULTANT shall locate all information about existing rights-of-way, property lines
(including railroads), easements, property corners, Land Lot lines, and boundaries (state, county,
and city) to be affected by the PROJECT. All right-of-way data shall be chained as 2-D
geometric chains and put into a CAiCE file format to allow for viewing in both the CITY’s
design and plotting softwares. Each right-of-way and parcel chain designation shall begin with
the prefix of the CAiCE segment currently being processed. See the GDOT’s Survey Processing
Guidelines for the feature code and attribute designations. The CONSULTANT shall collect and
assemble the right-of-way survey data as per the following:
1. For surveying deeded right-of-way:
a. Locate the centerline alignment of the road that was used to describe the deeded right-
of-way by coordinating at least two (2) points on all tangents and three (3) points on
all curves. It is very important to determine if any widening has taken place since the
deed centerline was established. If widening was not symmetrical, use available field
evidence to establish the deed centerline.
b. All existing right-of-way markers should be coordinated.
c. All existing property corners which will be used to determine the property take will
be coordinated either by field survey or by computation from a deed or plat. All
property points not directly impacting the "take" can be digitized from the deed, plat,
or tax map. The boundary for each parcel shall be chained.
d. The property data graphic MicroStation file must contain a notation, which denotes
any "right-of-way that is claimed by prescription".
2. Developing the Property/Right-of Way database for roads with deeded right-of-way:
a. The alignment of the existing road should be determined by using the tangent and
curve points from the field survey. Degrees of curves should be computed by using
the field points, and then compared to old plans, and then an appropriate degree
assigned to the curve.
b. The CITY'S right-of-way should then be set to correspond with this alignment.
c. At this point the differences between the CITY'S right-of-way and the existing right-
of-way markers and property information should be evaluated.
d. All corners and boundaries, which conflict with the right-of-way, should be projected
or terminated to conform precisely to the deeded right-of-way.
e. The parcel chain should contain the newly created points, which conform to the right-
of-way. The chain should not include any property points that conflict with this right-
of-way. These conflicting points should be retained in the data file as part of the
project records.
f. Existing right-of-way markers which conflict with the true position of the right-of-
way are not to be used in any chains but are to be retained in the data files as part of
the project records.
g. Since there will be property and right-of-way points residing in the data file, but are
not included in any chains, the designer should use caution before "plotting all
points".
h. The CONSULTANT shall create a 2-D geometric property chain for each parcel.
This chain includes all property corners (field located, computed, or digitized). The
property chain shall begin at the back station property point and progress clockwise
until the point of beginning is reached and thus illustrating a closed polygon.
i. The acreage for an existing parcel shall be given as indicated by the recorded deed or
plat. As a last resort, the computed acreage can be used. This acreage is important
because it is used in the computation of the parcel remainder.
3. For surveying non-deeded right-of-way:
a. The CONSULTANT will notify the CITY in writing that the roadway does not have a
deeded right-of-way.
b. The surveyor shall locate the centerline alignment of the road by coordinating at least
two (2) points on all tangents and three (3) points on all curves.
c. The surveyor shall coordinate the limits of the area along the roadway, which is
maintained by the CITY or by the local government (e.g., back of ditch to back of
ditch). This area may be claimed by prescription if it meets the legal requirements.
d. The surveyor is to document on a tax map, or other drawing, all areas for which the
CITY or a local government does not have deeded title.
4. Developing the Property/Right-of-Way database for non-deeded right-of-way:
a. The CONSULTANT shall create 2-D geometric property chains from the field survey
file that include all property corners (field located, computed or digitized) which
identify parcels.
b. The CONSULTANT shall create 2-D geometric chains from the field survey file that
reflect the right-of-way that is considered to have been acquired by prescription
(possession).
c. The property and right-of-way chains shall show the conflicts between the property
lines and these limits of the "claimed" (prescriptive) right-of-way.
d. The property graphic MicroStation file must contain a notation, which states that, the
"right-of-way is claimed by prescription".
The CONSULTANT shall locate all existing inlets, outlets, and any other drainage structures
(manholes, junction boxes) along the PROJECT. The CONSULTANT shall obtain top and invert
elevations (flow lines), size, direction of flow, material and condition of all existing box culverts
and other cross drains, side drains and storm and storm sewer structures.
The CONSULTANT shall identify all lakes and streams within 300 feet along the PROJECT.
Upon identification a field survey traverse for all drainage channels or streams, to a distance of
300 feet perpendicular each side of centerline along with elevations along the stream bed for
flow lines (FL) plotting shall be obtained.
The CONSULTANT shall prepare the Hydraulic Engineering Field Report as defined herein.
Drainage areas for this report will be calculated by the Designer. It is not the responsibility of the
surveyor to determine these areas. All other data requested on this report is to be completed by
the surveyor. It is preferred that the extreme high and low water information be obtained from a
long time resident in the area if possible. If none can be found, record plans or high-water mark
on the bridge piling or tree can be used to determine high-water elevation. Provide location and
floor elevation of any homes or buildings in the floodplain that have ever been flooded. This
information should be plotted on a quadrangle map or county map showing centerline plus and
offset.
The CONSULTANT shall locate and identify all existing major utility facilities including
railroads, cross country pipeline, electric transmission lines, and telecommunication lines.
The CONSULTANT shall obtain profiles for all roadways, driveways, streams and channels, and
detours as required for the design of roadways, bridges, and drainage and traffic control. This
includes precise (0.10 foot or less) longitudinal and transverse pavement profiles of all roadways
within the limits of the PROJECT that will be retained. These pavement elevations should
accurately define the edges of pavement and all breaks in the cross slope. The 3-Dimensional
pavement elevations shall be chained longitudinally and entered into the terrain database.
The CONSULTANT shall obtain ground cross sections of sufficient length to design the
PROJECT for all roadways, existing or planned, measured to an accuracy to insure calculated
quantities are usable for construction payment. Terrain data gathered for a Digital Terrain Model
(DTM) must include lines of discontinuity that define all terrain breaks and the database must
also be enhanced with random elevations that do not exceed a 150 foot grid. All terrain mapping
files gathered by full-field survey must be encompassed with a limit line that is a 3-Dimensional
“TLIML” feature limit line survey chain. The DTM data will be of such quality and
completeness as to insure that cross sections and profiles can be created to the following levels of
accuracy:
1. 0.10 foot or less for roadway surfaces
2. 0.50 foot or less for ground terrain surfaces
3. 0.02 foot or less for bridge decks, bent caps and top of rail elevations.
The CONSULTANT shall field locate all advertisement signs, commercial signs and permanent
sign structures on or near the proposed right-of-way or easements. Survey of these signs must
include location of the base and each end of the sign structure.
The CONSULTANT shall survey all existing bridges impacted by the PROJECT. This shall
require the locating of the beginning and ending bridge stations and stations of intermediate
bents along with the skew angles, determining the elevations at the centerline and left and right
gutter lines and at the bottom of the outside beams at the face of caps. For additional bridge
survey requirements see Attachment 6 – Preliminary Layout Criteria for Bridges and Walls.
The CONSULTANT shall supply, update, or expand the mapping database as required to design
the PROJECT. This shall include the locating of all topographic data affected by the Project and
the labeling of all structures as to their material type (brick, stone, wood, etc.) and usage
(residency, business name).
The CONSULTANT shall establish and stake the construction centerlines for all roadway
alignments. These centerlines shall be monumented by setting iron pins (rebar) for all PCs,
POCs, PTs, POTs and PI's without curves. The distances between these monuments should not
exceed 1,000 feet. Stationing for the centerline of all roadways shall be painted or staked on
each alignment at points no greater than 200 feet apart. Supplementary points shall be
established between all points to insure visibility of at least two points (one ahead and one back)
from any given point. Station numbers placed on paved areas shall be painted in yellow,
approximately 0.5 foot high. The painting or staking of stations shall be in place prior to the
request for PFPR and the soil survey.
The CONSULTANT shall provide a Survey Control Packet for the project. The Survey Control
Packet shall be assembled from the adjusted primary horizontal and vertical control traverses
established for the project. The data contained in the Packet shall consist of the primary
horizontal and vertical control points which will be used for all photogrammetric and field
survey activities, project design, right-of-way staking and project construction. The project
Survey Control Packet shall contain the following information in the order listed:
1. Cover sheet showing the project number, P.I. number and project description.
2. Area map showing location of project.
3. Copy of a quadrangle map with approximate location of all primary adjusted horizontal
control deltas and published horizontal monuments that was used for the project plotted
on the map.
4. Control file listing showing the following information in order listed:
a. Project No., P.I. No. and description of project.
b. Horizontal datum and zone used.
c. Scale factor used.
d. Published horizontal control monuments used.
e. Vertical datum used.
f. Published vertical control monuments used.
g. Units of measurement.
h. Point number, east coordinate, north coordinate, elevation and name or number of all
published monuments used and primary control deltas set.
5. Description sketches for each primary survey control delta set. The following shall be
noted on the sketch:
a. Control delta number.
b. Elevation.
c. North arrow.
d. Distance and direction from a minimum of three local features.
e. A “to reach” description from a permanent feature such as road intersections and
bridges over named streams, etc.
6. Copy of a quadrangle map with approximate location of all primary adjusted vertical
benchmarks established and published vertical monuments that were used for the project
plotted on the map.
7. Vertical control file listing all published monuments used and all primary vertical
benchmarks set and described, along with their adjusted elevation.
8. Description sketches for each primary benchmark set. The following shall be noted on
the sketch:
a. Benchmark number
b. Elevation
c. North arrow
d. Distance and directions from a minimum of three local features.
e. A “to reach” description from a permanent feature such as road intersections and
bridges over named streams, etc.
f. The Horizontal and Vertical accuracy requirements for the Database will be as
follows:
1. The horizontal accuracy tolerance for property, right-of-way and easements will
be 0.10 foot or less for urban areas and 0.40 foot or less for rural areas. Any
accuracy’s defined by State laws which are of a higher level for property surveys
will take precedent over these.
2. The horizontal accuracy tolerance for general topographic data will be 0.70 foot
or less.
3. The horizontal accuracy tolerance for bridge decks, bent and cap locations and top
of rails will be 0.10 foot or less.
4. The vertical accuracy tolerance for terrain points will be 0.10 foot or less for
roadway surfaces and 0.50 foot or less for ground terrain points.
5. The vertical accuracy tolerance for bridge decks, bent caps and top of rail
elevations will be 0.02 foot or less. These elevations will be measured with a
Spirit Level.
6. The determination of whether or not the plan cross sections meet accuracy
specifications will be based on field checking the elevations contained in these
cross sections.
The CITY reserves the right to adjust these specifications to address specific or special
conditions. The CITY will randomly field check the CONSULTANTS data. All accuracy checks
will be compared to the primary horizontal and vertical traverses. A determination of the
accuracy of the CONSULTANT’S work will be made by the GDOT’S District Preconstruction
Office.
In support of the field checks, the CONSULTANT will provide the following information and
materials to the CITY for checking right-of-way, terrain and survey data:
1. Terrain (Profiles and Cross Sections) as a part of the Database phase deliverables.
a. Hard copy text printouts of all alignment chains used for profiles and cross sections,
as well as a text printout of the actual end area resolution file. The text printout of the
end area resolution file should show the station number, profile elevation, and the
elevation and offset distance of each cross section reading. The consultant should use
the GDOT Compressed Endarea Report macro in CAiCE to generate this report. The
GDOT Compressed Endarea Report macro writes out an ASCII text file format that is
similar to the RDS format for distribution to Auditors and Contractors once the
project is let to construction. The GDOT Compressed Endarea Report macro format
uses much less paper when compared to the standard CAiCE Earthwork Report.
b. Paper plots at 1”=50’ of the resolved property, which is referenced in the “Survey
Processing Guidelines” as the prop.dgn. The plot will show all resolved geometric
parcel chains and the points which define the chains. Property corners found should
be illustrated with a comment of P.C.F.
c. Paper plots of all 3-D random terrain points and break lines which were used to
develop the Digital Map Models (DMM) or Digital Terrain Models (DTM) used for
obtaining cross sections and profiles.
d. Survey Control Packet as previously described in Item I Section E.
e. A printed or plotted schematic of the GPS network design. This schematic shall only
show the non-trivial (independent) baselines used for the least squares adjustment of
the GPS data.
f. A Receiver Independent Exchange (RINEX) format file of the raw data and control
station data used in the GPS network. A copy of the NGS Data Sheet for each GPS
Control point used should accompany the RINEX data for verification of control.
g. An electronic ASCII file formatted to GDOT standards containing the information
outlined in the “Georgia Department of Transportation Guidelines for Processing
Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey
Data macro in CAiCE, the files will be spaced and in the correct card column format
for the CITY.
2. Right-of-Way, submitted after the completion of Right-of-Way staking.
a. An electronic ASCII file formatted to GDOT standards containing the information
outlined in the “Georgia Department of Transportation Guidelines for Processing
Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey
Data macro in CAiCE, the files will be spaced and in the correct card column format
for the CITY.
b. OUT FILE - This file should contain a listing of all points that differ between the
ASCII electronic file and the approved plans. This list should equate which point
numbers in the Out File correspond with point numbers in the plans. Also, the file
should contain a list of all points which are not shown in the plan, such as survey
control and centerline station point numbers.
c. RIGHT-OF-WAY PLANS - Two sets of half size right-of-way plans.
d. Survey Control Packet as previously described in Item I Section E.
The CONSULTANT shall be responsible for the accuracy of all field data. The Determination
by the CITY that randomly checked points are within acceptable CITY tolerance does not mean
that all data has been accepted by the CITY as meeting agreement specifications.
DATA PROCESSING
The CONSULTANT shall process the field survey and photogrammetric mapping data in
accordance with the GDOT’S Survey Processing Guidelines. The topographic (planimetric) data
shall be provided in a 2-D MicroStation DGN file format and the terrain data shall be provided in
a CAiCE SRV file format. These formats must be compatible with the GDOT'S design system
software. The consulting firm that provides the property, drainage and field topography data
shall be responsible for processing this data and assembling the final database.
UTILITIES
The CONSULTANT shall perform Subsurface Utility Engineering (SUE) Investigations in
accordance with: Scope of Services for Subsurface Utility Investigations. This document is
available online at:
http://www.dot.state.ga.us/doingbusiness/utilities/sue/Pages/default.aspx
GEOTECHNICAL
The CONSULTANT shall perform soil survey investigations, bridge foundation investigations,
and retaining wall investigations, as required, in accordance with the Guidelines for
Geotechnical Studies, current edition. This document is available online at:
http://www.dot.state.ga.us/doingbusiness/Materials/qaqc/Pages/default.aspx
CONSULTANT DELIVERABLES FOR PHASE IV – DATABASE PREPARATION
1. A Project Survey Control Packet illustrating the primary horizontal and vertical control
traverses established for the PROJECT. The traverse closure, state plane projection zone,
grid factor, plus the horizontal and vertical datums shall be noted in this packet. Evidence
(closure precision, adjustment data, field notes, data files, etc.) must be provided to document
the accuracy of both the primary horizontal and vertical traverses. The CONSULTANT may
use Global Positioning System (GPS) Technology as a means of establishing horizontal
control pairs which are to be used for controlling the Primary Traverse within the PROJECT;
however a traditional Cadastral Traverse between these GPS pairs will still be required.
2. An electronic listing of all current property owners' names and addresses. This listing is to
be known as the Property Statistics Report (PSR). The PSR will relate the 2-D geometric
parcel chains in the CAiCE electronic database to the county tax records obtained from the
property and deed research.
3. Electronic and paper copy of the Hydraulic Engineering Field Report.
4. Hard copy text printouts of all alignment chains used for profiles and cross sections, as well
as a text printout of the actual end area resolution file. The text printout of the end area
resolution file should show the station number, profile elevation, and the elevation and offset
distance of each cross section reading. The Consultant shall use the Georgia Department of
Transportation’s CAiCE VBA Macro called GDOT Compressed End area Report to extract
the information and print it into a Standard format. The macro writes out a CAiCE End area
file to an ASCII text file format that is similar to the RDS format for distribution to Auditors
and Contractors when a project is let to Construction. This format uses much less paper when
compared to the standard CAiCE Earthwork Report.
Note: A small font will need to be used to print the report without 'wrapping'.
The compressed format for the resulting output file is shown below. The example reflects
data at one station.
STA. 2+50.000 EXISTING SURFACE
ELEV DIST ELEV DIST ELEV DIST ELEV DIST
874.7 -43.61 876.53 -42.95 879.13 -38.58 878.92 -36.75
879.01 -31.58 878.45 -29.18 878.75 -27.86 879.33 -22.74
880.47 -13.61 880.53 -7.99 880.60 6.32 880.45 13.72
877.89 35.94 877.06 37.40 877.44 38.30 881.01 47.35
881.42 59.03 881.60 59.67 883.72 67.48 883.59 71.35
882.47 95.30 881.96 105.31
5. Hard copies of all survey data gathered on all existing bridges impacted by the PROJECT.
6. Paper plots at 1”=50’ of the resolved property, which is referenced in the Section X – Survey
Data (DGN) Files page 52 in the Georgia Department of Transportation’s Survey Processing
Guidelines as the prop.dgn. The plot will show all resolved geometric parcel chains and the
points which define the chains. Property corners found should be illustrated with a comment
of P.C.F. and the type of material found.
7. Paper plots at a maximum scale of 1”=100’ of all 3-D random terrain points and break line
which were used to develop the Digital Map Models (DMM) or Digital Terrain Models
(DTM) used for obtaining cross sections and profiles.
8. An electronic ASCII file. The ASCII file is an electronic file that can easily be generated
from CAiCE. Section 7 - Additional Files - page 65 in the Georgia Department of
Transportation’s Guidelines for Processing Design Data in CAiCE illustrate the proper
procedures for writing out data from CAiCE into the electronic format the CITY is
requesting.
9. If Global Positioning System (GPS) Technology was utilized, a printed or plotted schematic
of the GPS network design. This schematic shall only show the non-trivial (independent)
baselines used for the least squares adjustment of the GPS data.
10. If Global Positioning System (GPS) Technology was utilized, a Receiver Independent
Exchange (RINEX) format file of the raw data and control station data used in the GPS
network. A copy of the NGS Data Sheet for each GPS Control point used should accompany
the RINEX data for verification of control.
11. Copies of the field survey checks performed as a measure of accuracy of the mapping.
12. Electronic mapping (photogrammetric & field contact surveys) and related data that is
formatted to be compatible with the CITY'S design softwares. The finished maps and all
related items or products shall become the property of the CITY and shall be delivered in
accordance with the terms of this agreement.
13. All information and material provided to the CONSULTANT by the CITY shall also be
returned at the completion of the agreement. The CONSULTANT shall also be prohibited
from retaining, either for its own use or sale to others, copies of mapping produced or any
related data produced or obtained as a result of this agreement. All mapping and terrain data
shall be delivered to the CITY on compact disks (CD).
14. Consultant/Surveyor Checklist – This checklist provides details and guidelines as an aid to
develop the deliverables, and should accompany the submittals.
15. Soil Survey Summary, Bridge Foundation Investigation, and Wall Foundation Investigation,
as required.
PHASE V - PRELIMINARY PLANS
The CONSULTANT shall prepare, and submit to the CITY for review, preliminary construction
plans in the format of the approved concept validated in Phase I (Task Order 10-SSI-07) and
using surveys and other information as gathered in Phase IV.
The CONSULTANT shall prepare by CADD (MicroStation and the most current GDOT
approved coordinate software) and submit on paper prints for review by the CITY preliminary
roadway designs in English format containing the following:
1. Proposed mathematized horizontal and vertical geometrics for roadways using AASHTO
criteria.
2. Preliminary grading plan for roadways, including cross sections of the PROJECT plotted
at 50 feet intervals, or closer in special or critical areas.
3. Retaining wall locations and wall envelopes.
4. Preliminary bridge layouts.
5. Provide hydraulic studies for Federal Emergency Management Agency floodways.
6. Drainage design developed sufficiently to ensure adequate right of way and easement is
obtained.
7. Preliminary erosion and sediment control and maintenance plans.
8. Preliminary construction sequence with emphasis on constructability, required easements,
and erosion and sediment control.
9. Preliminary earthwork quantities by stage construction.
10. Final surface typical sections.
11. Preliminary signing, marking, and signal plans with location of strain poles (traffic signal
and overhead sign) and other obstacles that may affect right of way. The CONSULTANT
shall also include any signage requirements for detour routes.
12. Preliminary driveway profiles.
13. Preliminary utility plans showing the existing locations of all utilities from information as
gathered by the CONSULTANT in Phase IV.
The CONSULTANT shall attend and participate in the Constructability Review only. Review
comments from the CITY shall be incorporated into the final plans by the CONSULTANT. The
CONSULTANT shall address all comments in writing within four weeks of receiving the
review. An updated set of plans showing that the comments from the review will not be
necessary unless the CITY considers that the comments require additional plan review.
The CONSULTANT shall prepare a Design Exception Report for any design feature that does
not meet the criteria in the current AASHTO publication (used by the GDOT), Policy on
Geometric Design of Highways and Streets and The Design Policy on Design Standards –
Interstate System, as adopted by the FHWA. The report shall be submitted to GDOT for
approval and further coordination and approval by the FHWA. The report shall contain
information and be formatted as described in the GDOT’S Plan Development Process.
The CONSULTANT shall prepare a Design Variance Report for any design feature that does
not meet GDOT standards or policy. The report shall be submitted to the CITY for approval.
The report shall contain information and be formatted as described in the GDOT’S Plan
Development Process.
CONSULTANT DELIVERABLES FOR PHASE V – PRELIMINARY PLANS
1. Plans and other items as shown on the Preliminary Field Plan Review Request Checklist
to be used for a Preliminary Field Plan Review.
2. Earthwork quantities.
3. Preliminary construction cost estimates and benefit/cost ratio.
4. FEMA and Bridge Hydraulic Studies.
5. Preliminary plans for an existing pavement evaluation.
6. Preliminary Field Plan Review report response.
7. Design Exception/Variance report(s), if applicable.
8. Traffic engineering reports for signal permit revisions, if applicable.
PHASE VI - RIGHT-OF-WAY PLANS
The CONSULTANT shall prepare preliminary right-of-way plans for the PROJECT using
information received, gathered, or produced in all phases of the PROJECT. All linear and area
units shall be in English. Parcel data table description should be placed on same sheet as parcel
or on sheet directly following parcel. Placing all data sheets in the back of the project plan set is
discouraged. Parcels shall be numbered consecutively beginning with the number one (1) and
continuing the parcel count, alternating from one side of the roadway to the other. If there are
additional parcels required, the inclusion of an alphabetical combination with the parcel number
is appropriate for an interior or beginning parcel number. The use of parcel numbers with
alphabetical combinations should not conflict with the letters that denote acquisition of
remainders (R), Wetlands (W), and signs (S). Parcel numbers shall not be changed after the
first plan submittal. The CONSULTANT shall not renumber the parcels unless specifically
instructed in writing by the CITY.
The CONSULTANT shall use the right-of-way checklist as shown in the GDOT’S Manual of
Quality Standards for Consultant Services, current edition, to complete the right of way plans.
The manual is available on-line at:
http://www.dot.state.ga.us/doingbusiness/PoliciesManuals/roads/Pages/DesignPolicies.aspx
The CONSULTANT shall submit three (3) sets of prints of the preliminary right-of-way plans to
the CITY for review and comment. The CONSULTANT shall revise the preliminary right-of-
way plans in accordance with the CITY'S comments and submit one (1) set of prints of the
revised preliminary right-of-way plans along with the previously marked up prints for the
CITY'S review and comment. This process may take three (3) or more iterations before the
preliminary right-of-way plans can be approved. Upon approval of the right-of-way plans, the
CONSULTANT shall submit two (2) sets of Mylar sepias of the approved right-of-way plans to
the CITY.
When the preliminary right-of-way plans are approved by the CITY, they will become known as
Final Right-of-Way plans. The CONSULTANT shall be responsible for ensuring that the right-
of-way and construction plans reflect the current property, property owners, topography, and
terrain data through the Final Right-of-Way plans approval. The CONSULTANT shall submit to
the CITY in an electronic format MicroStation files and the most current GDOT approved
version of CAiCE data files for the CITY'S use.
The CONSULTANT shall stake all existing and required rights-of-way and/or easement along
the entire project limits and for each parcel where right of way or easement is required upon
written “Notice to Proceed” by the CITY on this specific task. Notice to Proceed may be issued
upon the CITY’S approval of the right of way plans. Right of way staking shall be completed in
accordance with the following procedures:
A. REQUIRED RIGHT-OF-WAY POINTS Place 60 penny nails with red flagging at all
required right-of-way break points. Place 60 penny nails with blue flagging at all property
line intersections with the required right-of-way. A guard stake shall be placed next to
each point denoting the identification of the point. Red flagging shall be placed on each
guard stake.
1. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the
station and offset on the other side.
2. The maximum distance between right of way, property line, and easement stakes shall
be 250 feet. Intermediate stakes may be required to achieve the distance. The
location of the adjacent points (each side) shall be clearly visible from any given
point. Flagging may be used as required to make this possible.
B. EXISTING RIGHT-OF-WAY POINTS Wooden stakes shall be placed at all existing
right-of-way points or existing easement points. Stakes at these points shall read:
"EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and
offset on the other side. These stakes shall be flagged with white ribbon.
NOTE: Do not place nails at existing right-of-way points.
C. CONSTRUCTION EASEMENTS POINTS All easement break points shall be staked
using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall
be shown on one side of the stake and the station and offset shall be shown on the other
side. Temporary driveway easements shall also be staked.
D. STAKING ACCURACY The same survey accuracy standards apply for right-of-way
staking as are defined in the Data Base Preparation Phase. All points staked will be
based on State Plane Coordinates. No surface coordinates will be used.
The CONSULTANT shall only revise the final right-of-way plans if approved or directed by the
CITY. The CONSULTANT shall expeditiously make all changes to the final right-of-way plans
due to changes in the roadway design only if requested to do so in writing by the CITY.
CONSULTANT DELIVERABLES FOR PHASE VI – RIGHT OF WAY PLANS
1. Three or more submittals of preliminary right-of-way plans (three sets of paper prints for the
initial submission, one set of paper prints plus markups for subsequent submissions).
2. Two sets of Mylar sepias of the approved right-of-way plans.
3. Final Right of Way plans in electronic format (MicroStation files).
4. Preliminary construction plans in an electronic format (MicroStation files).
5. Electronic, most current GDOT approved version of CAiCE data file and output file
containing only the point numbers and north and east coordinates of the PROJECT'S survey
control, centerline, Right of Way and Easement points.
6. PROJECT survey control point/monument sketches.
7. Staked right-of-way
PHASE VII - FINAL DESIGN CONSTRUCTION PLANS
All final plans shall be submitted to the CITY on bond paper (with the exception of the
construction plans cover sheet and the erosion and sedimentation control plan cover sheet, both
of which shall be on mylar sepia) and in electronic format. Final construction plans shall be
arranged and indexed in the order shown in Attachment 2: Standard Specifications for the
Preparation of Roadway Construction Plans. The CONSULTANT'S services for the
construction plans shall include a minimum of the following:
1. Prepare final plan and profile sheets for the roadway, ramps, side streets, and detours as
described in Attachment 2 - Standard Specifications for the Preparation of Roadway
Construction Plans.
2. Prepare cross sections of the all PROJECT roadways, detours and ramps showing the
existing and proposed elevations at intervals of 50 feet, or closer in special or critical
areas, measured along the centerline of construction. Intermediate sections will be
required as necessary to fully clarify the intent of the plans.
3. Perform a check of roadway profiles and superelevation to insure there are no areas of
potential ponding on roadway surface.
4. Prepare detailed plan sheets for all design features requiring additional detailed design
information, including such examples as the geometrics of intersections; local street
treatment; minor structures; drainage facilities; approach slabs; appurtenances such as
utilities and details covering special problems as determined by the CONSULTANT or
the CITY and approved by the CITY.
5. Prepare special grading plans as required or requested by the CITY.
6. Design and detail fully dimensioned plans for all drainage structures.
7. Design pavement structures using the GDOT’S Asphalt Pavement Design (APD)
software for the mainline roadway and all side streets, ramps, detours, driveways, etc.
The CONSULTANT shall submit the pavement designs along with the PROJECT cover
sheet, typical sections and AADT traffic sheets for approval by GDOT.
8. Prepare final Signing, Marking, and Signal plans and quantities (including fiber optic
communications cable routing and allocation plans and quantities for traffic signal and
ATMS / ITS installations).
9. Prepare summary of quantities and detailed estimate sheets in accordance with GDOT
practice. Roadway quantities shall be summarized on a sheet by sheet basis.
10. Prepare detailed erosion control plans indicating sediment basins, and other special items
required to ensure adequate quantities to cover all stages of construction.
11. When applicable, prepare construction plans for bridges, gravity walls, and cast-in-place
retaining walls including applicable notes for stage construction.
12. Prepare a detailed construction sequence (staging plans) to indicate maintenance of traffic
procedures to be utilized during construction. Plans shall show details of all detour
routings, temporary pavements, construction staging, additional erosion control as
necessary and special traffic control devices. The plans and/or specifications shall
indicate any required intermediate construction dates. Required restrictions to
construction activity or lanes shall be clearly indicated and be approved by the CITY in
writing prior to incorporation into the plans. Temporary signing, marking, and signal
plans and other traffic control details shall be included with each construction sequence.
13. Prepare final utility plans for all utilities necessary for the PROJECT. The preparation
includes the review of existing and proposed utility locations from plans furnished by
utility companies. These plans will be pencil drawings on blue line prints or electronic
data and it shall be the CONSULTANT'S responsibility to review for errors or omissions.
After reviews are complete, locations shall be incorporated electronically onto final
utility plan sheets. These sheets shall be included into the final plans. The request for
final utility relocations shall be made once all comments from the PFPR are addressed,
Right of Way plans are approved and written Notice to Proceed is given for PHASE VII.
14. Plans shall show all the necessary information as determined by the CITY, to permit
construction stake-out and to indicate and delineate details necessary for the construction
by a construction contractor.
The CONSULTANT shall prepare special provisions and supplemental specifications following
the format as outlined in GDOT'S "Standard Specifications Construction of Roads and Bridges",
current edition, and the "Supplemental Specifications," current edition, modifying, augmenting
or deleting the provisions of the Standard Specifications as required.
The CONSULTANT shall incorporate into the plans, when applicable, certain other plans
furnished by others, as specified by the CITY or as furnished by the CONSULTANT. The
incorporated plans may include but is not limited to:
1. Lighting plans
2. Landscaping plans
3. Final Bridge plans
4. Final Wall plans
5. Public utility relocation plans
6. Other work to be included in the construction agreement
7. Wetland mitigation plans
8. Borrow/waste pit location plans
The plan incorporation shall consist of indexing, numbering of sheets and including quantities on
the detailed estimate sheet.
The CONSULTANT shall prepare the final construction plans and specifications so that the
quantities and detailed estimate may be broken into separate construction agreements. The
CONSULTANT shall prepare a final detailed construction cost estimate for the PROJECT and
each construction agreement using current item costs provided by the CITY.
The CONSULTANT shall attend and participate in a Final Field Plan Review (FFPR) prior to
acceptance of the design work. The CONSULTANT shall provide the items listed on the Final
Field Plan Review Request Checklist that is contained in TOPPS 2440. The CONSULTANT
shall address all comments in the FFPR report in writing within two weeks of receiving the
approved report. FFPR comments shall be incorporated in the design plans by the
CONSULTANT before final plans are submitted.
CONSULTANT DELIVERABLES FOR PHASE VII- FINAL DESIGN CONSTRUCTION
PLANS
1. Final construction plans on both bond paper (with the exception of the construction cover
sheet and the erosion and sedimentation control cover sheet, both of which shall be on mylar
sepia) and in electronic format reflecting all R/W revisions to date. The CONSULTANT
shall ensure that all bond paper prints are clean and legible. The CONSULTANT shall use a
CD with a label. A readme.txt listing included files shall be included. No zipped files of
files that span two or more CD’s will be allowed.
2. Electronic files including earthwork and programs used for this PROJECT
3. Special provisions
4. Final detailed cost estimates
5. All marked utility plans and other utility information furnished by CITY or the Utility
companies
6. Bond paper of final plans for utility location checks
7. Plans for Final Field Plan Review and completed checklist with all required plans,
specifications etc.
8. Pavement designs for the project using GDOT’S Asphalt Pavement Design program.
9. Copies of all design calculations, notes and other information completed through all phases
of the PROJECT design
10. Plans addressing results and comments from the Final Field Plan review
Design Specifications and Guidelines
The CONSULTANT shall coordinate the proposed services with any proposed construction
plans and within the project limits. This TASK ORDER is subject to the terms and conditions of
the original AGREEMENT (RFQ #08-001) entered between the parties.
General Scope of Service:
The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S receipt
from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK will be
completed within 60 calendar days after Notice to Proceed.
The CONSULTANT shall prepare a schedule showing milestone completion dates based on
completing the WORK within 60 calendar days (hereinafter referred to as the “Schedule for
Completion”), excluding City review time. The Schedule for Completion will be revised to
reflect the actual NTP date and will be updated as required throughout the project’s duration.
Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall
submit to the City a written report which shall include, but not be limited to, a narrative
describing actual work accomplished during the reporting period, a description of problem areas,
current and anticipated delaying factors and their impact, explanations of corrective actions taken
or planned, and any newly planned activities or changes in sequence (hereinafter referred to as
“Narrative Report”). No invoice for payment shall be submitted and no payment whatsoever will
be made to the CONSULTANT until the Schedule for Completion, and the completion of
Narrative Reports are updated and submitted to the City. In no event shall payment be made by
the City to the CONSULTANT more often than once every 30 days.
The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the
status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all
correspondence, telephone conversations, and minutes of project meetings.
The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT agrees that
fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set
forth in the attached Fee Schedule, i.e. $260,059.28.
Attachments:
Attachment A – Fee Schedule
Attachment B – Phase Three
CITY OF MILTON: CONSULTANT:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
11/30/2011ATTACHMENT "A" FEE SCHEDULEPage 1 of 2Crabapple11-SSI-03Totals
2012:SS:Principal
2011:SS:PrjMgr
2012:SS:PrjMgr
2011:SS:SrEngr
2012:SS:SrEngr
2011:SS:Engineer
2012:SS:Engineer2012:SS:Tech
Totals$260,059.28$15,095.52 $2,071.68 $28,794.08 $3,927.74 $50,434.88 $1,694.52 $49,982.16 $56,716.40III Concept$22,163.94$419.32 $2,071.68 $1,837.92 $3,927.74 $1,397.44 $1,694.52 $1,315.32IV Database$48,121.16$612.64$8,390.00V Preliminary Plans$99,439.96$7,547.76 $13,171.76 $28,965.12 $24,552.64 $24,331.00VI Right of Way Plans$19,536.82$2,096.60 $3,063.20 $5,081.60 $4,384.40 $4,530.60VII Final Plans$70,797.40$5,031.84 $10,108.56 $14,990.72 $19,729.80 $19,464.80
11/30/2011ATTACHMENT "A" FEE SCHEDULEPage 2 of 2Crabapple11-SSI-03TotalsIII ConceptIV DatabaseV Preliminary PlansVI Right of Way PlansVII Final Plans2012:SS:Admin
2012:SS:Reproduction
s
2012:SS:Fedex
2012:SS:SurvPrjMgr
2012:SS:PartyChief
2012:SS:InstrOp
2011:ATD:Tube_24hr
2011:ATD:TMC_4hr_1
p
2012:KT:Peer
$1,695.46 $1,300.00 $250.00 $2,825.94 $21,107.90 $14,663.00 $1,160.00 $2,340.00 $6,000.00$1,160.00 $2,340.00 $6,000.00$521.68 $2,825.94 $21,107.90 $14,663.00$521.68 $300.00 $50.00$130.42 $200.00 $50.00$521.68 $800.00 $150.00
ATTACHMENT B
[ATTACHED]
IPA, KITTELSON & ASSOCIATES, INC.
TRANSPORTATIONENGINEERING / PLAN N I N G
225 E Robinson Street, Suite 450, Orlando, FL 32801 407.540.0555 407.540.0550
September 2, 2011 Project #: 12011.p
Stantec
Kari Ward
3160 Main Street
Duluth, Georgia 30096
RE: Peer Review for Proposed Roundabouts at Birmingham Highway with McFarlin Lane
and Crabbapple Road with Crabbapple Chase Drive
We are pleased to submit the attached proposal for transportation engineering services associated
with reviewing the two proposed single -lane roundabouts at the intersections of Birmingham
Highway with McFarlin Lane and Crabbapple Road with Crabbapple Chase Drive in Fulton
County, Georgia.
Part "A" identifies our proposed scope of work for the project. This scope was developed based
on our discussions with you and our review of the current concept plan. We propose to provide
two general activities as part of this concept -level peer review: (1) initial operational analysis to
verify needed lane numbers and configurations and (2) review the Stantec horizontal design
concepts for two single -lane roundabouts and provide redline markups that illustrate findings.
We propose to conduct the work on a lump sum basis for a fee of $6,000.
Additional optional tasks have also been budgeted at your request. These include an additional
round of feasibility level review (if necessary) and a peer review of the construction plans at
FFPR. See Part "A" for more detailed information on the scopes and estimated costs.
I will serve as the Project Manager and Brian Ray, P.E. will serve as the Project Principal
providing senior review and quality assurance. Any questions of a technical or contractual nature
can be directed to either Brian or me.
Please review this proposal at your earliest convenience. If the agreement is satisfactory, please
return both signed copies. One fully executed copy will be returned for your records. Thank you
for the opportunity to propose on this project. If you have any questions please call us at (407)
540-0555.
Sincerely,
KITTELSON & ASSOCIATES, INC.
Justin Bansen, P.E.
Associate Engineer
Roundabout Peer Review
September 2, 2011
AUTHORIZATION FOR
PROFESSIONAL SERVICES
September 6, 2011
Kittelson & Associates, Inc.
315 E Robinson St, Suite 465
Orlando, FL 32801
Project #:12011
Page: 1 of 3
Stantec, with an office at 3160 Main Street, Duluth, Georgia 30096, hereby requests and
authorizes Kittelson & Associates, Inc. to perform the services as described in Part "A" - Scope of
Work to this authorization and subject to all of the provisions described in Part "B" Provisions
including the compensation as described in Part B - Sections 12 and 15.
Part A - Scope of Work
Task 1 - Concept -Level Peer Review
1. Operational Analysis
• KAI will review the operational analysis (prepared by Stantec) for the two proposed
roundabouts for design year traffic conditions (am and pm peak hours). The intent of the
review is to verify that single -lane roundabouts will provide acceptable operations at both
locations.
2. Roundabout Design Peer Review
KAI will review the horizontal design concept (which includes two single -lane roundabouts)
developed by Stantec and will provide redline markups of potential areas for design refinement.
The review will be conducted based upon the design principles outlined in NCHRP Report 672,
Roundabouts: An Informational Guide - 2nd Edition and as augmented by KAI's practical and
research experience.
1. KAI will review the horizontal design related to the following design objectives:
a. Fastest Path Speeds - KAI will verify that the proposed design meets performance
objectives for fastest path speed control.
b. Design vehicle accommodation - KAI will review the design vehicle swept path to
verify that the roundabout designs adequately accommodate the design vehicle for
each of the turning movements. Design vehicle checks will be provided by Stantec
for KAI's review
Kittelson & Associates, Inc. Orlando, Florida
Roundabout Peer Review Project #:12011
September 2, 2011 Page: 2 of 3
c. Multimodal accommodation (Pedestrian and Bicycle features)
2. As necessary, KAI will prepare one set of pencil sketch drawings over scaled base
mapping to illustrate potential improvements to address identified design issues.
3. Report and Documentation
KAI will prepare a brief bullet point memorandum to summarize key findings from Tasks 1 and
2. Redline mark-ups will be provided to illustrate any comments related to the horizontal design.
4. Coordination
KAI will participate in one phone conference call to discuss the results of the review and clarify
any questions that the project team may have with addressing the comments.
This scope does not include preparatory time (graphics and handouts) or attendance time for
any public hearings or meetings. All client requests for additional presentations and meetings
of this nature will be accommodated on a time -and -materials basis and will be considered out -
of -scope work.
Task 2 - 2nd Round of Concept -Level Peer Review
(Optional Task - Additional Authorizations Required. Estimated at $3,500)
Based upon the extent of the recommended changes from Task 1, the County may elect to have
KAI perform a 2nd round of peer review of the concept design once Stantec has completed
addressing the comments from the initial review under Task 1. KAI will perform a geometric
review of the concept design and will provide redline mark-ups identifying additional areas of
potential design refinement. Comments at this 2nd round of review are anticipated to be smaller in
scale and therefore concept sketches of potential improvements are not included in this scope of
work.
1. KAI will re -review the horizontal design related to the following design objectives:
a. Fastest Path Speeds - KAI will verify that the proposed design meets performance
objectives for fastest path speed control after addressing the 1St round of design
comments.
b. Design vehicle accommodation - KAI will review the design vehicle swept path to
verify that the roundabout designs adequately accommodate the design vehicle for
each of the turning movements after addressing the 1St round of design comments.
Design vehicle checks will be provided by Stantec for KAI's review
c. Multimodal accommodation (Pedestrian and Bicycle features)
Kittelson & Associates, Inc. Orlando, Florida
Roundabout Peer Review
September 2, 2011
Project #:12011
Page: 3 of 3
2. KAI will prepare red -line mark-ups that document design comments and identify
geometric elements that may benefit from further design refinement. KAI will prepare a
brief bullet point memorandum that summarizes key findings.
3. KAI will participate in one phone conference call to discuss the results of the review and
clarify any questions that the project team may have with addressing the comments.
Task 3 -FFPR Plan Review
(Optional Task — Additional Authorizations Required. Estimated at $5,500)
1. KAI will perform a cursory review of the FFPR plan set related to the roundabout
elements identified below. Given the later stage of the design process, the review will be
primarily focused on flagging critical issues that may affect safety or operational
performance.
a. Vertical design, drainage and typical sections;
b. Staging Plans;
c. Signing and Marking plans; and
d. Landscaping and lighting plans.
i. Stantec to provide sight -distance overlays used in developing the
landscape plans to demonstrate that the landscape plan provides adequate
intersection and stopping sight distance as outlined in NCHRP Report 672.
2. The deliverable for Task 3 will be a set of redline mark-ups of the FFPR plans to identify
potential issues. Additional clarification or comments on the redlines will be provided in a
brief bullet -point style memorandum. All deliverables will be provided in PDF format.
3. KAI will participate in one phone conference call to discuss the results of the review and
clarify any questions that the project team may have with addressing the comments.
Kittelson & Associates, Inc. Orlando, Florida
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: December 22, 2011 for the January 9, 2012 Council meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
Martin Robbins Fence Company, Inc. for Guardrail Repair on the Hopewell Road
Bridge
Background:
This agreement is to repair the guardrail on the Hopewell Road bridge over Cooper Sandy
Creek that was damaged in an accident.
Discussion:
The work to be completed under this Agreement provides for the removal and replacement of a
damaged section of guardrail on the Hopewell Road bridge over Cooper Sandy Creek. This
guardrail was damage in a traffic accident.
Staff is recommending the approval of a construction services agreement between the City of
Milton and Martin Robbins Fence Company, Inc. to provide guardrail repair services in the
amount of $3,235.00.
Legal Review:
Agreement – Paul Higbee, Jarrard & Davis on 12/14/2011
Attachments:
1. Agreement
City of Milton
CONSTRUCTION SERVICES AGREEMENT
SHORT FORM AGREEMENTS $10,000.00 OR LESS
GUARDRAIL REPLACEMENT ON HOPEWELL 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 Martin -Robbins
Fence Company, Inc. having its principal place of business at 2025 Westside Court, Snellville, Georgia 30078
(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":
EXHIBIT 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 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 the removal
of all components of the existing damaged guardrail and replace the old system with 2 posts, Type 12 Approach
anchor, and a 25 foot section of new W -beam guardrail over Cooper Sandy Creek in the vicinity of 14200 Hopewell
Rd. All work shall be completed in accordance with GDOT construction and material standards. Contractor shall
remove and dispose of all damaged component in accordance with all applicable regulations. 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 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 be based on a lump sum fee which shall not exceed $3,235.40 (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 Ci : 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 Iimited 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 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
2
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: --4 . r7cw.,.,.r fir.-- 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 S. 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. )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 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.
[SIGNATURES ON THE FOLLOWING PAGE]
3
Martin- Robbins Fence Co., Inc.
Signature: _ / �' g.
Title: 1
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Jae Lockwood, Mayor
Printed Name: f, I" jAVo.-
EXHIBIT "A"
INSURANCE CERTIFICATE
C:liant#- 145837
14MARTINROBS
ACORD-, CERTIFICATE OF LIABILITY INSURANCE
DATE
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
12/15IDD(YYYY)
12!1512011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU RER(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
ONTACT
NAME:
J. Smith Lanier & Co. -Atlanta
PHONE T7D 476-1774 PAX 7704763651
°' Ext): uc, too
11330 Lakefield Drive
MAS
5300,000
ADDRESS:
Bldg 1, Suite 106
— -
Duluth, GA 30097
CUSTOMER ID #: _
$1,000,{}_00
•$2,000,000
INSURERIS) AFFORDING COVERAGE NAIL #
INSURED
INSURER A: Westfield Insurance Company 24112
Martin Robbins Fence Co. Inc.
Hartford Accident & Indemnity 22357
2025 Westside Court
IN B:
5nellville, GA 30078
� INSURER C - -
GE N'L AGGREGATE LIMIT AP PL I E 5 PER:
INSURER D
INSURER E:
PRODUCTS - COMPIOP AGG
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
ODL
❑
POLICY EFF POLICY EXP LIMITS
POLICY NUMBER MMIDDIYYYY MMIDDIYYYY
A
LGENERAL LIABILITY
CMM5574351 011011201110110112012 EACH OCCURRENCE
a1,000,60.0_
X COMMERCIAL GENERAL LIABILITY
ED
DAMAGE TO RENTPREMISES Ea oocurrencej_
5300,000
$10,000
CLAIM 5 -MADE AI OCCUR
MED EXP (Any one person)
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PERSONAL & ADV INJURY
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UMBRELLA LIAB X OCCUR
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$115,000,000
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DESCRIPTION OF OPERATIONS tlelow
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Equipment J
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACO RD 107, Additional Ram arks Schedule, if more space is required)
Re: Job -Guardrail Replacement on Hopewell Road
CFRTIFICATF I-IOLr1FIR CANCELLATION
City of Milton
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
13000 Deerfield Parkway, Suite
Yr
ACCORDANCE WITH THE POLICY PROVISIONS.
107A
AUTHORIZED REPRESENTATIVE
Alpharetta, GA 30004
19dt-2 09 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) 1 Of1l The ACORD name and logo are registered marks of AC ORD
#S13942181Mi063469 A7_R
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "B"
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 a form provided by the city, if necessary.
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.
!1 �3 4 s.... _..
EEV 1 Basic Pilot ogram User Identification Number
r
BY: Authorized Officer or Agent Date
[Martin -Robbins Fence Co., Inc.]
II • /+
Title of Authorized Officer or Agent of Contractor
�d+�[ x S � • I��tia�e�
Printed Name of Authorized Officer or Agent 14
SUBSCRIBED AND SWORN �Q
B FORE ME ON IS THE w G�M�-`
27AY OF �, :! �:— , 2a1, =j`'
— —
Notary Public
My Commission Expires: Notary Public, Vwirinoir, !. ounty, Georgia
My Commission Expires April 16, 2013
G'1
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on December 22, 2011 for the January 9, 2012 Regular Council
Meeting
Agenda Item: Approval of a Memorandum of Agreement between the City of Milton and the
Fulton County Soil and Water Conservation District.
Background:
Milton was certified as a “Local Issuing Authority” for land disturbing permits by EPD on
November 7, 2007. At that time Milton demonstrated that it had adopted the appropriate
ordinances and possessed qualified staff that were authorized to perform enforcement
measures necessary to comply with Georgia’s Erosion and Sedimentation Act. Upon requesting
full permit authority the City has undergone multiple overviews by the Fulton County Soil and
Water Conservation District where they evaluated staff qualifications, record keeping,
enforcement, site compliance and plan review. The District is now ready to issue an MOA to the
City.
Discussion:
Communities that wish to control as much off the permitting process as possible seek to obtain
an MOA. The MOA essentially grants the community the ability to approve erosion control plans
without State intervention. This makes the development process more streamlined and the
control of the permitting process remains with the community. Staff believes that entering into
an agreement with the Fulton County Soil and Water Conservation District will reduce the work
load and will benefit Department and the City.
Funding and Fiscal Impact
There will be no additional costs associated with this agreement.
Legal review:
Paul Higbee, Jarrard & Davis on December 19, 2011
Attachments:
“Exhibit A”
MEMORANDUM OF AGREEMENT
BETWEEN
THE FULTON COUNTY SOIL AND WATER CONSERVATION DISTRICT
AND
THE CITY OF MILTON OF FULTON COUNTY, GEORGIA
This Memorandum of Agreement entered into between the Fulton County Soil and
Water Conservation District, hereinafter referred to as the "District" and the City of Milton,
hereinafter referred to as the City.
WHEREAS, the City has adopted an erosion and sedimentation control ordinance
governing land -disturbing activities, which ordinance meets or exceeds the standards,
requirements and provisions of the Erosion and Sedimentation Act of 1975, Ga. Laws 1975, p.
994, as amended to date of execution of this agreement; and
WHEREAS, the City has been certified by the Director of the Environmental Protection
Division as an issuing authority for purposes of the Erosion and Sedimentation Act of 1975, as
amended; and
WHEREAS, the City has demonstrated to the District its capabilities to review and
approve erosion and sediment control plans and has requested an agreement with the District
to conduct such review and approval; and
WHEREAS, the District enters into this agreement with the intent of allowing the City to
conduct the review and approval of erosion and sediment control plans without referring the
applications and plans to the District, in compliance with Section 7(d) of the Erosion and
Sedimentation Act of 1975, as amended; and
WHEREAS, both parties to this agreement, the District and the City, understand that
this Agreement cannot be effective until the State Soil and Water Conservation Commission
gives its written concurrence hereto, as indicated by execution of this document;
NOW THEREFORE, the parties to this Agreement, the District and the City, based on
the mutual considerations as set forth below, hereby agree as follows;
I. 1. The City shall conduct technical review and approval of erosion and sediment
control plans in accordance with standards set forth in the ordinance of the City. The City
shall take appropriate steps to assure that approved plans are properly installed and
maintained and that all measures and practices are in compliance with the City's erosion and
sedimentation control ordinance.
2. The City shall submit to the District on a quarterly basis a report of the erosion and
sediment control program. The report shall contain the number of plans reviewed and the
overall program status. The report shall be submitted on a timely basis and of a form and
content that is acceptable to the District and to the City.
3. The City shall keep the District informed of land -disturbing plans that might affect
soil and water conservation.
4. The City shall maintain a system of records, plans, applications, etc., of all actions
taken under this Agreement, and shall make such records available to the District or its
representative upon request.
It. 1. The District will allow the City to conduct the review and approval of erosion and
sediment control plans without the necessity of referring the application and plan to the
District, so fang as the City complies with the conditions specified in this Agreement.
2. The District will review and carefully consider the reports submitted by the City and
shall make recommendations with regard to the adequacy of the program and its compliance
with the Erosion and Sedimentation Act of 1975, as amended.
3, The District shall provide the City with expertise available through the District and
through memoranda of agreement between the District and other agencies_
4. The District assures that erosion and sediment control assistance shall continue to
be a priority item of the District program.
5. The District shall, upon request, provide or conduct informational and educational
programs to train individuals charged with review of erosion and sediment control plans,
manpower and funding permitting.
6, The District shall provide to the City an annual evaluation of the effectiveness of its
erosion and sediment control program.
III. It is mutually understood and agreed as follows:
1. This memorandum shall not be amended without consent of both parties and
concurrence of the State Soil and Water Conservation Commission.
2. The City's files of erosion and sediment control plans and actions shall remain
accessible to the District.
3, The District may secure additional review services before making recommendations
on the adequacy of the program of the City.
4. This memorandum may be terminated at any time by either party, upon sixty (60)
days written notice. it will terminate automatically and without written notice if the
Environmental Protection Division revokes the certification of the City's program pursuant to
Section 8 (c) of the Erosion and Sedimentation Act of 1975, as amended.
II
5. This memorandum will automatically expire after a period of 5 years unless
renewed by both parties prior to the expiration date with concurrence of the Commission
Board.
6. This memorandum shall be effective on the date of the concurrence herewith by the
Georgia Soil and Water Conservation Commission.
Sworn to and subscribed before me City of Milton
This — day of , 20
By:
Notary Public
Title:
My commission expires:
Sworn to and subscribed before me
This ' ` day of 20_r�_
Fulton County Soil & Water Conservation District
Bv:_
Notary Pu is Title:
My commission expires: ..... �•.
F
�
xCr • 5 kp� ti
:❑
LJULy
This memorandum is hereby concurred in by the
Georgia Soil and Water Conservation Commission this day of _ 20
Georgia Soil and Water Conservation
Sworn to and subscribed before me Commission
This day of , 20
Notary Public
My commission expires:
3
Title:
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: January 9, 2012 Council Meeting
Agenda Item: Approval of a Professional Services Agreement between Davenport & Company,
LLC and the City of Milton for the Purpose of Providing Financial Advisory
Services
Background:
With the pending construction of a public safety complex and other future capital improvement
projects, the City has reached the point where it is beneficial to secure the services of a financial
advisor.
Discussion:
On October 31, 2011, a Request for Qualifications (RFQ) was issued seeking responses from
financial advisors to provide a long-term debt issuance plan for the City and to assist the City
with the most immediate need of securing debt to fund the construction of the public safety
complex. Three firms replied to the RFQ: The PFM Group, Morgan Keegan, and Davenport &
Company, LLC. After reading through the responses and meeting with each of the firms, it was
determined that Davenport & Company would best meet the City’s needs.
Attachments:
The agreement including the firm’s response to the RFQ.
Concurrent Review:
Ken Jarrard, Attorney
Chris Lagerbloom, City Manager
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 Davenport & Company LLC, a Virginia limited liability company ("Firm"), collectively referred to as the
"Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain Firm to provide certain services generally described as financial advisory services (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 Firm has represented that it is qualified by training and experience to perform the Work; and
WHEREAS, the Firm 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;
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1. Scope of Services
The Contractor agrees to provide the Work and comply with all requirements specified in the RFQ, a copy of which is
attached hereto as Exhibit “A” and incorporated herein by reference, and provide the Work as may additionally be specified
in the Firm’s Statement of Qualifications attached hereto as Exhibit “B” and incorporated herein by reference, in accordance
with the terms and conditions of this Agreement. In the event of any conflict among the terms of Exhibits “A” and “B,” that
term that operates most to the benefit of the City, as determined by the City in its sole discretion, shall govern.
1.2. Schedule, Completion Date, and Term of Agreement
The Agreement term is for a period of five (5) years from the effective date. The initial term of this Agreement shall be for
one (1) year from the effective date with automatic annual renewals, unless terminated earlier in accordance with the
termination provisions of this contract. Additional renewals of this Agreement, by mutual agreement of both parties, may be
made at one-year intervals or any interval that is advantageous to the City, not to exceed a total of two (2) years, at the option
of the City.
2. WORK CHANGES
2.1. 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 Firm 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 Firm shall proceed with the changed work.
1
2.2. 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 Firm.
2.3. 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 3.2 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.
3. COMPENSATION AND METHOD OF PAYMENT
3.1. City agrees to pay the Firm for the services performed and costs incurred by Firm 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 Firm 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 Firm within thirty (30) days after approval of the invoice by City
staff.
3.2. The compensation for services performed shall be as described in Exhibit “B.”
3.3. 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.
4. COVENANTS OF FIRM
4.1. Expertise of Firm
Firm 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 Firm
under this Agreement.
4.2. Budgetary Limitations
Firm agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Firm’s
profession and industry. Firm shall take no calculated risk in the performance of the Work. Specifically, Firm agrees that,
in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals
of Firm’s profession and industry, Firm will give written notice immediately to the City.
4.3. City’s Reliance on the Work
The Firm acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Firm
and that; therefore, the City bears no responsibility for Firm’s services performed under this Agreement. The Firm
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 Firm’s performance. Firm further agrees that
no approval of designs, plans, or specifications by any person, body or agency shall relieve Firm of the responsibility for
adequacy, fitness, suitability, and correctness of Firm’s professional and industry standards or for performing services under
this Agreement in accordance with sound and accepted professional and industry principals.
4.4. Firm’s Reliance of Submissions by the City
Firm must have timely information and input from the City in order to perform the services required under this Agreement.
Firm is entitled to rely upon information provided by the City, but Firm shall be required to provide immediate written
2
notice to the City if Firm knows or reasonably should know that any information provided by the City is erroneous,
inconsistent, or otherwise problematic.
4.5. Firm’s Representative
Robert Morrison and Walter Goldsmith shall jointly or individually be authorized to act on Firm’s behalf with respect to the
Work as Firm’s designated representatives.
4.6. Assignment of Agreement
The Firm 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 Firm shall be solely responsible for
reimbursing them and the City shall have no obligation to them.
4.7. Responsibility of Firm and Indemnification of City
The Firm covenants and agrees to take and assume all responsibility for the services rendered in connection with this
Agreement. The Firm 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. Firm 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 Firm,
any subcontractor, anyone directly or indirectly employed by the Firm or subcontractor or anyone for whose acts the Firm 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 Firm, any subcontractor, anyone directly or indirectly
employed by the Firm or subcontractor or anyone for whose acts the Firm 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 Firm 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.
4.8. Independent Contractor
Firm 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 Firm 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 Firms, 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
Firm 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 Firm as to the
details of the services to be performed by Firm or to exercise a measure of control over such services will be deemed to
mean that Firm shall follow the directions of the City with regard to the results of such services only.
4.9. Insurance
4.9.1. Requirements:
The Firm 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 Firm, 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.
4.9.2. Minimum Limits of Insurance:
Firm shall maintain limits no less than:
3
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 Firm'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.
4.9.3. Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by the City.
4.9.4. 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 Firm; products and completed
operations of the Firm; premises owned, leased, or used by the Firm; automobiles owned, leased,
hired, or borrowed by the Firm. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
ii. The Firm'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 Firm'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 Firm'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 Firm 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 Firm 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.
4.9.5. Acceptability of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A.
4.9.6. Verification of Coverage:
Firm 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 Firm'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 Firm shall provide proof that any expiring coverage
has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage.
4
4.9.7. Subcontractors:
Firm 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.
4.9.8. Claims-Made Policies:
Firm shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under
the Agreement, whichever is later.
4.9.9. 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.
4.10. Employment of Unauthorized Aliens Prohibited
4.10.1. 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 “C” and “D” 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.
4.10.2. 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.
4.10.3. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory.
4.10.4. 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 “C.”
4.10.5. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to
be in conformity with those laws.
4.11. Records, Reports and Audits
4.11.1. Records:
a. Records shall be established and maintained by the Firm 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.
4.11.2. Reports and Information:
5
Upon request, the Firm 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.
4.11.3. Audits and Inspections:
At any time during normal business hours and as often as appropriate, the City or any duly authorized
representatives shall have access to any books, documents, papers, and records of Firm that are directly pertinent to
this Agreement for the purpose of making audit, examination, excerpts, and transcripts of same.
4.12. Conflicts of Interest
Firm 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.
4.13. Confidentiality
Firm 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, Firms, and/or staff to likewise protect such
confidential information. The Firm agrees that confidential information it receives or such reports, information, opinions or
conclusions that Firm 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 Firm shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or
not.
4.14. Compliance with Laws Regulating Illegal Aliens
4.14.1. 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.
4.14.2. The Firm 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. Firm shall likewise require all
subcontractors or sub-Firms to verify the employment eligibility of all their respective employees utilizing the Basic
Employment Verification Pilot Program. Firm shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City, affirming the Firm’s compliance with this Section.
4.15. Licenses, Certifications and Permits
The Firm covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the
Firm 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 Firm under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily
expected of competent professionals.
4.16. Key Personnel
All of the individuals identified in Exhibit “B” 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 Firm’s Project Manager or members of the
project team, as listed in Exhibit “B”, without written approval of the City. Firm recognizes that the composition of this team
was instrumental in the City’s decision to award the work to Firm 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
Firm’s obligations under this Agreement and shall be grounds for termination. Firm shall not subcontract with any third
party for the performance of any portion of the Work without the prior written consent of the City. Firm shall be solely
responsible for any such subcontractors in terms of performance and compensation.
6
4.17. Authority to Contract
The Firm 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 Firm to the terms of this Agreement, if
applicable.
4.18. Ownership of Work
All reports and other materials prepared or in the process of being prepared for the services to be performed by the Firm
(“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 Firm or subcontractor upon completion or termination of the work shall be
delivered immediately to the City. The Firm 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 Firm shall replace them at its own expense.
Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Firm agrees to execute any
additional documents that may be necessary to evidence such assignment.
5. COVENANTS OF THE CITY
5.1. Right of Entry
The City shall provide for right of entry for Firm to the City of Milton, in order for Firm to complete the Work.
5.2. City’s Representative
Stacey Inglis shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative.
6. TERMINATION
6.1. For Convenience
6.1.1. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least
thirty (30) calendar days in advance of the termination date. The Firm 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 Firm within thirty (30) days of Firm
providing the City with notice of a delinquent payment and an opportunity to cure.
6.1.2. Upon termination, City shall provide for payment to the Firm for services rendered and expenses incurred prior to the
termination date.
6.1.3. Upon termination, the Firm shall: (1) promptly discontinue all services affected, unless the notice directs otherwise;
and (2) promptly deliver to the City all data, reports, summaries, and such other information and materials as may have
been generated or used by the Firm in performing this Agreement, whether completed or in process, in the form
specified by the City.
6.1.4. The rights and remedies of the City and the Firm provided in this Section are in addition to any other rights and
remedies provided under this Agreement or at law or in equity.
6.2. For Default
6.2.1. The City may, subject to the provisions of subparagraph 6.2.3 below, by written notice of default to the Firm, terminate
the whole or any part of this Agreement in any one of the following circumstances:
a. if the Firm fails to perform this Agreement within the time specified herein or any extension thereof; or
b. if the Firm 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.
6.2.2. In the event the City terminates this Agreement in whole or in part as provided in subparagraph 6.2.1 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 Firm shall be liable to the City for any excess costs for the same; provided, that the Firm shall
continue the performance of this Agreement to the extent not terminated hereunder.
6.2.3. Except with respect to defaults of subcontractors, the Firm 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 Firm Such
causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its
7
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 Firm
6.2.4. 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 Firm and the subcontractor, and without the fault or negligence of either of them, the Firm 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 Firm to meet the required delivery schedule. The term
"subcontractor" shall mean a subcontractor at any tier.
6.2.5. If, after notice of termination of this Agreement under the provisions of subparagraph 6.2.1 above, it is determined for
any reason that the Firm 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.
6.2.6. 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.
7. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Firm 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 Firm or successor or on any obligation under the
terms of this Agreement. Likewise, Firm’s performance of services under this Agreement shall not subject Firm’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 Firm or the City, respectively, and not against any employee, officer, director,
or elected or appointed official.
8. 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.
9. 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.
10. 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.
11. 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.
8
12. NOTICES
12.1. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged between Stacey Inglis for the City
and Robert Morrison or Walter Goldsmith for the Firm.
12.2. 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:
Finance Director
City of Milton
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
NOTICE TO THE FIRM shall be sent to:
13. 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.
14. 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.
15. FORCE MAJEURE
Neither the City nor Firm 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 FIRM; (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 Firm have executed this Agreement effective as of the date the City Manager executes
this Agreement on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
9
Approved as to form:
_______________________________
City Attorney
CITY OF MILTON: CONTRACTOR:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
10
CITY OF MILTON
REQUEST FOR STATEMENT OF
QUALIFICATIONS
(THIS IS NOT AN ORDER)
RFQ Number:
RFQ 12-F01
RFQ Title:
CONSULTING SERVICES – FINANCIAL ADVISOR
RFQ Due Date and Time:
November 17, 2011 @ 2:00 p.m. local time Number of Pages: 32
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Rick Pearce
Issue Date:
October 31, 2011
City of Milton
13000 Deerfield Pkwy, Suite 107G
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Mark Face of Envelope/Package:
Bid Number: RFQ 12-F01
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
November 8, 2011 @ 5:00 p.m.
Email questions to Rick Pearce at
rick.pearce@cityofmiltonga.us
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
(Please print name and sign in ink)
Offeror Phone Number: Offeror FAX Number:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
Exhibit A - RFQ
2
OFFEROR’S RFQ CHECKLIST
The 10 Most Critical Things to Keep in Mind
When Responding to an RFQ for the City of Milton
1. _______ Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2. _______ Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFQ and is an excellent
source of information for any questions you may have.
3. _______ Attend the pre-Statement of Qualifications conference if one is offered. These conferences
provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or
to notify the City of any ambiguities, inconsistencies, or errors in the RFQ.
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 RFQ. All addenda issued for an RFQ are posted on the
City’s website and will include all questions asked and answered concerning the RFQ.
5. _______ Follow the format required in the RFQ 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’s capabilities are or what
items/services you can provide, even if you have previously contracted with the City. The
Statement of Qualifications is 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 for RFQ addenda. Before submitting your response, check the Department of
Administrative Services website at: http://doas.georgia.gov and the City website at:
www.cityofmiltonga.us to see whether any addenda were issued for the RFQ. If so, you must
submit a signed cover sheet for each addendum issued along with your RFQ response.
9. _______ Review and read the RFQ 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 Statement of
Qualifications responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror’s Response.
Exhibit A - RFQ
3
TABLE OF CONTENTS
STATEMENT OF QUALIFICATIONS LETTER .................................................................................... 5
1.0 INTRODUCTION ................................................................................................................................... 6
1.1 PURPOSE OF REQUEST ............................................................................................................................ 6
1.2 BACKGROUND ........................................................................................................................................ 6
2.0 SCOPE OF SERVICES AND GENERAL REQUIREMENTS .......................................................... 6
2.1 SCOPE OF SERVICES ................................................................................................................................ 6
2.2 BASIC GUIDELINES TO RFQ ..................................................................................................................... 7
2.2.1 Eligibility/Qualifications .......................................................................................................... 7
2.2.2 Restrictions on Communications with Staff .............................................................................. 7
2.2.2.1 Form of Questions ....................................................................................................... 8
2.2.2.2 City’s Answers ............................................................................................................. 8
2.2.3 Schedule of Events.................................................................................................................... 8
2.2.4 Examination of Documents ...................................................................................................... 8
2.2.5 Description of Requirements .................................................................................................... 8
2.2.6 Resulting Contract ................................................................................................................... 9
2.2.7 Terms and Conditions .............................................................................................................. 9
2.2.8 Acceptance of Standard Contract ............................................................................................ 9
2.2.4 Mandatory Requirements ......................................................................................................... 9
3.0 RFQ STANDARD INFORMATION ................................................................................................... 10
3.1 AUTHORITY .......................................................................................................................................... 10
3.2 OFFEROR COMPETITION ....................................................................................................................... 10
3.3 RECEIPT OF STATEMENT OF QUALIFICATIONS AND PUBLIC INSPECTION .............................................. 10
3.3.1 Public Information ................................................................................................................. 10
3.3.2 Procurement Officer Review of Statement of Qualifications .................................................. 10
3.4 CLASSIFICATION AND EVALUATION OF STATEMENT OF QUALIFICATIONS............................................ 11
3.4.1 Initial Classification of Statement of Qualifications as Responsive or Non-Responsive ........ 11
3.4.2 Determination and Responsibility .......................................................................................... 11
3.4.3 Evaluation of Statement of Qualifications .............................................................................. 11
3.4.4 Completeness of Statement of Qualifications ......................................................................... 11
3.4.5 Evaluation Committee Recommendation ............................................................................... 11
4.0 MANDATORY REQUIREMENTS .................................................................................................... 11
4.1 MINIMUM QUALIFICATIONS ................................................................................................................. 11
4.2 CITY FURNISHED PROPERTY/SERVICES ................................................................................................ 12
4.3 PLACE OF PERFORMANCE ..................................................................................................................... 12
4.4 FURNISHED ITEMS BY THE FIRM ........................................................................................................... 12
4.5 ORGANIZATION OF STATEMENT OF QUALIFICATIONS ........................................................................... 12
4.6 FAILURE TO COMPLY WITH INSTRUCTION ............................................................................................ 13
4.7 COPIES REQUIRED AND DEADLINE FOR RECEIPT OF STATEMENT OF QUALIFICATIONS ......................... 13
4.8 LATE STATEMENT OF QUALIFICATIONS ................................................................................................ 13
4.9 OFFEROR’S SIGNATURE ........................................................................................................................ 13
5.0 STATEMENT OF QUALIFICATIONS SUBMISSION AND EVALUATION .............................. 13
5.1 STATEMENT OF QUALIFICATIONS FORMAT ........................................................................................... 13
5.1.1 Title Page ............................................................................................................................... 13
5.1.2 Table of Contents ................................................................................................................... 14
5.1.3 Letter of Transmittal .............................................................................................................. 14
5.1.4 Qualifications ......................................................................................................................... 14
5.1.5 Personnel ............................................................................................................................... 14
5.1.6 Response to Scope of Services ................................................................................................ 14
5.1.7 Offeror Informational Requirements ...................................................................................... 15
5.1.7.1 References ................................................................................................................. 15
5.1.7.2 Offeror Financial Stability ........................................................................................ 15
5.1.8 Preparation of Statement of Qualifications ............................................................................ 15
Exhibit A - RFQ
4
TABLE OF CONTENTS (cont.)
5.1.9 Packaging of Statement of Qualifications .............................................................................. 15
5.1.10 Compensation ....................................................................................................................... 16
5.2 EVALUATION PROCESS ......................................................................................................................... 16
5.2.1 Phase I ................................................................................................................................... 16
5.2.1.1 Administrative Review ............................................................................................... 16
5.2.2 Phase II .................................................................................................................................. 16
5.2.2.1 Mandatory Requirements Review .............................................................................. 16
5.2.2.2 Technical Review....................................................................................................... 16
5.2.2.3 Site Visits and Oral Presentations ............................................................................. 17
5.2.2.4 Cost Evaluation ......................................................................................................... 17
5.3 SELECTION PROCESS ............................................................................................................................ 17
5.4 REJECTION OF STATEMENT OF QUALIFICATIONS/CANCELLATION OF RFQ .......................................... 17
5.5 CITY’S RIGHT TO INVESTIGATE AND REJECT ........................................................................................ 17
APPENDIX A – SCHEDULE OF EVENTS ............................................................................................. 18
APPENDIX B – CONTRACTUAL AGREEMENT................................................................................. 19
Exhibit A - RFQ
5
CITY OF MILTON
STATEMENT OF QUALIFICATIONS LETTER
We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for
Statement of Qualifications (RFQ) for which prices have been set. The price or prices offered herein shall
apply for the period of time stated in the RFQ.
It is understood and agreed that this Statement of Qualifications constitutes an offer, which when accepted in
writing by the Procurement Office, City of Milton, and subject to the terms and conditions of such acceptance,
will constitute a valid and binding contract between the undersigned and the City of Milton.
It is understood and agreed that we have read the City’s specifications shown or referenced in the RFQ and that
this Statement of Qualifications is made in accordance with the provisions of such specifications. By our
written signature on this Statement of Qualifications, we guarantee and certify that all items included in this
Statement of Qualifications 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 of Milton reserves the
right to reject any or all submittals, waive technicalities and informalities, and to make an award in the best
interest of the City.
It is understood and agreed that this Statement of Qualifications shall be valid and held open for a period of one
hundred and twenty (120) days from Statement of Qualifications opening date.
STATEMENT OF QUALIFICATIONS SIGNATURE AND CERTIFICATION
(Offeror to sign and return with Statement of Qualifications)
I certify that this Statement of Qualifications is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a Statement of Qualifications 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 Statement of Qualifications and certify that I am authorized to sign this
Statement of Qualifications for the Offeror. I further certify that the provisions of the Official Code of Georgia
Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name____________________________________________________________
Print/Type Company Name Here_______________________________________________
Exhibit A - RFQ
6
1.0 INTRODUCTION
1.1 Purpose of Request
The City of Milton (City) is seeking written statements of qualifications from qualified
consulting firms for financial advisors, hereinafter referred to as the “Firm”, to provide a long-
term debt issuance plan for the City in accordance with the terms, conditions, and specifications
contained in this Request for Qualifications (RFQ). The Firm will be a qualified financial advisor
in the public entity market and will serve as the Financial Advisor of Record.
1.2 Background
The City was incorporated on December 1, 2006 and has a population of 32,661 people. Milton
has a land area of 23,000 acres. It includes the northwest corner of Fulton County that is
bordered by Cherokee County to the north and west; Forsyth County to the east; Roswell city
limits to the southwest; and Alpharetta city limits to the south.
The FY 2012 budget for all appropriated funds totals approximately $21.9 million in revenues.
This budget funds traditional government services such as public safety, parks and recreation,
and infrastructure maintenance including repaving and traffic control systems. The General Fund
includes $4.1 million in transfers to the Capital Projects program for the expansion and
maintenance of the City’s major assets. The remaining $17.8 million in revenue is budgeted for
operations.
Milton is committed to a proven conservative approach in fiscal matters that promote the most
efficient use of the resources granted to us by our citizens and businesses. The City utilized
lease-purchase financing to acquire the initial fleet of vehicles for public safety in 2007 with the
final payment due in January 2012 and a fire engine in 2010 with a final payment due in October
2015.
Milton has been able to avoid any significant borrowing while maintaining and adding to the
City’s capital assets. In 2010 and 2011, the City purchased a small parcel of park land, a historic
building with a use that is yet to be determined, and a five-acre parcel of land for a public safety
complex. The most immediate financing needs of the City is funding for the construction of the
public safety complex, which is currently in the design phase.
2.0 SCOPE OF SERVICES AND GENERAL REQUIREMENTS
2.1 Scope of Services
The Firm shall provide financial advisory and consulting services to the City for all financing
initiated by the City during the contract period. The City’s Director of Finance shall be
designated as the City’s contact person with the Financial Advisor. The requested services are
primarily for general obligation bond sales, revenue bond sales and other miscellaneous financial
transactions as well as general financial advisory services. Such services include, but are not
limited to:
• assisting in evaluating capital funding alternatives and developing a financing plan,
• explore strategy of performing borrowings in lieu of formal bond issuance (i.e. bond
anticipation notes),
• educating staff and elected officials on current bond requirements,
• providing advice on method of sale and recommending timing of bond sales, identifying
tasks, responsibilities, and dates for completed activities leading up to a bond sale,
• designing debt structure based on input from the City,
• advise city on strategy and timing of obtaining a formal bond rating,
Exhibit A - RFQ
7
• coordinating and assisting with rating agencies,
• conducting pre-marketing of issue (competitive sale),
• evaluating bids, including accuracy of TIC calculation and recommending award
(competitive sale),
• reviewing pricing and allocation of bonds (negotiated sale),
• assisting in closing arrangements,
• providing advice on arbitrage and investment of bond proceeds where appropriate,
• working with bond counsel, auditors, engineers, staff and assist in the selection of
professionals and finance team members including the selection of negotiating
underwriters when appropriate,
• attending various City meetings relating to bond issues, and developing financial analysis
programs and computer models to be used in conjunction with the City’s financing
program.
During the term of its contract, the Firm may not serve as underwriter or swap counterparty
for any City financing. Furthermore, the Firm may not terminate their contract prematurely
for the purpose of serving as underwriter or swap counterparty for any City financing. The
City prohibits the selected Firm from engaging in activities on behalf of the City that produce
a direct or indirect financial gain for the Firm, other than the agreed-upon compensation,
without the City’s informed consent.
2.2 Basic Guidelines to the RFQ
Pursuant to the provisions of the Official Code of Georgia Annotated 50-5-67(a), the City of
Milton certifies the use of competitive sealed bidding will not be practical or advantageous to the
City in completing the acquisition of services described herein. All Statement of Qualifications
shall be evaluated in accordance with the evaluation criteria set forth in this RFQ.
2.2.1 Eligibility/Qualifications
To be eligible for award of a contract in response to this solicitation, the Firm should
demonstrate that they, or the principals assigned to the contract, have successfully
completed services, as specified in the Scope of Services section of this solicitation, and
is normally and routinely engaged in performing such services. In addition, the Firm must
have no conflict of interest with regard to any other work performed by the Firm for the
City.
The Firm should provide the City with credentials supporting their past experience,
expertise, including organization and labor/manpower, to insure satisfactory execution of
the services contained in the RFQ. The Firm should provide a list of at least five (5)
references with particular emphasis on other governmental agencies, and include clients
and past clients within the Atlanta/Fulton County area, and the number of years in
business providing these services.
2.2.2 Restrictions on Communications with Staff
From the issue date of this RFQ until the Firm is selected and the selection is announced,
Offerors are not allowed to communicate for any reason with any City staff, elected
officials, or other contractors or sub-contractors except through the Issuing Officer named
herein, or as provided by existing work agreement(s). The City reserves the right to
reject the Statement of Qualifications of any Offeror violating this provision. All
Exhibit A - RFQ
8
questions concerning this RFQ must be submitted in writing (fax or email may be used)
to the Issuing Officer. No questions other than written will be accepted. No response
other than written will be binding upon the City.
2.2.2.1 Form of Questions
Offerors with questions or requiring clarification or interpretation of any
section within this RFQ must address these questions in writing via e-mail to
the City’s Issuing Officer identified below on or before November 8, 2011.
Each question must provide clear reference to the section, page, and item in
question. The Offeror must also provide their company name. Questions
received after the deadline may not be considered.
Questions must be directed in writing to the Issuing Officer:
Rick Pearce
Procurement Manager
City of Milton
13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
(e-mail: rick.pearce@cityofmiltonga.us)
Ph.678-242-2511
Fax 678-242-2499
2.2.2.2 City’s Answers
The City will provide an official written answer to all questions received by
November 8, 2011. The City's response will be by formal written addendum.
Any other form of interpretation, correction, or change to this RFQ will not be
binding upon the City. Any formal written addendum will be posted on the
State of Georgia/DOAS website alongside the posting of the RFQ at
http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and also the City’s website at
www.cityofmiltonga.us by the close of business on the date listed. Offerors
must sign and return any addendum with their RFQ response.
2.2.3 Schedule of Events
See Appendix A for the Schedule of Events
2.2.4 Examination of Documents
It is the responsibility of each Offeror, before submitting a Statement of Qualifications, to
examine the contract documents thoroughly and consider federal, state and local laws,
ordinances, rules and regulations that may in any manner affect cost, progress,
performance or furnishing of the financial services rendered.
2.2.5 Description of Requirements
The City of Milton has established certain requirements with respect to Statement of
Qualifications/ to be submitted by Offerors.
Whenever the terms "shall", "must", "will", or "is required" are used in the RFQ, the
specification being referred to is a mandatory requirement of this RFQ. Failure to meet
any mandatory requirement will cause rejection of Offeror's Statement of Qualifications.
Exhibit A - RFQ
9
Whenever the terms "can", "may", or "should" are used in the RFQ, the specification
being referred to is a desirable and failure to provide any items so termed may not be
cause for rejection, however, may cause a reduction in score awarded.
2.2.6 Resulting Contract
This RFQ and any addenda, the Offeror’s RFQ response, including any amendments, a
best and final offer, and any clarification question responses shall be included in any
resulting contract. The City’s contract, attached as Appendix B, contains the standard
contract terms and conditions which will form the basis of any contract between the City
and the highest scoring Offeror. 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.
2.2.7 Terms and Conditions
The City reserves the right to addend, cancel or terminate the RFQ prior to the date of
Statement of Qualifications submission.
The City reserves the right to reject any and all responses.
The City reserves the right to request clarification of information submitted and to
request additional information of one or more applicants.
The City reserves the right to modify provisions to the Contractual Agreement to be
consistent with the successful Offeror’s offer and to negotiate with the successful Offeror
other additions to, deletions from, and/or changes in the language in the Contractual
Agreement, provided that no such addition, deletion or change in Contract language
would, in the sole discretion of the City affect the evaluation criteria set forth herein, or
give the successful Offeror a competitive advantage.
2.2.8 Acceptance of Standard Contract
By submitting a response to the RFQ, Offeror agrees to acceptance of the standard
contract as set out in Appendix B of this RFQ. 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 City’s
identified Issuing Officer by the date for receipt of written/emailed questions or with the
Offeror’s RFQ 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 RFQ 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 RFQ and will apply to all Offerors submitting a response to this
RFQ.
2.2.9 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 Statement of Qualifications
complies with the intent of the requirements. RFQ responses that do not meet the full
Exhibit A - RFQ
10
intent of all requirements listed in this RFQ may be subject to point reductions during the
evaluation process or may be deemed non-responsive.
3.0 RFQ STANDARD INFORMATION
3.1 Authority
This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement
option allowing the award to be based on stated evaluation criteria. The RFQ states the relative
importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the
RFQ, will be used.
3.2 Offeror Competition
The City encourages free and open competition among Offerors. Whenever possible, the City
will design specifications 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.
3.3 Receipt of Statement of Qualifications and Public Inspection
3.3.1 Public Information
All information received in response to this RFQ, including copyrighted material, is
deemed public information and will be made available for public viewing and copying
shortly after award 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
Contractor responsibility, unless prior written consent has been given by the Offeror; and
(4) other constitutional protections.
3.3.2 Procurement Officer Review of Statement of Qualifications
Upon opening the Statement of Qualifications received in response to this RFQ, the
procurement officer in charge of the solicitation will review the Statement of
Qualifications and separate out any information that meets the referenced exceptions in
Section 3.3.1 above, providing the following conditions have been met:
• Confidential information is clearly marked and separated from the rest of the
Statement of Qualifications.
• The Statement of Qualifications 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 Statement of Qualifications containing trade
secrets.
Information separated out under this process will be available for review only by the
procurement officer, 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.
Exhibit A - RFQ
11
3.4 Classification and Evaluation of Statement of Qualifications
3.4.1 Initial Classification of Statement of Qualifications as Responsive or Non-
Responsive
All Statement of Qualifications will initially be classified as either “responsive” or “non-
responsive”. Statement of Qualifications may be found non-responsive 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 RFQ; or the Statement of Qualifications is not within the plans and
specifications described and required in the RFQ. If a Statement of Qualifications is
found to be non-responsive, it will not be considered further.
3.4.2 Determination of Responsibility
The procurement officer 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 non-responsibility. If an Offeror is found non-responsible, the
determination must be in writing, made a part of the procurement file and mailed to the
affected Offeror.
3.4.3 Evaluation of Statement of Qualifications
All responsive Statement of Qualifications 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 RFQ responses in
terms of differing price, quality, and contractual factors. These scores will be used to
determine the most advantageous offering to the City. Only those that meet the evaluation
criteria will be considered as pre-qualified.
3.4.4 Completeness of Statement of Qualifications
Selection and award will be based on the Offeror’s Statement of Qualifications and other
items outlined in this RFQ. 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.
3.4.5 Evaluation Committee Recommendation
The evaluation committee will provide a written recommendation to reflect those
Offerors who met the evaluation criteria and are considered as pre-qualified to move
forward into Phase II of the project. The procurement officer will review the
recommendation to ensure its compliance with the RFQ process and criteria before
concurring in the evaluation committee’s recommendation.
4.0 MANDATORY REQUIRMENTS
4.1 Minimum Qualifications
All bidders to this RFQ must satisfy all of the minimum qualifications. Failure to satisfy the
minimum qualifications at the time the submission is made may result in the immediate rejection
of the submission. The Firm must continue to satisfy the minimum qualifications throughout the
Exhibit A - RFQ
12
term of the contract. Failure to continue to satisfy these minimum qualifications may result in
termination of the contract.
A. The minimum qualifications are:
1. Have one or more offices in Georgia at the time the submission is made and continue to
maintain at least one office in Georgia during the term of any contract awarded pursuant
to this RFQ.
2. Have valid and appropriate licenses as a financial advisory Firm, and maintain such
licenses at all times during the term of any contract awarded pursuant to this RFQ.
3. Have been in existence as a business entity for a minimum of five (5) years by January 1,
2011, performing services similar in nature to the services required in this RFQ.
B. The final contract resulting from this RFQ and Bidder’s submission will require that the Firm
be contractually liable for all subcontractors who will perform any of the work described in
the Firm’s written proposal.
C. The Firm and personnel who will perform the work described in the Bidder’s submission
must meet the criteria set forth in Section 5, Submission Requirements.
4.2 City Furnished Property/Services
The Offeror must itemize in the proposal all City property, services and assistance that will be
needed from the City to fulfill the required tasks. This will include personnel, workspace, data,
information, etc.
4.3 Place of Performance
The successful Firm shall have an office within the metro Atlanta area. All expenses incurred
with regard to the office, equipment, travel and personnel shall be the responsibility of the
successful Firm.
4.4 Furnished Items by the Firm
The Firm shall provide project updates including preparation of documentation and progress
reporting, as required. The successful Firm must specify personnel who will be preparing the
documentation.
Scheduled quarterly meetings shall be held. Prior to scheduled meetings, successful Firm shall
provide requested documentation and reports to the City’s Finance Director two days prior to the
scheduled meetings. The successful Firm must specify personnel who will attend the meetings.
4.5 Organization of Statement of Qualifications
Offerors must organize their Statement of Qualifications according to the format detailed in
Section 5 of this RFQ, with tabs separating each section. A point-by-point response to all
numbered sections, subsections, and appendices is required. If no explanation or clarification is
required in the Offeror’s response to a specific subsection, the Offeror shall indicate so in the
point-by-point response or utilize a blanket response for the entire section with the following
statement:
“(Offeror’s Name)” understands and will comply.
Exhibit A - RFQ
13
4.6 Failure to Comply with Instruction
Offerors failing to comply with these instructions may be subject to point deductions. The City
may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further
consideration any Statement of Qualifications that do not follow this RFQ format, are difficult to
understand, are difficult to read, or are missing any requested information.
4.7 Copies Required and Deadline for Receipt of Statement of Qualifications
One (1) original and four (4) copies of the Technical Statement of Qualifications and one (1)
original Cost Proposal shall be submitted to the City. The envelope must be sealed and labeled
on the exterior to clearly indicate that they are in response to RFQ #12-F01. Statement of
Qualifications and Cost Proposal must be received prior to 2:00 p.m. EST, November 17,
2011 at:
City of Milton City Hall
Procurement Office
13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
Attn: Rick Pearce
4.8 Late Statement of Qualifications
Regardless of cause, a late Statement of Qualifications will not be accepted and will
automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to
assure delivery at the receptionist's desk at the designated office by the designated time. Late
Statement of Qualifications will not be opened and may be returned to the Offeror at the expense
of the Offeror or destroyed if requested.
4.9 Offeror’s Signature
The Statement of Qualifications must be signed in ink by an individual authorized to legally bind
the business submitting the Statement of Qualifications. The Offeror’s signature on a Statement
of Qualifications in response to this RFQ guarantees that the offer has been established without
collusion and without effort to preclude the City from obtaining the best possible supply or
service. Proof of authority of the person signing the RFQ response must be furnished upon
request.
5.0 STATEMENT OF QUALIFICATIONS SUBMISSION AND EVALUATION
5.1 Statement of Qualifications Format
All Statements of Qualifications must be prepared in the standard format described below, in
order to facilitate comparison and evaluation. Failure to follow the format or address an area
adequately may cause the Statement of Qualifications to be deemed unresponsive and therefore
excluded from consideration. Any proposed deviation from the requested scope of services must
be noted and fully explained. Technical Statement of Qualifications and Cost Proposal maximum
length is thirty (30) pages.
5.1.1 Title Page
Use the first page of this RFQ as the Firm’s title page. Complete the Offeror section
where indicated.
5.1.2 Table of Contents
Exhibit A - RFQ
14
5.1.3 Letter of Transmittal
Prepare and submit a letter of transmittal briefly stating your firm’s understanding of the
work to be done and provide a positive commitment to perform the work. List the
methodology/approach planned for performing the scope of services. Include the name,
address, e-mail address, fax and telephone numbers of the primary company
representative(s) to be contacted regarding the Statement of Qualifications.
5.1.4 Qualifications
Address the following areas:
a. Organization of the Firm and how its resources can be put to work for the City.
b. Describe any innovations the Firm has developed or worked on for tax-exempt
security issues, briefly outlining the problem, your firm’s solution and the results.
c. Describe your firm’s methodology to insure compliance with all Federal and State
Municipal Debt regulations.
d. Outline your firm’s experience during the past two years with the major rating
agencies. Discuss this experience and its potential applicability to the City.
e. Please attach a recent representative example of a municipality’s Official
Statement in which you acted as the Financial Advisor.
5.1.5 Personnel
Address the following areas:
a. Individuals who would be assigned to the City. Please include brief resumes.
b. Location and availability of these individuals.
c. Availability of other personnel resources to the City.
5.1.6 Response to Scope of Services
Address those areas as indicated in Section 2.1, Scope of Services.
Please provide the following information:
a. Outline the steps in developing a financial plan and the duties of the Financial
Advisor at each step.
b. Indicate the array of support services available to the Firm. Describe how they
would be used in the formation of a financing plan and in the support of the City’s
financing program.
c. Describe the role the Firm would expect to play in evaluating financing
alternatives other than municipal bonds. What alternatives would be considered.
Describe the Firm’s experience in successfully designing and implementing
alternative financing such as lease/purchase.
d. Outline the circumstances under each method which method (competitive and
negotiated) would be preferred.
e. Describe the role the Firm would expect to play as Financial Advisor under each
of the two methods. Describe the Firm’s experience with each of the two
methods.
f. Outline the activities the Firm would undertake to facilitate the sale and marketing
of the City’s debt. The successful proposer will be excluded from acting in the
Exhibit A - RFQ
15
capacity of underwriter for any of the City’s debt issues for which it acts as
the Financial Advisor.
g. Describe the Firm’s experience with sales and marketing activities.
5.1.7 Offeror Informational Requirements
In determining the capabilities of an Offeror to perform the services specified herein, the
following informational requirements must be met by the Offeror. (Note: Each item must
be thoroughly addressed. Offerors taking exception to any requirements listed in this
section may be found non-responsive or be subject to point deductions.)
5.1.7.1 References
Offeror shall include the name, address and telephone number of at least five
(5) clients for whom services similar to those described in this RFQ have been
performed. In addition, Offeror shall provide an official statement of the most
relevant previous financing.
These references may be contacted to verify Offeror’s ability to perform the
contract. The City reserves the right to use any information or additional
references deemed necessary to establish the ability of the Offeror to perform
the conditions of the contract. Negative references may be grounds for
Statement of Qualifications disqualification.
5.1.7.2 Offeror Financial Stability
Offerors shall demonstrate their financial stability to supply, install and
support the services specified by: 1) providing financial statements, preferably
audited, for the two (2) consecutive years immediately preceding the issuance
of this RFQ, and 2) providing copies of any quarterly financial statements that
have been prepared since the end of the period reported by the Firm’s most
recent annual report.
5.1.8 Preparation of Statement of Qualifications
Each Statement of Qualifications should be prepared simply and economically, avoiding
the use of elaborate promotional materials beyond those sufficient to provide a complete
presentation. If supplemental materials are a necessary part of the technical Statement of
Qualifications, the Offeror should reference these materials in the technical Statement of
Qualifications, identifying the document(s) and citing the appropriate section and page(s)
to be reviewed.
5.1.9 Packaging of Statement of Qualifications
The Offeror’s Statement of Qualifications in response to this RFQ must be appropriately
labeled and sealed.
Mark the outside of package as follows:
(Name of Firm)
RFQ #12-F01
Technical Statement of Qualifications
Exhibit A - RFQ
16
5.1.10 Compensation
In a separate sealed envelope marked “(Name of Firm), RFQ #12-F01,
Compensation,” please explain the Firm’s proposed fee schedule for the work proposed
and for various financing alternatives. Explain how fees may differ in the cases of a
competitive versus a negotiated sale. If the Firm proposes that the City bear the costs of
incidental expenses associated with a financing, such as travel, clearly state what type of
incidental expenses the City will be expected to bear. If billing would be done on an
hourly basis, indicate the hourly rate of personnel to be assigned.
5.2 Evaluation Process
All responsive Statements of Qualifications 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 RFQ responses in terms of differing
price, quality, and contractual factors. These scores will be used to determine the most
advantageous offering to the City. Only those that meet the evaluation criteria will be considered
as pre-qualified.
5.2.1 Phase I
5.2.1.1 Administrative Review
The Statement of Qualifications will be reviewed by the Issuing Officer for
the following administrative requirements:
a. Submitted by deadline
b. Sealed Technical/Cost Submission of Statement of Qualifications
c. All required documents have been submitted
d. All documents requiring an original signature have been signed and
are included.
5.2.2 Phase II
5.2.2.1 Mandatory Requirements Review
The Statement of Qualifications which pass the administrative review will
then be reviewed by the Technical Evaluation Team to ensure all requirements
identified in Section 4.0 are addressed satisfactorily.
5.2.2.2 Technical Review
In this phase, the Technical Evaluation Team will evaluate the quality and
completeness of each technical submittal as it addresses each requirement of
the RFQ. The RFQ carries a total weight of 100 points. Technical submittals
will be evaluated and scored in categories. Each category is assigned a
maximum point value.
The following items are evaluation criteria for all qualifying submittals and
will be rated on a point basis by the Evaluation Team.
a. Experience of the firm, number of years and type of experience, as
well as specific experience in the State of Georgia (25%);
b. Professional references of present or prior entities for which the
Offeror has performed similar services (15%);
c. Responsiveness of the written Statement of Qualifications to the Scope
of Services outlined in this RFQ (20%);
Exhibit A - RFQ
17
d. Qualifications of the Offeror (30%), including:
o Organization, size and structure of the Firm;
o Qualifications of the assigned staff, education, position in the
firm and years and types of experience will be considered; and
o Location and accessibility of the Firm and of the staff to be
assigned.
e. Cost Proposal (10%).
5.2.2.3 Site Visits and Oral Presentations
The City reserves the right to conduct site visits or to invite Offerors to
present their technical solution to the Technical Evaluation Team.
5.2.2.4 Cost Evaluation
Although cost is a significant factor, it will not be the dominant factor.
5.3 Selection Process
An Evaluation Committee will evaluate all Statements of Qualifications and will select not more
than three (3) firms (the short list) for further evaluation. In the determination of the City, any of
these firms may be required to make a presentation before the Committee and the Committee
will rank the firms accordingly.
Upon ranking, the City Manager or designee will negotiate a consulting contract with the
preferred Firm. The final contract negotiated between the Firm and the City will incorporate the
contents of this Request for Qualifications for Financial Advisory Services, the Statement of
Qualifications submitted by the Firm, and any other terms or conditions that the staff in its
judgment may seek to include by way of negotiation. If the City is unable to negotiate a
satisfactory contract with the preferred Firm, the City will terminate negotiations and undertake
negotiations with the next preferred Firm and so forth until a satisfactory contract is agreed upon.
5.4 Rejection of Statement of Qualifications/Cancellation of RFQ
The City reserves the right to reject any or all Statement of Qualifications, to waive any
irregularity or informality in a Statement of Qualifications, and to accept or reject any item or
combination of items, when to do so would be to the advantage of the City. It is also within the
right of the City to reject Statement of Qualifications that do not contain all elements and
information requested in this document. The City reserves the right to cancel this RFQ at any
time. The City will not be liable for any cost/losses incurred by the Offerors throughout this
process.
5.5 City’s Right to Investigate and Reject
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.
Exhibit A - RFQ
18
APPENDIX A
SCHEDULE OF EVENTS
RFQ #12-F01
Event: Date:
Release of RFQ 10/31/11
Deadline for Written Questions 11/8/11
*Submit via E-Mail Only to Procurement Manager: rick.pearce@cityofmiltonga.us
City’s official answers on or about: 11/10/11
(Same websites as RFQ)
Qualifications Due (Opening Date) 11/17/11 @ 2:00PM.
Qualifications are due to:
City of Milton
Procurement Office
13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
RFQ #12-F01 Financial Advisory Services
Oral Presentations-if necessary (On/about) TBD
Exhibit A - RFQ
APPENDIX B
PROFESSIONAL SERVICES AGREEMENT
Reference only – subject to change
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 XXXXXXXX a Georgia Corporation, ("Firm"), collectively referred to as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain Firm to provide certain services generally described as financial advisory services (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 Firm has represented that it is qualified by training and experience to perform the Work; and
WHEREAS, the Firm 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:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1. Scope of Services
The Contractor agrees to provide the Work and comply with all requirements specified in the RFQ, a copy of which is
attached hereto as Exhibit “A” and incorporated herein, and provide the Work as may additionally be specified in the Firm’s
Statement of Qualifications attached hereto as Exhibit “B” and incorporated herein, in accordance with the terms and
conditions of this agreement. The specifications are hereby made a part of this agreement by reference.
1.2. Schedule, Completion Date, and Term of Agreement
The contract term is for a period of five (5) years from the effective date. The initial term of this contract shall be for one (1)
year from the effective date with automatic annual renewals, unless terminated earlier in accordance with the termination
provisions of this contract. Additional renewals of the contract, by mutual agreement of both parties, may be made at one-
year intervals or any interval that is advantageous to the City, not to exceed a total of two (2) years, at the option of the City.
2. WORK CHANGES
2.1. 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 Firm 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
19
Exhibit A - RFQ
20
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 Firm shall proceed with the changed work.
2.2. 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 Firm.
2.3. 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 3.2 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.
3. COMPENSATION AND METHOD OF PAYMENT
3.1. City agrees to pay the Firm for the services performed and costs incurred by Firm 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 Firm 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 Firm within thirty (30) days after approval of the invoice by City
staff.
3.2. The 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 2.3 above. The compensation for services performed shall
be based upon a XXXXX.
3.3. 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.
4. COVENANTS OF FIRM
4.1. Expertise of Firm
Firm 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 Firm
under this Agreement.
4.2. Budgetary Limitations
Firm agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Firm’s
profession and industry. Firm shall take no calculated risk in the performance of the Work. Specifically, Firm agrees that,
in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals
of Firm’s profession and industry, Firm will give written notice immediately to the City.
4.3. City’s Reliance on the Work
The Firm acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Firm
and that; therefore, the City bears no responsibility for Firm’s services performed under this Agreement. The Firm
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 Firm’s performance. Firm further agrees that
no approval of designs, plans, or specifications by any person, body or agency shall relieve Firm of the responsibility for
Exhibit A - RFQ
21
adequacy, fitness, suitability, and correctness of Firm’s professional and industry standards or for performing services under
this Agreement in accordance with sound and accepted professional and industry principals.
4.4. Firm’s Reliance of Submissions by the City
Firm must have timely information and input from the City in order to perform the services required under this Agreement.
Firm is entitled to rely upon information provided by the City, but Firm shall be required to provide immediate written
notice to the City if Firm knows or reasonably should know that any information provided by the City is erroneous,
inconsistent, or otherwise problematic.
4.5. Firm’s Representative
______________________ shall be authorized to act on Firm’s behalf with respect to the Work as Firm’s designated
representative.
4.6. Assignment of Agreement
The Firm 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 Firm shall be solely responsible for
reimbursing them and the City shall have no obligation to them.
4.7. Responsibility of Firm and Indemnification of City
The Firm covenants and agrees to take and assume all responsibility for the services rendered in connection with this
Agreement. The Firm 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. Firm 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 Firm,
any subcontractor, anyone directly or indirectly employed by the Firm or subcontractor or anyone for whose acts the Firm 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 Firm, any subcontractor, anyone directly or indirectly
employed by the Firm or subcontractor or anyone for whose acts the Firm 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 Firm 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.
4.8. Independent Contractor
Firm 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 Firm 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 Firms, 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
Firm 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 Firm as to the
details of the services to be performed by Firm or to exercise a measure of control over such services will be deemed to
mean that Firm shall follow the directions of the City with regard to the results of such services only.
4.9. Insurance
4.9.1. Requirements:
The Firm 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 Firm, its agents, representatives, employees or subcontractors. All policies shall be subject to approval
Exhibit A - RFQ
22
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.
4.9.2. Minimum Limits of Insurance:
Firm 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 Firm'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.
4.9.3. Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by the City.
4.9.4. 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 Firm; products and completed
operations of the Firm; premises owned, leased, or used by the Firm; automobiles owned, leased,
hired, or borrowed by the Firm. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
ii. The Firm'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 Firm'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 Firm'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 Firm 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 Firm 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.
4.9.5. Acceptability of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A.
4.9.6. Verification of Coverage:
Firm 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
Exhibit A - RFQ
23
endorsements shall be on a form utilized by Firm'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 Firm shall provide proof that any expiring coverage
has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage.
4.9.7. Subcontractors:
Firm 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.
4.9.8. Claims-Made Policies:
Firm shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under
the Agreement, whichever is later.
4.9.9. 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.
4.10. Employment of Unauthorized Aliens Prohibited
4.10.1. 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 “C” and “D” 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.
4.10.2. 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.
4.10.3. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory.
4.10.4. 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 “C.”
4.10.5. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to
be in conformity with those laws.
4.11. Records, Reports and Audits
4.11.1. Records:
a. Records shall be established and maintained by the Firm 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,
Exhibit A - RFQ
24
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.
4.11.2. Reports and Information:
Upon request, the Firm 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.
4.11.3. Audits and Inspections:
At any time during normal business hours and as often as appropriate, the City or any duly authorized
representatives shall have access to any books, documents, papers, and records of Firm that are directly pertinent to
this Agreement for the purpose of making audit, examination, excerpts, and transcripts of same.
4.12. Conflicts of Interest
Firm 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.
4.13. Confidentiality
Firm 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, Firms, and/or staff to likewise protect such
confidential information. The Firm agrees that confidential information it receives or such reports, information, opinions or
conclusions that Firm 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 Firm shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or
not.
4.14. Compliance with Laws Regulating Illegal Aliens
4.14.1. 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.
4.14.2. The Firm 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. Firm shall likewise require all
subcontractors or sub-Firms to verify the employment eligibility of all their respective employees utilizing the Basic
Employment Verification Pilot Program. Firm shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City, affirming the Firm’s compliance with this Section.
4.15. Licenses, Certifications and Permits
The Firm covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the
Firm 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 Firm under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily
expected of competent professionals.
4.16. Key Personnel
All of the individuals identified in Exhibit “B” 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 Firm’s Project Manager or members of the
project team, as listed in Exhibit “B”, without written approval of the City. Firm recognizes that the composition of this team
was instrumental in the City’s decision to award the work to Firm 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
Firm’s obligations under this Agreement and shall be grounds for termination. Firm shall not subcontract with any third
party for the performance of any portion of the Work without the prior written consent of the City. Firm shall be solely
responsible for any such subcontractors in terms of performance and compensation.
Exhibit A - RFQ
25
4.17. Authority to Contract
The Firm 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 Firm to the terms of this Agreement, if
applicable.
4.18. Ownership of Work
All reports and other materials prepared or in the process of being prepared for the services to be performed by the Firm
(“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 Firm or subcontractor upon completion or termination of the work shall be
delivered immediately to the City. The Firm 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 Firm shall replace them at its own expense.
Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Firm agrees to execute any
additional documents that may be necessary to evidence such assignment.
5. COVENANTS OF THE CITY
5.1. Right of Entry
The City shall provide for right of entry for Firm to the City of Milton, in order for Firm to complete the Work.
5.2. City’s Representative
Stacey Inglis shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative.
6. TERMINATION
6.1. For Convenience
6.1.1. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least
thirty (30) calendar days in advance of the termination date. The Firm 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 Firm within thirty (30) days of Firm
providing the City with notice of a delinquent payment and an opportunity to cure.
6.1.2. Upon termination, City shall provide for payment to the Firm for services rendered and expenses incurred prior to the
termination date.
6.1.3. Upon termination, the Firm shall: (1) promptly discontinue all services affected, unless the notice directs otherwise;
and (2) promptly deliver to the City all data, reports, summaries, and such other information and materials as may have
been generated or used by the Firm in performing this Agreement, whether completed or in process, in the form
specified by the City.
6.1.4. The rights and remedies of the City and the Firm provided in this Section are in addition to any other rights and
remedies provided under this Agreement or at law or in equity.
6.2. For Default
6.2.1. The City may, subject to the provisions of subparagraph 6.2.3 below, by written notice of default to the Firm, terminate
the whole or any part of this Agreement in any one of the following circumstances:
a. if the Firm fails to perform this Agreement within the time specified herein or any extension thereof; or
b. if the Firm 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.
6.2.2. In the event the City terminates this Agreement in whole or in part as provided in subparagraph 6.2.1 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 Firm shall be liable to the City for any excess costs for the same; provided, that the Firm shall
continue the performance of this Agreement to the extent not terminated hereunder.
6.2.3. Except with respect to defaults of subcontractors, the Firm 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 Firm Such
Exhibit A - RFQ
26
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 Firm
6.2.4. 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 Firm and the subcontractor, and without the fault or negligence of either of them, the Firm 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 Firm to meet the required delivery schedule. The term
"subcontractor" shall mean a subcontractor at any tier.
6.2.5. If, after notice of termination of this Agreement under the provisions of subparagraph 6.2.1 above, it is determined for
any reason that the Firm 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.
6.2.6. 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.
7. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Firm 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 Firm or successor or on any obligation under the
terms of this Agreement. Likewise, Firm’s performance of services under this Agreement shall not subject Firm’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 Firm or the City, respectively, and not against any employee, officer, director,
or elected or appointed official.
8. 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.
9. 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.
10. 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.
11. 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.
Exhibit A - RFQ
27
12. NOTICES
12.1. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged between Stacey Inglis for the City
and ___________ for the Firm.
12.2. 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:
Finance Director
City of Milton
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
NOTICE TO THE FIRM shall be sent to:
____________________________
13. 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.
14. 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.
15. FORCE MAJEURE
Neither the City nor Firm 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 FIRM; (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 Firm have executed this Agreement effective as of the date the City Manager executes
this Agreement on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit A - RFQ
28
Approved as to form:
_______________________________
City Attorney
CITY OF MILTON: CONTRACTOR:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
Exhibit A - RFQ
29
Exhibit A
(Copy of RFQ)
Exhibit A - RFQ
30
Exhibit B
(Firm’s Statement of Qualifications)
Exhibit A - RFQ
31
EXHIBIT C
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 “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 Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
XXXXXXX
_________________________________________
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:
___________________
Exhibit A - RFQ
32
EXHIBIT D
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that
the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of
contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
[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:
_________________________________________
Exhibit A - RFQ
Proposal to Provide
Financial Advisory Services to:
Milton, Georgia
November 17, 2011
RFQ Number 12‐F01
Consulting Services ‐ Financial Advisor
DAVENPORT & COMPANY LLC
Member NYSE ▪ FINRA ▪ SIPC
128 Myrtle Road
Woodstock, Georgia 30189‐1447
Phone: 678‐445‐9495
Exhibit B - Statement of Qualifications
CITY OF MILTON
REQUEST FOR STATEMENT OF
QUALIFICATIONS
(THIS IS NOT AN ORDER)
RFQ Number:
RFQ 12-F01
RFQ Title:
CONSULTING SERVICES – FINANCIAL ADVISOR
RFQ Due Date and Time:
November 17, 2011 @ 2:00 p.m. local time Number of Pages: 32
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Rick Pearce
Issue Date:
October 31, 2011
City of Milton
13000 Deerfield Pkwy, Suite 107G
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Mark Face of Envelope/Package:
Bid Number: RFQ 12-F01
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
November 8, 2011 @ 5:00 p.m.
Email questions to Rick Pearce at
rick.pearce@cityofmiltonga.us
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
(Please print name and sign in ink)
Offeror Phone Number: Offeror FAX Number:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
Davenport & Company, LLC
128 Myrtle Road
Woodstock, Georgia 30189
678-445-9495 866-932-6880
(Robert L. Morrison)
Exhibit B - Statement of Qualifications
Table of Contents
Section Tab
Transmittal Letter 1
Qualifications of Davenport & Company 2
Personnel 3
Davenport’s Approach to Financial Advisory Services 4
Informational Requirements
5
Appendices
Statement of Qualifications Certification A
Davenport & Company LLC Financial Statements B
Example Official Statement (Catoosa County School District, GA) C
Exhibit B - Statement of Qualifications
Robert L. Morrison
First Vice President
128 Myrtle Road
Woodstock, Georgia 30189
Tel: 678‐445‐9495
rmorrison@investdavenport.com
November 17, 2011
Mr. Rick Pearce, Procurement Manager
City of Milton
Procurement Office
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
Dear Mr. Pearce:
On behalf of my colleagues at Davenport & Company LLC (“Davenport”), we are pleased to respond to the Request
for Proposal to provide Financial Advisory Services to the City of Milton (the “City”). We trust that you will find
our response demonstrates that both Davenport as an institution, and more importantly, the Financial Advisory
team presented in this response, are eminently qualified to provide you all of the services necessary in a timely
manner.
A Personal Commitment – The primary team members who would serve the City on a day‐to‐day basis would be
led by Robert Morrison, a First Vice President in our Woodstock office, and Walter Goldsmith, a Senior Vice
President in our Charlotte office. The support team would include professionals in Charlotte, including Patrick
Smith and Mitch Brigulio. Additional Davenport personnel in Charlotte and Richmond, including professionals on
our firm’s underwriting desk, would be available on an as needed basis to support the City.
Approach to the Assignment – We have built our Financial Advisory practice on providing independent, unbiased
advice with unequalled service and responsiveness. As discussed in our response, this philosophy applies to all
aspects of transaction related services, but also applies to non‐transaction related services (e.g. strategic financial
planning, comprehensive funding options analysis, development/revisiting of Financial Policy guidelines and pro‐
active rating agency communications, to name just a few). The Davenport team will utilize all of its
technical/analytical resources and expertise in providing these value‐added services and developing innovative
ideas.
We believe that the following points outline why our team would best serve the City’s needs:
Experience in Georgia – In September 2011 Davenport acquired the business of Government Funding Advisory
Associates (“GFAA”), an SEC and MSRB registered municipal financial advisory firm owned by Mr. Morrison.
GFAA operated primarily in the Georgia and South Carolina marketplace for a 25‐year period as an independent
municipal financial advisor to state and local governments and 501c3 not‐for‐profit organizations. During this
period, Mr. Morrison was advisor for over $3.5 billion in long‐term capital project financings, the majority of
which were in Georgia. Prior to forming GFAA, Mr. Morrison was an investment banker based in Atlanta
specializing in tax‐exempt transactions primarily in Georgia, but also including issuers in Alabama, Florida,
North and South Carolina, Tennessee and Virginia.
Full Service Oriented Financial Advisory Approach – Our Public Finance advisory practice is founded on
the premise of providing exceptional service and building long‐term relationships with our clients. The fact
that Davenport is the last remaining independent investment banking firm in the region attests to the fact that
providing clients with unparalleled service is our number one priority. The City can look to Davenport to fulfill
its Financial Advisory needs with the same level of expertise and service. Davenport places an emphasis on
going beyond the traditional role of advising on debt issuance. We also provide revenue enhancing strategies
through investment management and public‐private financings.
Unparalleled Experience as Financial Advisors in the Mid‐Atlantic – Davenport’s Public Finance
professionals provide extensive Financial Advisory services in the Region. The professionals at Davenport have
Exhibit B - Statement of Qualifications
served on nearly 2,200 transactions aggregating over $57.6 billion as either a Senior, Co‐Manager or Financial
Advisory capacity since 1998.
Underwriting and Trading Desk – Davenport’s underwriting desk sets us apart from other financial advisory
firms. Having an underwriting desk provides us with in‐house market updates and shadow pricing indications
for the taxable and tax exempt markets.
Our team would be honored to serve the City in a Financial Advisory capacity. We welcome any opportunity to
make further presentations outlining our qualifications to serve the City in writing or in person if so desired. We
look forward to hearing from you.
Sincerely,
Robert Morrison
First Vice President
Exhibit B - Statement of Qualifications
Davenport & Company LLC
1) Qualifications of Davenport & Company
A) Organization of the Firm and how its resources can be put to work for the City.
Overview of Davenport & Company LLC:
Founded over 145 years ago, Davenport is one of the leading financial advisory firms in the southeastern region of
the United States. The firm is headquartered in Richmond, Virginia and focuses on serving clients in Georgia, South
Carolina, North Carolina, Virginia and Maryland. The firm is known throughout the region for the delivery of high
quality, specialized financial advisory services to the clients we serve. Davenport is an independent organization
owned by its employees; this independent business
model ensures we are able provide conflict free advice
to our clients.
Brokerage Office
Public Finance Office
Established: 1863
Years in Business: 147 years
Ownership: Employee Owned
Regional Offices: 19
Employees: 450+
Firm Assets: $97.5 Million
Firm Equity: $30.00 Million
Office Locations
Davenport’s Public Finance Practice operates offices
in Woodstock, GA; Charlotte, NC; Raleigh, NC;
Richmond, VA; Leesburg, VA; and Towson, MD. In
addition to these Public Finance offices, Davenport’s
Asset Management, Corporate Finance, Institutional
Sales, Research, and Fixed Income departments are
all located in the Richmond, VA headquarters.
Davenport also operates 17 retail branches.
0
Public Finance Overview
Davenport’s Public Finance practice provides Financial Advisory services to a diverse group of more than 500 public
and not‐for‐profit sector clients in the region including cities, counties, state governments, utilities, public
authorities, colleges/universities, museums, and other agencies responsible for public or not‐for‐profit activities.
We assist our clients with strategic financial planning, selection of banking service providers, project development
for revenue supported ventures, credit ratings, credit enhancement, evaluation of new financing techniques,
arrangement the private placements of securities, and arrangement public offerings. When requested, we also
provide clients with investment advice, assisting them with development of investment strategy, cash flow
forecasting, portfolio surveillance, and management of operating funds, reserves and the proceeds of bond issues.
In addition, we assist our clients in analyzing and executing a full spectrum of municipal derivative products,
including interest rate swaps, interest rate caps, and forward rate agreements.
Bond Market Trading Desk
Davenport maintains an active trading and underwriting desk. While we would not seek to provide underwriting
services to the City, we do believe our trading and underwriting desk offers the City a significant advantage over
firms without these resources. Our lead underwriter, Joe Paucke, will be available to the City to address questions
about current market conditions and investor appetite for particular transaction structures. Further, on the day of
pricing for negotiated sales, Mr. Paucke will be a part of the Davenport team helping to ensure that the interest
rates received on the City’s transaction are the most favorable rates available.
Roanoke
Lynchburg
Farmville
Danville
Charlottesville
Fredericksburg
Franklin
Williamsburg
Richmond
Towson
Norfolk
Newport News
White
Stone
Raleigh
Greensboro
Virginia
Beach
Sanford
Leesburg
Charlotte
Woodstock
PAGE | 1
Exhibit B - Statement of Qualifications
Davenport & Company LLC
B) Describe any innovations the Firm has developed or worked on for tax‐exempt security
issues, briefly outlining the problem, your firm’s solution and the results.
The bankers at Davenport are all experienced, seasoned and knowledgeable individuals with varying educational
and professional backgrounds, including Deputy State Treasurer, Certified Public Accountant, Chief Budget Officer,
Chief Financial Officer, Credit Rating Analyst, Bond Attorney, Auditor, and Verification Agent. The viewpoint of
Davenport’s Public Finance Department is and has been that public finance should be approached on a conservative
and safe basis, with special emphasis on protecting the general public as taxpayers and beneficiaries of public
borrowings. With few exceptions, almost all public finance clients of Davenport are investment grade borrowers in
the viewpoints of the major credit rating agencies, i.e., rated at or above Baa, BBB or BBB respectively by Moody’s,
Standard & Poor’s and/or Fitch. Over the years, there have been many different approaches and developments with
products either designed specifically for, or modified from the corporate finance marketplace to be used by, tax‐
exempt borrowers. The public finance professionals at Davenport are all familiar with these so‐called innovations
and products, but our approach has been and will continue to be based on conservative and universally
acknowledged safe recommendations and conservative, conventional structuring of transactions. Many transactions
have been structured for tax‐exempt borrowers that have proven to be risky and inappropriate for most
governmental borrowers. The popular and wide use of auction rate securities and derivatives are cases in point.
A specific transaction that was presented to and solved by Mr. Morrison involved a new tax increment financing
(TIF) district proposed for a major southeastern city. The TIF district had been established, but the new projects
that were under construction had not been completed or fully leased at the time the city needed its required
funding for necessary infrastructure improvements to service the TIF district. Unless certain security guarantees or
third‐party credit enhancements could be obtained, any financing would be done on a non‐rated basis, i.e., “junk
bonds”, at significantly higher interest costs, if financing could be obtained at all. Mr. Morrison recommended that
the city pledge, on a subordinated lien basis, the excess net revenues from the city‐owned water and sewer system,
with a provision that the pledge would be removed at such time as the tax increment revenues equaled 1.25x the
debt service on the TIF bonds for two consecutive years. The excess revenue pledge additionally allowed the city to
continue to borrow on a senior lien basis for system improvements when and if required on the same basis as if
there were no subordinate pledge. With this pledge in place, the city was approved for bond insurance and received
a triple‐A rating which allowed the sale of the bonds at significantly lower interest rates than would otherwise have
been available. This was the first TIF investment grade rated TIF financing done in the southeast.
C) Describe your firm’s methodology to insure compliance with all Federal and State
Municipal Debt regulations.
Davenport is registered with both the Municipal Securities Rulemaking Board (MSRB) and the Securities and
Exchange Commission (SEC). The professionals at Davenport hold and maintain the required SEC and MSRB
securities licences for municipal finance. We believe this regulatory oversight, in addition to Davenport’s internal
policies and procdures, insures compliance with the municipal debt regulations.
D) Outline your firm’s experience during the past two years with the major rating agencies.
Discuss this experience and its potential applicability to the City.
One of the most important factors in obtaining low interest rates on a borrowing begins with securing a solid credit
rating. As Financial Advisor, we place a special emphasis on ensuring that the information provided to the rating
agencies is thorough, professionally presented, and focuses appropriate attention on those factors which most
clearly support the desired rating results. The analyst in charge of the process at each agency will have clear and
compelling evidence to support our rating rationale, and will become an advocate for the appropriate rating. These
services are becoming more important as the credit markets and rating landscape continues to evolve.
PAGE | 2
Exhibit B - Statement of Qualifications
Davenport & Company LLC
Davenport will assist the City in designing and drafting a fully comprehensive credit presentation which describes
the City’s strengths in all major rating factors, including financial, demographic, and management. Furthermore, we
will utilize proprietary financial models developed for the City to optimize the financing structure for the City’s
borrowing plan and stress test the options to demonstrate the City’s resilience. In addition to the document itself,
we will assist the City in scripting the oral presentations and provide staff with potential questions from rating
analysts.
Davenport also believes the City could benefit from undertaking a peer group benchmarking study. This study
would entail the identification of common financial performance and debt management metrics utilized by the
rating agencies. Analyzing these metrics in the context of a comparative peer group would provide the City with
useful feedback for its own internal decision making, as well as with information on its comparative strengths and
weaknesses that would be helpful in shaping the message to the rating agencies.
Davenport
Role: Finanical
Advisor, 152
Davenport
Role: Other, 20
Number of Credit Upgrades Since 1998 by Role
(VA, MD, NC, SC, GA)Our comprehensive approach to the rating process has proven
to provide results time and time again. Since 1998, Davenport
has been involved with over 150 Rating Upgrades or First‐
Time Issuer Ratings. Our rating strategies, attention to detail,
proactive approach, and communication with the rating analyst
have played a major role in many of these upgrades.
Rating Upgrades to the ‘AAA’ Rating within the past 6 months
Within the past 6 months, Davenport has served as Financial Advisor to two issuers that were upgraded to the elite
‘AAA’ rating. Charleston County had previously been rated ‘AAA’ by both Moody’s and Standard & Poor’s but had
yet to receive an upgrade by Fitch into the highest rating category. Davenport worked with the County’s staff to
prepare a comprehensive rating presentation which demonstrated the economic diversity and resilient financial
management of the County during the course of a major economic downturn. The second rating upgrade was for
the City of Greenville. Prior to July 2011, the City was rated ‘AAA’ by Fitch but only ‘AA+’ / ‘Aa1’ by Standard & Poor’s
and Moody’s, respectively. Throughout the recent financial downturn, the City maintained a healthy and stable
financial position. For the rating review, Davenport and the City believed it was important for the rating analysts to
experience the downtown transformation which had taken place over the past several years and contributed to the
City’s economic success. By inviting the analysts to conduct a site visit in Greenville, the rating analysts were able to
experience firsthand the energy that downtown Greenville offers and visit with the City’s staff.
E) Please attach a recent representative example of a municipality’s Official Statement in
which you acted as the Financial Advisor.
Please see Appendix C for a recent example of an Official Statement from Catoosa County School District in which
Davenport served as Financial Advisor.
PAGE | 3
Exhibit B - Statement of Qualifications
Davenport & Company LLC
2) Personnel
A) Individuals who would be assigned to the City. Please include brief resumes.
B) Location and availability of these individuals.
Davenport has the largest and most experienced staff of public finance professionals in the region. Headed by Mr.
Robert Morrison and Mr. Walter Goldsmith, the Project Team assigned to work with the City has nearly 100 years
of combined experience in municipal finance and all principals members of the finance team are registered
securities professionals. Under our team concept, a variety of professionals within the firm, each with specialized
expertise, work together to meet the needs of a client. Mr. Morrison, based in Davenport’s Woodstock, Georgia
office, will be the primary contact for the engagement. Mr. Goldsmith is based in Davenport’s Charlotte office.
Robert L. Morrison
First Vice President
128 Myrtle Road
Woodstock, GA 30189
T. 678-445-9495
rmorrison@investdavenport.com
Experience: Mr. Morrison will serve as a primary day‐to‐day contact for the engagement from Davenport’s
Public Finance office in Woodstock. Mr. Morrison has spent his whole business career as a
specialist in tax‐exempt capital financings in Georgia and throughout the southeastern United
States. Mr. Morrison has been active in devising and implementing cost effective financing
strategies for clients, utilizing the latest financing techniques and innovations. Notable among
these financings were the following:
• Has served as the independent financial advisor to the Columbus Consolidated Government
for over 20 years for a wide variety of capital funding projects totaling over $250 million.
Included among these transactions were lease purchase bond issues utilizing
intergovernmental contracts, sales tax general obligation bonds, advance refunding bonds,
competitive and negotiated bond sales, and a taxable private placement of parking facility
revenue bonds.
• Managed the first and only underwriting for the acquisition by an individual Georgia
municipality of an undivided interest in fossil and nuclear fuel‐fired electric generating
facilities. At the time, this $125 million bond issue was the largest local government bond
issue brought to market by a Georgia municipality.
• Developed a refunding plan for the City of Atlanta, Georgia for eight outstanding water and
sewer system revenue bond issues, totaling $133 million, in a transaction designed to save the
City millions of dollars in debt service and to replace a restrictive bond indenture with a more
efficient and cost effective indenture.
• Has served as the independent financial advisor to the South Carolina State Ports Authority
for over 20 years on over $350 million in transactions which have included fixed rate and
variable rate bond issues, competitive and negotiated bond sales, interest rate swaps, and the
cash defeasance of outstanding non‐advance refundable bonds.
• Developed the plan of financing used by Egleston Children’s Hospital at Emory University in
Atlanta (now Children’s Healthcare of Atlanta) in its first venture into the tax‐exempt public
market with the issuance of $60 million in variable rate demand bonds which utilized one
credit facility and two remarketing agents; this structure resulted in an interest savings in
excess of $1.25 million during the first year of the bond issue compared to conventional fixed
rate financing. Subsequent variable rate and fixed rate bond issues totaling over $500 million
have been sold since this first issue.
• Developed a complete analysis of various funding alternatives for the Metropolitan
Government of Nashville and Davidson County, Tennessee water and sewerage system,
resulting in the design and implementation of a total restructuring of Metro's $170 million of
PAGE | 4
Exhibit B - Statement of Qualifications
Davenport & Company LLC
outstanding debt, while providing new financing in excess of $100 million. This transaction
was selected as "Deal of the Year" by Institution Investor magazine.
Education: The University of North Carolina at Chapel Hill (B.S. in Business Administration)
Emory University – Atlanta, Georgia (MBA)
Licenses Held: Registered Representative of the Financial Industry Regulatory Authority (FINRA)
‐ Municipal Securities, Series 52
J. Walter Goldsmith
Senior Vice President
401 N. Tryon Street
Floor 10
Charlotte, North Carolina 28202
T. 704.375.0550
F. 866.932.6880
wgoldsmith@investdavenport.com
Experience: Mr. Goldsmith will serve as a day‐to‐day contact for the engagement from Davenport’s Public
Finance office in Charlotte. Mr. Goldsmith provides financial advisory services to issuers of
municipal bonds in Georgia, South Carolina and North Carolina. In his role as a public
finance banker, he assists issuers in determining their available borrowing capacity, obtaining
credit ratings for their bonds, structuring bond issues, and coordinating the issuance of the
bonds. During the past ten years, Mr. Goldsmith has served as financial advisor on over $5
billion of municipal bond issues. His advisory clients have included the State of South
Carolina, the State of North Carolina, Catoosa County School District (GA), Cherokee County
Schools (GA), Charleston County (SC), the City of Greenville (SC), Florence County (SC),
Mecklenburg County (NC), the City of Charlotte (NC), the City of Winston‐Salem (NC), the
University of North Carolina General Administration, East Carolina University, the City of
Fayetteville (NC), the City of Greenville (NC), and Union County (NC), among others.
Education: Clemson University
Licenses Held: Registered Representative of the Financial Industry Regulatory Authority (FINRA)
‐ General Securities Representative, Series 7
‐ Municipal Securities, Series 52
‐ Uniform Securities Agent, Series 63
Patrick Q. Smith
Associate Vice President
401 N. Tryon Street
Floor 10
Charlotte, North Carolina 28202
T. 704.375.0550
F. 866.932.6880
psmith@investdavenport.com
Experience: Mr. Smith would serve as a secondary contact and offer technical and analytical support.
Over his career, Mr. Smith has been involved in the structuring and issuance of over $2.5
billion of municipal debt. His experience includes working with a wide range of bond and
swap transitions in Georgia, South Carolina and North Carolina. This includes long term
capital planning for numerous cities, counties, utilities, universities, hospitals, and states.
Education: Xavier University
PAGE | 5
Exhibit B - Statement of Qualifications
Davenport & Company LLC
Licenses Held: Registered Representative of the Financial Industry Regulatory Authority (FINRA)
‐ General Securities Representative, Series 7
‐ Uniform Securities Agent, Series 63
B. Mitchell Brigulio, Jr.
Vice President
One James Center
901 E Cary Street Ste 1100
Richmond, VA 232194037
T. 804.697.2903
F. 804.549.4903
mbrigulio@investdavenport.com
Experience: Mr. Brigulio will serve as an additional day‐to‐day contact and offer technical and analytical
support. Mr. Brigulio has assisted on numerous engagements including General Obligation
Bond, Limited Obligation Bond, Certificates of Participation and Revenue Bond issuance.
Education: The University of North Carolina at Chapel Hill
Licenses Held: Registered Representative of the Financial Industry Regulatory Authority (FINRA)
‐ General Securities Representative, Series 7
‐ Uniform Securities Agent, Series 63
C) Availability of other personnel resources to the City.
Joseph W. Paucke
Senior Vice President
One James Center
901 E Cary Street Ste 1100
Richmond, VA 23219-4037
T. 804.780.2063
F. 804.697.2910
jpaucke@investdavenport.com
Mr. Paucke has over 28 years of experience in trading and underwriting municipal bonds. He has specialized in
bonds in Georgia, South Carolina, North Carolina, and Virginia since joining Davenport in 1998. Mr. Paucke is in
charge of all competitive bidding for our firm as well as all secondary municipal bond trading. On the competitive
bond sales where Davenport is the Financial Advisor, Mr. Paucke assists in the drafting the bid specifications for the
Notice of Sale and provided interest rate market updates. Mr. Paucke received his undergraduate degree from
George Institute of Technology and Master's degree from George State University.
Joeseph D. Mason
Vice President
One James Center
901 E Cary Street Ste 1100
Richmond, VA 23219-4037
T. 804.697.2900
F. 804.697.2910
jmason@investdavenport.com
Mr. Mason has an extensive background in credit analysis. As a former senior executive at Fitch Ratings, his primary
focus was on general obligation, water and sewer utility, lease, and dedicated tax revenue bond ratings for local
PAGE | 6
Exhibit B - Statement of Qualifications
Davenport & Company LLC
governments in the eastern region of the U.S. While at Fitch, Mr. Mason was also the leading researcher on local
government's OPEB liability.
Robert M. High, CPA
First Vice President
Glenwood Plaza
3605 Glenwood Avenue Ste 390
Raleigh, NC 27612
T. 919.571.6547
F. 919.783.1886
rhigh@investdavenport.com
Mr. High, CPA, would serve as a support contact for the engagement from Davenport’s Public Finance office in
Raleigh. Mr. High draws upon his twenty years of experience in the North Carolina State Treasurer’s office and as
Secretary of the Local Government Commission to provide all clients with unmatched expertise relating to
advisory needs.
PAGE | 7
Exhibit B - Statement of Qualifications
Davenport & Company LLC
3) Response to Scope of Services
A) Outline the steps in developing a financial plan and the duties of the Financial Advisor at
each step.
Role of Davenport in Developing the Plan of Finance
#1 Establish the Needs of the City
From the beginning of the engagement, Davenport would provide a comprehensive review and analysis of the City’s
outstanding debt obligations. This would include an assessment and any necessary recommendations regarding the
City’s strategy in structuring debt or any other debt related products (i.e. swaps, letters of credit, or bond
insurance). In needed, Davenport will be available to the City and the City Council on any subject matter where
Davenport may be of assistance.
#2 Establish the Funding Sources for the Bonds
Once the funding sources have been identified, Davenport will work with the City to develop a comprehensive plan
of finance making use of every available funding source to ensure the revenues are available to support the debt
issuance. To show this, we create a funding financial model demonstrating the affordability of the project. This is
accomplished by outlining each source of funding and its subsequent use in the project. This may include the
repayment of debt service, additional operating expenses from a new facility, or other capital costs. This model will
also analyze various financing techniques such as interim bank loans versus long term debt.
#3 Continue to Work with Staff to Ensure Execution
We will work closely with the City’s Staff, Bond Counsel, and the Underwriter to ensure the successful issuance of
bonds. Our work will include development of the financing timeline, independent confirmation of any analytical
scenarios developed by the underwriter, coordination with bond counsel in the review of all legal documents, and
development of the Preliminary Official Statement. As the day of bond pricing approaches, we will involve our
underwriting desk to provide independent information on market conditions and structures proposed by the
underwriter. By maintaining an underwriting desk, which puts the capital of the firm at risk in the market on a
daily basis, we are able to provide a unique, real‐time understanding of movements in interest rates. This live
market data will allow the City to position itself to ensure the most effective and efficient pricing of the bonds. If
selected to serve as Financial Advisor, the knowledge and expertise of Davenport’s trading desk will be used solely
for the City’s benefit and not in an underwriting or broker‐dealer capacity. Davenport prides itself on being a long‐
term Financial Advisor. Once the bonds are sold, Davenport will continue to work with the City on any services in
which we could be of assistance.
B) Indicate the array of support services available to the Firm. Describe how they would be
used in the formation of a financing plan and in the support of the City’s financing
program.
Technical Support Resources used during Strategic Financial Planning
Perhaps there is no single area where a Financial Advisor initially can contribute more value to the client than in the
realm of strategic financial planning. As the City’s Financial Advisor, Davenport will offer access to a diverse range
of skills and financial tools to design the most effective financial solutions to the challenges you face. We place a
heavy emphasis on supporting each aspect of financial program design, strategic financial planning and financial
PAGE | 8
Exhibit B - Statement of Qualifications
Davenport & Company LLC
management efforts with thorough analytical work. Over the years we have developed numerous proprietary
software applications and analytical tools which allow us to provide our clients with a superior level of customized
analysis and information, including:
Tax Impact Analysis – The model integrates both existing obligations and future bond issuances into a model
which outlines the future tax rate impact of a proposed capital improvement plan. The model is designed to be
flexible in order to run dozens of ‘what if’ scenarios allowing the City to pursue the most beneficial. This model
identifies capacity and affordability of issuing tax supported obligations. This includes projections of debt
service and tax rate increases/decreases required to meet debt service obligations.
Debt Capacity Model – Identifies the City’s key resources and summarizes the sources and uses of funds in the
capital program together with all of the historical and projected financial ratios that are a product of expected
borrowing. This model analyzes the financial plan in the context of growth of the tax base budget growth, and
other related variables. This is the essential financial planning tool for many cities, counties, and governmental
agencies.
Debt Affordability Model – The model identifies the budgetary impact of a proposed financing(s), including
tax impacts, fund balance levels, and compliance with bond covenants.
Continual Monitoring for Refunding Opportunities
Davenport has developed proprietary software used in conjunction with our database of outstanding bond issues
which allows us to construct and analyze entire debt portfolios segmented by credit type, by payment date, and by
use of proceeds. The database includes all outstanding debt of our current clients and it houses over 15,000
individual maturities. Each maturity is analyzed on a weekly basis to determine potential refunding opportunities.
Through the use of this database, we are able to determine the following:
Series
Type
Spread
Eligible
Maturity
Call Date
Call Premium
Issue Cost
Insurer
Maturity Principal PV Savings Principal PV Principal PV Savings Principal PV Savings
6/30/05
06/30/06
06/30/07
06/30/08 1,085,000 -1.600% 435,000
06/30/09 1,115,000 -1.505% 450,000 190,000 -2.623% 55,000 -5.456%
06/30/10 1,170,000 -1.413% 470,000 210,000 -2.479% 60,000 -4.935%
06/30/11 1,230,000 -1.324% 495,000 235,000 -2.341% 75,000 -4.437%
06/30/12 1,265,000 -1.239% 520,000 260,000 -2.208% 85,000 -3.959%
06/30/13 1,330,000 -1.157% 545,000 290,000 -1.501% 95,000 -2.558%
06/30/14 1,395,000 -1.079% 570,000 325,000 -0.330% 110,000 -0.376%
06/30/15 1,465,000 -0.282% 600,000 355,000 0.712%125,000 1.627%
06/30/16 1,540,000 0.318% 635,000 395,000 1.490%140,000 2.955%
06/30/17 1,615,000 -1.323% 670,000 430,000 2.139% 160,000 3.962%
06/30/18 1,680,000 -1.804% 705,000 -9.551%470,000 2.316% 175,000 4.138%
06/30/19 1,745,000 1.012% 745,000 -9.079%515,000 2.461% 195,000 4.403%
06/30/20 790,000 -9.621%560,000 2.661% 215,000 4.848%
06/30/21 835,000 -10.143%610,000 3.349% 240,000 5.246%
06/30/22 885,000 -10.645%665,000 3.327% 265,000 5.604%
06/30/23 940,000 -11.061%720,000 3.368% 290,000 6.004%
06/30/24 780,000 3.396% 315,000 6.370%
06/30/25 840,000 3.412% 345,000 6.704%
06/30/26 910,000 3.417% 380,000 7.010%
06/30/27 2,130,000 3.412% 845,000 7.288%
06/30/28
06/30/29
06/30/30
06/30/31
06/30/32
06/30/33
06/30/34
06/30/35
06/30/36
06/30/37
06/30/38
Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings
0 0 0 0 0 0 0 0 0 0 0 0 6,655,000 225,723 3,425,000 208,854
0.00000%0.00000%0.00000%0.00000%0.00000%0.00000%3.39178%6.09792%
0 0 0 0 5,875,000 114,723 0 0 1,940,000 29,361 0 0 1,975,000 47,663 265,000 6,170
0.00000%0.00000%1.95273%0.00000%1.51344%0.00000%2.41330%2.32830%
0.100%0.150%0.550%0.100%0.100%0.100%1.700%0.100%
Revenue Revenue COP
Refunding Candidates
Callable Par Yields August 9, 2007
Revenue Revenue Revenue Revenue
1.000%
None
Eligible
Eligible
COP
2002A -Junior
New Money
Yes
1-Jul
01/01/12
2.000%
Asset Guaranty
Eligible
Eligible
1-Jul
01/01/12
1.000%
1.000%
2002A - Senior
New Money
Yes
None
Eligible
15-Sep
09/15/12
0.000%
1.000%
2002A -2
New Money
Yes
Eligible Eligible EligibleEligible
None None None
Eligib
None
2.000%0.000%0.000%
1.000%1.000%1.000%
0.000%
1.000%
15-Feb 15-Sep 15-Sep
02/15/13 09/15/12 09/15/12
15-Sep
09/15/12
Yes Yes YesYes
2003A 2002A - 1 2002A -1
New Money New Money New Money
2002A - 2
New Money
Eligible
None
Eligible
0.000%
1.000%
1-Apr
04/01/14
Yes
2004A
New Money
PV > 1.5%
PV > 3.0%
Project A Project B Project C Project C Project D Project D Project E Project E
Special Oblig. Special Oblig.Lease Revenue Taxable Lease Revenue Lease Revenue Lease Revenue Lease Revenue
Advance Refunding Eligibility;
Savings Principal PV Savings Principal PV Savings Principal PV Savings Principal PV Savings
-15.655% 1,000,000 -1.612% 985,000 -1.612% 1,730,000 -1.612%
-14.148% 2,030,000 -1.514%1,770,000 -1.514%
-12.808% 1,500,000 -1.420% 655,000 -1.420% 1,820,000 -1.420%
-11.549% 1,710,000 -1.330% 505,000 -1.330% 1,870,000 -1.330%
-10.367% 2,325,000 -1.243%1,930,000 -1.243%
-9.348% 2,465,000 -1.159%1,005,000 -1.159% 990,000 -1.159%
-8.637% 2,595,000 -0.071%1,685,000 -0.269% 390,000 -1.461%
-7.838% 2,235,000 0.891% 500,000 -0.584% 1,690,000 0.503% 485,000 -1.632%
-8.534%2,860,000 1.635%2,025,000 1.067% 250,000 -1.777%
-8.925%3,015,000 2.254%1,940,000 1.513%445,000 -1.744%
EligibleleEligibleEligibleEligible
Current Market Savings at Refunding
Yield;
Current Market Savings at Escrow Yield;
Savings Percentage;
Positive/Negative Arbitrage in Escrow;
Break‐Even Yield – Yield Producing
Target Savings;
Market Movement that Generates Target
Savings;
Cumulative Savings and Savings
Percentage;
The graphic to the right is a sample output
schedule from a refunding analysis on a
representative debt portfolio. The schedule
contains pertinent information related to
each issue, including eligibility for advance
refunding, principal payment dates, credit
enhancement, project category, and call
provisions. Each maturity is assigned a
credit structure allowing us to analyze a refinancing at different interest rates associated with the strength of its
credit. Maturities producing potential debt service savings are color‐coded, with those highlighted in green
producing over 3% present value savings and those highlighted in yellow producing 1.5% to 3% present value
savings. In this example the Series 2002A Senior Lien Certificates of Participation and the Series 2002A Junior
PAGE | 9
Exhibit B - Statement of Qualifications
Davenport & Company LLC
Certificates of Participation show the strongest potential for refunding opportunities. In addition, with a downward
movement in the market, certain maturities in the Series 2002A Lease Revenue Bonds may become potential
refunding targets as well.
Investment of Bond Proceeds
As Financial Advisor, Davenport helps clients to invest funds in a manner proportionate to their respective risk
tolerance levels and expectations, while also providing for investment in such a manner that complements the
investment guidelines as defined in bond offering documents and requisite state law. Part of this process includes
an Investment of Proceeds analysis, which looks in detail at the proposed investment return of a number of possible
investment scenarios, including a portfolio of laddered securities; a guaranteed investment contract, such as a fully
flexible repurchase agreement; and investment in state sponsored non‐arbitrage funds (commonly referred to as
‘floaters’). Some combination of both may be desired as well, e.g. 75% laddered/ 25% floater.
Subsequent to the Investment of Proceeds analysis, should it be determined that a competitive portfolio of
securities is desired by the client, Davenport would serve as Bidding Agent by bidding out investments through a
competitive process, which allows the client the benefit of paying the least for the most efficient portfolio of
securities. In the last two years alone, Davenport has been responsible for helping clients competitively bid out and
invest over $750 million.
On occasion where a draw down schedule, i.e. expenditure schedule, for the Project Fund is not certain, the client
may not feel confident “locking‐in” those cash flows. The result being that a state sponsored non‐arbitrage fund or
floater may be the most convenient form of investment, e.g. the North Carolina Treasurer’s investment program.
This program offers a competitive yield yet allows for a high level of flexibility and availability of funds while also
tracking arbitrage and potential rebate payments.
C) Describe the role the Firm would expect to play in evaluating financing alternatives other
than municipal bonds. What alternatives would be considered? Describe the Firm’s
experience in successfully designing and implementing alternative financing such as
lease/purchase.
Davenport routinely assists clients in evaluating the benefits and risks of various financing alternatives and guides
our clients in selecting the tool which best accomplishes the financing objectives. Other than bonds, Davenport has
worked with clients to obtain financing through the use of bank loans, private placements, lease purchases, and
certificates of obligations. Davenport will analyze the plan of finance and the client’s existing debt portfolio to
determine the financing structure which is most advantageous within the overall plan of finance. This could
include deal structures with variable rate, synthetic fixed rate, fixed rate, taxable, and tax exempt features.
D) Outline the circumstances under each method (competitive and negotiated) would be
preferred.
It has been the practice of Mr. Morrison to sell most general obligation bonds through an advertised, competitive
sale unless market conditions or issuer preference is indicated otherwise. Davenport believes that, in Georgia, the
competitive issuance process allows the bonds to be sold at the most competitive interest rate. The considerations
to be evaluated when deciding between a completive and negotiated sale include the size of the issue, the credit
rating, the complexity of the structure, and the sensitivity of the transaction to market movements.
PAGE | 10
Exhibit B - Statement of Qualifications
Davenport & Company LLC
E) Describe the role the Firm would expect to play as Financial Advisor under each of the two
methods. Describe the Firm’s experience with each of the two methods.
Role of Davenport in Negotiated Sales
The key services and methodology related to achieving the optimal pricing in negotiated sales are driven by three
key components: Syndicate Formation and Management, Pre‐Pricing Analysis and Market Research, and Pricing
Negotiations and Post Sale Analysis.
#1 Syndicate Formation and Management
The first step in assuring effective pricing of a negotiated sale of securities is hiring the right group of underwriters
and establishing syndicate rules which will promote the maximum participation by firms in the syndicate. We
assist our clients in drafting a Request for Proposals which will elicit the information required to make an informed
judgment as to the qualifications of the firms seeking to underwrite the securities and help structure interviews
with candidate firms to further help identify the most qualified firms. We advise our clients on the composition of
the underwriting group, the syndicate, and the selling group that will maximize our ability to reach all relevant
investor segments, including establishing syndicate rules that will govern the relationship among the firms
underwriting the bonds. These rules, which are frequently overlooked by issuers of securities in negotiated
offerings, can play a significant part in determining whether the issuer receives the benefit of aggressive pricing of
its bonds.
#2 Pre‐Pricing Analysis and Market Research
Prior to the sale of the securities, Davenport will access all of our market research sources to determine the key
factors affecting the sale of securities similar in character to our client’s bonds. We will summarize all of the
relevant details of the upcoming issue, as well as the results of our client’s previous bond issues and the results of
recent comparable transactions. This information will be compiled in a “Pre‐Pricing Analysis” which will be
presented to staff a few days prior to the actual sale of the bonds.
#3 Pricing Negotiations and Post‐Sale Analysis
The “Pre‐Pricing Analysis” described above will serve as the foundation for our negotiations with the underwriters
concerning the pricing and structure of the bond issue. That information will be invaluable in establishing the
appropriate benchmark for the underwriters in the pricing of the bonds. At the time of the pricing negotiations, the
head of our syndicate desk, Joe Paucke, will be an active member of our finance team. Mr. Paucke is actively
involved in buying and selling securities and new issue distribution on a daily basis. Using his knowledge and the
information we have prepared, the finance team will have all of the resources necessary to ensure both a fair and
aggressive pricing of the bonds. As described below in our discussion of the competitive sale process, we also
prepare a post sale analysis in order to judge the results of our sale.
Role of Davenport on Competitive Sales
We will provide the City with a comprehensive range of services on a competitive sale of securities. One of the most
critical and frequently overlooked tasks of the financial advisor in structuring a competitive sale of securities is to
market test the terms and conditions incorporated into the Notice of Sale. The bid parameters of the sale should
allow underwriters the flexibility to structure a bid tailored to investor demands without compromising the needs of
the City.
We run market simulation tests in advance of every competitive sale. This is to ensure that the specific terms and
conditions of the offering, as incorporated in the Notice of Sale and Bid Form, will produce optimal results based on
prevailing market preferences and client objectives. Our market simulation test also ensures that unusual or
unexpected bid structures will not adversely affect the sale of securities.
Once the sale is complete, we prepare a post‐sale analysis to evaluate the results. In this analysis, we summarize the
key market conditions that existed surrounding the sale. We also determine the spread between the final pricing vs.
PAGE | 11
Exhibit B - Statement of Qualifications
Davenport & Company LLC
the ‘AAA’ MMD (the municipal market’s standard yield curve) on the day of pricing. This spread is then compared
to our client’s historical transactions and recent comparable transactions to judge the results of our sale.
F) Outline the activities the Firm would undertake to facilitate the sale and marketing of the
City’s debt. The successful proposer will be excluded from acting in the capacity of
underwriter for any of the City’s debt issues for which it acts as the Financial Advisor.
G) Describe the Firm’s experience with sales and marketing activities.
The first step in assuring effective pricing of a negotiated sale of securities is hiring the right group of underwriters
and establishing syndicate rules which will promote the maximum participation by firms in the syndicate. These
rules, which are frequently overlooked by issuers of securities in negotiated offerings, can play a significant part in
determining whether the issuer receives the benefit of aggressive pricing of its bonds.
The past two years have been particularly turbulent for the tax‐exempt bond markets and we believe it is
increasingly important for issuers to take an active role in “Marketing” their bonds to achieve lower interest rates
rather than simply relying on the underwriters to provide this service. Techniques we have employed recently
include the following:
‐ Media outreach: For a recent sale we contacted The Bond Buyer and the local newspaper to publish a
story highlighting one our client’s bond sales in advance of the sale. Davenport drafted a detailed press release
describing the projects being financed, the financing structure, and the key features of the transaction. We
included quotes from the issuer in the press release and provided pictures of the projects being financed. The Bond
Buyer ran the story using the majority of our press release and the feedback from potential investors was very
positive. The effort helped attract investor attention for our client.
‐ Investor conference call: We have hosted investor conference calls to educate investors on the
particulars of a transaction. These calls typically utilize “webinar” technology so that the investors have a better
understanding of the transaction.
‐ Contact potential bidders: Before each competitive sale, the individuals at Davenport personally call
the trading desks of potential bidders. In a competitive market with many bond issues pricing each day, this is a
simple method to ensure the City receives the attention it deserves from the potential bidders.
PAGE | 12
Exhibit B - Statement of Qualifications
Davenport & Company LLC
4) Informational Requirements
A) Offeror shall include the name, address and telephone number of at least five (5) clients
for whom services similar to those described in this RFQ have been performed. In
addition, Offeror shall provide an official statement of the most relevant previous
financing.
Ms. Kay Love, City Administrator
City of Roswell
38 Hill Street
Roswell, Georgia 30075
Tel. 770‐594‐6265
Email: klove@ci.roswell.ga.us
Dr. Kim Nichols, Assistant Superintendent for Administrative Services
Catoosa County Public Schools
307 Cleveland Street
P.O. Box 130
Ringold, Georgia 30736
Tel. 706‐965.2297
Email: knichols@catoosa.k12.ga.us
Mr. Candler Howell, Assistant Superintendent for Financial Management
Cherokee County School System
110 Academy Street
Canton, Georgia 30114
Tel. 770‐704‐4244
Email: candler.howell@cherokee.k12.ga.us
Mr. Peter N. Hughes, CFO
South Carolina State Ports Authority
Post Office Box 22287
Charleston, South Carolina 29413‐2287
Tel. 843‐577‐8140
Email: phughes@scspa.com
Ms. Peggy Merriss, City Manager
City of Decatur
509 N. McDonough Street 30030
P.O. Box 220
Decatur, Georgia 30031
Tel. 678‐553‐6517/fax 678‐553‐6518
Email: Peggy.Merriss@decaturga.com
Ms. Pamela Hodge, Director
Department of Finance
Columbus Consolidated Government
100 Tenth Street (ZIP 31901)
P.O. Box 1340
Columbus, Georgia 31902‐1340
Tel. 706‐225‐3050/fax 706‐653‐4086
Email: PHodge@columbusga.org
PAGE | 13
Exhibit B - Statement of Qualifications
Davenport & Company LLC
B) Offerors shall demonstrate their financial stability to supply, install and support the
services specified by providing financial statements, preferably audited, for the two (2)
consecutive years immediately preceding the issuance of this RFQ.
Please reference Appendix B for the Consolidated Statements of Financial Condition prepared by KPMG,
Davenport’s independent auditor. We respectfully ask that this information be noted as “CONFIDENTIAL” and not
shared with parties outside of the City, consultants, and attorneys assisting in the selection process for this Request
for Proposal.
PAGE | 14
Exhibit B - Statement of Qualifications
Exhibit B - Statement of Qualifications
Cost Proposal for Debt Issued by the City
(000)
Bank Placed (i.e. non‐bonded debt) Public Offering (i.e. bonded debt)
(Debt Amount) Fee/$1,000 (Debt Amount) Fee/$1,000
(000) (000)
$0‐$1,000 $5.00 plus $0‐$2,000 $5.00 plus
$1,001‐$2,000 $4.00 plus $2,001‐$3,000 $4.00 plus
$2,001‐$3,000 $3.00 plus $3,001‐$4,000 $3.00 plus
$3,001‐$4,000 $2.00 plus $4,001‐$5,000 $2.00 plus
Over $4,001 $1.00 Over $5,001 $1.00
Max fee $25,000 Max fee $60,000
For Non-Transactional Work
For financial advisory work not associated with a debt issue, the following hourly fee schedule will be used:
Senior Vice President: $250 per hour
First Vice President: $225 per hour
Vice President: $215 per hour
Associate Vice President: $200 per hour
Analysts/Associate: $175 per hour
Exhibit B - Statement of Qualifications
EXHIBIT C
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 “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 Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
Davenport & Company, LLC
_________________________________________
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:
___________________
EXHIBIT D
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that
the individual, firm or corporation which is engaged in the physical performance of services under a contract with Davenport &
Company, LLC 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
1 | P a g e
To: Honorable Mayor and City Council Members
From: Sudie Gordon, City Clerk
Date: December 23, 2011 for the January 9, 2012 Council Meeting
Agenda Item: Approval of a First Amendment to the Granicus Services Agreement between
Granicus, Inc. and the City of Milton, Georgia
Purpose:
Approve an amended contract which will allow Granicus to upgrade our current
software/hardware with Open Platform, Government Transparency and Meeting Efficiency
Suites with managed hardware.
Background:
Staff began utilizing Granicus in Spring of 2009. The main purpose of Granicus is to provide
historical documentation of public meetings and live streaming during council meetings, BZA,
Planning Commission, DRB, Court and other pertinent meetings. Granicus allows
citizens/staff to view archived meetings which allows for a continuum of transparency of the
city’s business.
Discussion:
The upgraded Granicus software will allow web streaming of an unlimited number of meetings
and events online and over mobile devices (mobile phones, MP3/MP4 players) which also
allows for publishing of meeting content online with “indefinite” retention schedules. This
upgrade will offer mobile streaming “live” for use on notebooks, connecting agenda data to the
iPad to review agendas and supporting documents for council’s use prior to and during council
meetings. The iLegislate feature allows for a Granicus native iPad application for paperless
agenda review and reducing printing costs associated with agenda packet production.
Advanced search features within Granicus will allow the public to define their search criteria
and allow them to search agenda items, action items, etc. The meeting Efficiency Suite will
allow for an automated solution that combines action minutes to be taken during the council
meeting, captured with the meeting’s recording and published saving staff time and
administrative costs. A Training Option is included in this amendment which will train City
Clerk’s Staff, IT and relevant Board/Commission city liaisons who utilize Granicus.
Budget Impact is $375 additional monthly fees and $2,255 “upfront” costs for deployment of
Suites Conversion, Managed Hardware and Training.
Staff is recommending approval of the amended contract with Granicus, Inc.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
2 | P a g e
Legal Review:
Paul Higbee, Jarrard & Davis on 12/27/2011
Attachments:
1. First Amendment – Granicus, Inc. (12/22/11)
FIRST AMENDMENT TO THE GRANICUS SERVICES AGREEMENT BETWEEN
GRANICUS, INC. AND THE CITY OF MILTON, GEORGIA
This First Amendment to the Granicus, Inc. Services Agreement dated November 28, 2008 (hereinafter
referred to as the “Agreement”) is made and entered into by and between Granicus, Inc., a California
Corporation (hereinafter referred to as “Granicus”), and the City of Milton, GA (hereinafter referred to as
“Client”), with reference to the following:
WHEREAS, Granicus, a California-based company, provides a full-service solution that includes
hardware, software, automated indexing capabilities, voting systems, website page design and integration
with Council Agendas, a meeting minutes module, on-site user training and 24/7 technical support that
meet Client needs as well as the integration services that are required for timely implementation; and
WHEREAS, Granicus represents that it has the qualities, expertise, skills, and abilities to perform such
work; and
WHEREAS, in addition to Client’s existing Granicus solution, Client wishes to transition to Granicus
Open Platform, Government Transparency, and Meeting Efficiency Suites as detailed in the attached
Exhibit A, which is incorporated herein by reference.
NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended
as follows:
1. Client will receive additional Monthly Managed Services as described in Exhibit A at no cost to Client
until July 1, 2012. Additional billing of $375 per month (for total monthly fees of $2,141.70) for Monthly
Managed Services will start on July 1, 2012. Client shall pay the following fees to Granicus upon
installation and proper operation of the software and hardware described in Exhibit A (which shall occur
no later than March 31, 2012): $1,530.00 for training as described in Exhibit A; $600.00 for the software
and hardware described in Exhibit A; and $125 to ship hardware described in Exhibit A.
2. Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls
any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus
Open Platform Suite solution (“Open Platform Hardware”), Client understands that upon termination of
this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open
Platform Hardware must be returned within fifteen (15) days of termination, and must be in substantially
the same condition as when originally shipped, subject only to normal wear and tear.
3. The third sentence of Section 8.1 of the Agreement is amended to read as follows: “This Agreement
shall terminate absolutely and without any further obligation on the part of the Client or renewal on
December 31, 2015.”
4. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall
remain in full force and effect.
5. In the event of any inconsistency between the provisions of this First Amendment, and the original
Agreement, the inconsistency shall be resolved by giving precedence to the documents in the following
order:
A. Paragraphs set forth in the body of the First Amendment.
B. Information set forth in Exhibit A to the First Amendment.
C. Paragraphs set forth in the body of Agreement.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly
authorized representatives,
MILTON, GEORGIA GRANICUS, INC.
By:______________________________ By: _______________________________
Ed Roshitsh
President
Date:____________________________ Date:_____________________________
[AFFIX CORPORATE SEAL]
EXHIBIT A
Proposal for
Milton, Georgia
Suites Conversion with Managed Hardware
Proposal presented to:
Sudie Gordon
City Clerk
City of Milton, GA
December 22nd, 2011
City of Milton, Georgia
December 22nd, 2011
Dear Sudie,
Thank you for your continued partnership with Granicus. We have appreciated the investment and
commitment that the City of Milton has had with us over the past several years. It has been a pleasure
discussing your ideas and thoughts for the future of Milton.
On the following pages I have included a budgetary quote for the move to the Open Platform,
Government Transparency, and Meeting Efficiency Suites with Managed Hardware. We are excited for
what this will allow Milton to accomplish, including streaming to mobile devices for on-demand (and
future live) video, reduction in printing costs with a paperless agenda on the iPad, improved workflow
efficiency and additional transparency on voting results!
I’m looking forward to working with you!
Most Sincerely,
Erin English
Account Manager
415 357 3618 x 1759
erine@granicus.com
Granicus, Inc.
Granicus® Open Platform
The Granicus® Open Platform allows you to stream an unlimited number of meetings and events online and over
mobile devices – play video in H.264* and Silverlight. Publish all of your content online with indefinite retention
schedules. Granicus Encoding Appliance gives you unlimited bandwidth and storage as well as local live and on-
demand streaming for up to 50 concurrent viewers. You can also access a library of community content and start
publishing videos immediately. Finally, leverage an open architecture and connect in -house or third-party solutions
to Granicus.
Stream unlimited meeting bodies and events
Indefinite retention schedules
Intelligent media routing
Community content library
Open architecture and SDK
• Government agencies at the local, state, and federal level face enormous
• challenges keeping citizens engaged and staff informed. Traditional commu nication channels break-
down when information is not published timely and cannot easily be consumed. And, until now,
managing and broadcasting vast amounts of content required a dedicated staff and expensive
infrastructure.
• The Granicus Open Platform is the first web-based cloud service that helps small and large
governments manage content and deliver rich-media to citizens, easily and at a low cost. Now,
agencies can broaden awareness and share meetings, events, and programs, conveniently through a
citizen-facing web portal. Best of all, the platform is easy to use, fast to deploy, and can be managed
from anywhere at anytime.
Everything you need to manage and broadcast government media online
• Get started easily on a low cost platform that expands as your needs grow.
• Give citizens convenient access to live streaming and archived video through your website.
• Manage and distribute unlimited meetings and events —all completely automated.
• Get enterprise scalability through a world-class hosted infrastructure.
Create a powerful website experience for citizens.
Improve your web presence by adding a centralized, up-to-date repository of all live and archived media—public
meetings, speeches, trainings, and original programming. Enable audiences to share videos over social networking
sites or through email to drive visibility and viewership.
Increase convenience with access any time, from anywhere. Citizens and staff can watch live streaming
broadcasts or play archived videos through your website. Viewers can quickly jump to any topic through index
points and setup RSS subscriptions to automatically download the most recent content. Reach a broader audience
with mobile device streaming - play archived videos in Flash, HTML5, and Silverlight.
Simplify media management through automation. Schedule events to broadcast live or record from any
video source including cable, camera, VHS, or DVD. Archived files automatically transfer to internal and exter nal
distribution networks and are instantly published to the web with no additional steps.
Deliver additional content without the cost of production. Gain access to a library of pre-
recorded government media content, including public service announcements and trainings. Download, modify,
and publish new content for your community at a fraction of the price it takes to produce new material.
Rapid platform deployment—no up-front setup costs. Our professional services team has made it
incredibly easy for you to get started. Your agency can be up-and-running in no time and there is never any up-
front cost or setup fee.
Features for Staff
• Live Event Streaming
• Archived Video Editing & Indexing
• Publishing Points
• Automated Publishing
• Community Content Library
• Standard Media Repository
• CD & DVD Creation
• Open Architecture & API
• Encoding Appliance
• Unlimited Storage & Distribution
• Intelligent Media Routing
• Proactive Systems Monitoring
• Guaranteed Availability & Security
• Performance Accelerator *
Benefits to Citizens
• Web Portal
• Flash**, HTML5** and Silverlight Video Players
• RSS Feeds
• Share Syndication
• Mobile Device Streaming & Support**
* Software module sold separately
** Available for on-demand playback only
• Available to your entire organization.
Integrates with existing systems. With unlimited users and groups, secure login credentials, and controlled
permissions, your entire organization can have access to the service from anywhere. Plus, our open architecture
and web-based APIs offer the flexibility to share data with other government solutions already in place.
* Available for on-demand playback only
Government Transparency Suite
The Government Transparency Suite gives your citizens greater access to public meetings and re cords online. Take
the next step towards greater transparency and link related documents to your video, offer your full agenda
packet, and provide advanced searching of archives. Connect agenda data to the iPad to review agendas and
support documents, take notes and more. Reach a broader audience with podcasting - download media in MP3
and MP4 formats and view video offline. Granicus’ reporting tools give you a detailed analysis of visitor statistics to
help you better understand viewership trends.
iLegislate – native ipad app for paperless agendas
Advanced Search
Offer downloadable formats (MP3 & MP4)
Publish agenda packets with video
Link relevant materials
Build reports and analytics
Index videos live
Conveniently deliver content online and increase transparency
• Maximize public access with a searchable integrated public record. Empower citizens to fi nd what they
want, when they want it through a searchable public record on your website. All meeting audio, video,
minutes, and agendas are tightly integrated together.
• Deliver a rich user experience by linking documents to media. Citizens can watch indexed videos,
browse agendas, and view supporting materials such as staff reports, memos, and ordinances —all
through one multimedia player.
• Proactively inform citizens with agenda and keyword subscriptions. Allow citizens to subscribe to your
agenda or particular keyword searches to get real-time notifi cations when new content becomes
available.
• Reach a broader audience including those on mobile devices. Provide access to meetings anytime,
anywhere. Media files can be easilydelivered as downloadable podcasts, audio (MP3) and video (MP4)
formats. Reach more citizens using mobile devices, dial-up computers, and popular media providers
including iTunes.
• Ensure ADA compliance with a closed captioning integration. Easily stream meetings with scrolling
closed captions. Also, quickly access and publish a full transcript and even search for any word spoken on
video. Save time and gain insight into public interest.
• Save hours of time by importing agendas & indexing in real-time. Eliminate the time-consuming process
of re-typing agenda titles and indexing video after an event has ended. Simply import agendas beforehand
and automatically index video live during the meeting.
• Generate and publish an agenda packet that is linked to video. Automatically assemble all meeting
materials and publish to the web. Give citizens access to the same information elected offi cials review.
After the meeting, produce a full, integrated public record which links
the agenda directly to the video.
• Measure & analyze public interest through a reporting dashboard. Get easy-to-use reporting tools and charts to
conduct a real-time and historical analysis of visitor statistics: most popular content, number of live and archived
views, length of time on site, and ratio of citizen to staff use.
Features for Staff
• Import & Parse Agendas
• Publish Agenda Packets
• Link Relevant Documents
• Index Video Live
• Create Text Transcripts
• Reports & Analytics
• iLegislate for the iPad
Benefits to Citizens
• Video Player Window
• Advanced Search
• Closed Captioning
• Downloadable Formats (MP3/MP4)
• iTunes Integration
• RSS Agenda Feeds
Meeting Efficiency Suite
The Meeting Efficiency Suite is an automated solution that combines minutes with a meeting’s recording. Capture
and publish minutes, saving staff time and cutting administrative costs. Record roll-call, agenda items, speakers,
motions, votes, and notes through a simple interface. After the meeting, finalize minutes quickly and easily in
Microsoft Word™.
Meeting preparation tools
Live minutes automation
Quick notes and text expansion
Minutes editing and publishing
Generate linked minutes
Vote Log
Bring order and efficiency to the public meeting process
• Streamline meetings. Easily record roll call, motio ns and votes.
• Save time and ensure accuracy - capture meeting actions directly into the public record.
• Run more productive meetings with touch-screen voting displays for elected members.
• Easily publish minutes and supporting materials into a comprehensive public record.
Features List
Live Meeting Automation
• Record Motions, Votes and Notes
• Quick Notes & Text Expansion
• Roll Call Automation
• Data Capture to Create Minutes
• Touch-Screen Voting Displays*
• Digital Speaker Queue
• Vote Automation
• Paperless Agenda Packets
Post-Meeting Minutes Creation
• Microsoft WordTM Integration
• Publish PDF or HTML minutes
• Hands-Free Controls*
Granicus® Encoding Appliance
Hardware as a Service for Government Webcasting
The Granicus Encoding Appliance is designed and built for our platform and streaming protocols to
provide government organizations with a complete streaming solution. Each pre -configured
appliance is delivered ready to stream. Simply connect power, network and an audio/video source .
Full appliance control is available through a web browser or locally installed client application.This
appliance is a foundation component of the Granicus platform which allows customers to add
applications and suites to meet future enterprise needs. Click here for more information on the
Granicus Encoding Appliance.
Proactive Management
The Granicus Encoding Appliance supports Granicus’ current and future software platforms and encoding formats. It has
been rigorously tested and certified to work with Granicus technology. Device pre-configurations allow customers to get up
and running quickly while maintaining the highest level of service at a low monthly cost.The Granicus Customer Care team
leverages a suite of tools that allow us to proactively monitor, maintain and support the appliance. Full patch management
of Granicus software and the operating system eliminates any maintenance burden placed on government IT staff, including
contacting multiple vendors for support. As a fully-managed solution, Granicus will provide customers with all necessary
upgrades, repairs or replacements to ensure that the appliance works effectively on the Granicus platform.
To help maintain ADA compliance, the Granicus Encoding Appliance supports extraction and display of embedded closed
captions.
The Encoding Appliance can be configured to support local live and on-demand streaming for up to 50 concurrent
users. For
organizations that require enterprise-class distribution,
Granicus’ Performance Accelerator distributes hundreds of simultaneous local streams with minimal network
impact.
Each device is equipped with 500GBs of local storage, or
roughly 3,250 hours at standard bit rates. Granicus provides unlimited cloud content storage and retention.
The Granicus Encoding Appliance is lightweight and small enough to fit in any server rack. Encoder noise has been
addressed as well. With a sound output less than 40db, the Granicus Encoding Appliance is considerably quieter
than
standard off the shelf encoding hardware.
Hardware Specifications
Dimensions
• 13.9”D x 19”W x 3.5”H
• 2U rack mountable chassis
Weight
• 25 lbs
Video
One Channel
Switchable Input
• Composite (BNC x1)
• S-Video (Includes BNC to mini-DIN adapter)
• Component (BNC x 3)
• NTSC & PAL supported
Audio Inputs
• Balanced stereo (XLR x 2)
• Unbalanced stereo (RCA x 2)
• Stereo & mono supported
Power
Idle Load Startup
Watts 53 167.1 102
Amps 0.441 1.393 0.85
kVA 0.529 0.167 0.102
BTU/hr 181 570 348
Connectivity • Ethernet: 2 auto-detecting x 1 Gbit
ports
Storage • 500GB capacity
• 3250 hours at standard bit rates
Hardware Warranty • Granicus customer lifetime
Optional
Components
• Rail kit *
• Tower conversion kit *
• SDI inputs *
Management • Full remote management, monitoring
patching & reporting
Granicus Training Overview/Agenda
*Training package will include three, two hour long online instructor led training sessions.
New Client Tutorial Session Goals
Goal 1: To become familiar with the Granicus’ View Page
Goal 2: To provide insight to your current workflow to the trainer
Goal 3: To understand the changes addressed in the document assessment
Online Session 1 Goals
Goal 1: To understand the high level basics of the Government Transparency Suite workflow
Goal 2: To become familiar with the MediaManager and LiveManager interfaces
Goal 3: To learn how to execute pre-meeting tasks in MediaManager
Goal 4: To learn how to index the meeting in real time with LiveManager
Online Session 2 Goals
Goal 1: To learn how to execute post-meeting tasks in MediaManager
Goal 2: To learn how to use extra features and tools to enhance transparency and efficiency
Online Session 3 Goals
Goal 1: Get answers to any questions from Government Transparency Homework Assignment
Goal 2: Take the reins and run a meeting on your own from start to finish
Budgetary Impact
Item Quantity Up-front Cost Monthly Cost
Suites Conversion – Open Platform,
Government Transparency, and Meeting
Efficiency Suites
1 $600.00 $100.00
Managed Hardware 1 $0 $275.00
Training - Meeting Efficiency Suite 1 (Six hours) $1,530
($1,700.00)
$0
Shipping 1 $125.00 $0.00
Sub-Total $2,425.00 $375.00
Milton Discount 10% off training - $170.00 $0
Tax $0.00 $0.00
Grand Total $2,255.00 $375.00
Q4 Promo Savings: $2,250.00
Current MMS amount:$1,766.70
New MMS amount: $2,141.70
Total 2012 Investment: $2,975.00
Total 2013 Investment: $4,500.00
Granicus Solution Upgrade Components
H.264 - Mobile streaming architecture (streaming to mobile devices) available in our Open Platform
Podcasting - Podcasting of live and on demand meeting content
iLegislate - Granicus native iPad application for paperless agenda review, marking follow -up tasks, and reducing
printing costs associated with agenda packet production
Advanced Search - Allows the public to more accurately define their search criteria by allowing them to search
agenda items, meeting notes, actions, closed captions, etc.
VoteLog - Allows the public to create segmented searches of meeting actions only by choosing to search a topic,
agenda item or on a specific elected member to help track what’s most important to them
*Those items in bold type face are additions to the current solution.
**The proposed Suite conversion to Open Platform, Government Transparency, and Meeting Efficiency includes the extra
products/services above plus innovative products in the future that will align with Suite solution, including the current pro ducts
iLegislate and streaming architecture (streaming architecture guarantee only comes with managed hardware).
This proposal expires on December 31st, 2011.
Granicus Implementation Timeline: Target “Go Live” date is within March, 2012.
We can typically get your organization live with its new Granicus solution within 60 days of receiving
your Purchase Order or Signed Service Agreement. At this point, we consider your deployment in
progress and will schedule a Kickoff Call with key players at your organization and Granicus. You can
follow your agency’s progress 24x7 with our online deployment tracker tool, helping you stay on
schedule for you next big milestone. We know how exciting it can be to get your Granicus solution up
and running, so to help things run quickly and smoothly it’s important that resources are allocated for at
your agency. Granicus is dedicated to ensuring that your deployment stays on track and meets your
needs. Payment not due until deployment process is fully completed.
Granicus Differentiators
World’s most experienced provider of government transparency, citizen participation, meeting
efficiency, legislative management, and training management solutions with:
o Over 700 clients in all 50 states, at every level of government
o Over 24,000,000 webcasts viewed
o More than 190,000 government meetings online
Open API architecture and SDK allow for seamless integrations with systems already in place
Certified Integrations provide flexibility and choice of best-of-breed solutions
Only government webcasting service to provide encoding, minutes annotation, transcription,
and closed captioning services
Truly unlimited storage and distribution for all meeting bodies and non-meeting content
Indefinite retention schedules for all archived meeting and non-meeting content
Only provider of both government webcasting and Citizen Participation services
Only provider of both government webcasting and Training Management services
Access a library of peer-created government media content from over 700 Granicus users
97% customer satisfaction rating, 99% client retention rating
Ranked 185 on Deloitte 500 fastest growing companies
Ranked 419 on Inc 500 fastest growing companies
Client Success stories are available here: http://www.granicus.com/Clients/Case-Studies.aspx
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: January 9, 2012 First Presentation
January 23, 2012 Unfinished Business
Agenda Item: Adoption of an Ordinance of the Mayor and City Council of the City of Milton,
Georgia to Amend Chapter 2 – Administration, Article VI – Financial Management
Program, of the City of Milton Code of Ordinances to Include Division 13 – Fund
Balance Policy
Background:
The Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund
Balance Reporting and Governmental Fund Type Definitions, in March 2009 to “improve the
usefulness of information provided to financial report users about fund balance by providing
clearer, more structured fund balance classifications, and by clarifying the definitions of existing
governmental fund types.”
Discussion:
Attached is a fact sheet that addresses the most commonly asked questions concerning
Statement No. 54. The proposed Fund Balance Policy incorporates the changes made by this
Statement.
Alternatives:
At this time, there are no other favorable alternatives.
Concurrent Review:
Chris Lagerbloom, City Manager
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: January 9, 2012 First Presentation
January 23, 2012 Unfinished Business
Agenda Item: Adoption of an Ordinance of the Mayor and City Council of the City of Milton,
Georgia to Amend Chapter 2 – Administration, Article VI – Financial Management
Program, of the City of Milton Code of Ordinances to Include Division 13 – Fund
Balance Policy
Background:
The Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund
Balance Reporting and Governmental Fund Type Definitions, in March 2009 to “improve the
usefulness of information provided to financial report users about fund balance by providing
clearer, more structured fund balance classifications, and by clarifying the definitions of existing
governmental fund types.”
Discussion:
Attached is a fact sheet that addresses the most commonly asked questions concerning
Statement No. 54. The proposed Fund Balance Policy incorporates the changes made by this
Statement.
Alternatives:
At this time, there are no other favorable alternatives.
Concurrent Review:
Chris Lagerbloom, City Manager
Fact Sheet about Fund Balance Reporting
and Governmental Fund Type Definitions
1. Why has the GASB issued new standards for reporting fund balance?
The GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type
Definitions, to address issues related to how fund balance was being reported. The GASB’s
original intention was to clear up confusion regarding the relationship between reserved fund
balance and restricted net assets. However, the GASB’s research revealed that the existing
standards guiding fund balance reporting were being interpreted inconsistently by different
governments. Consequently, the fund balance information reported by many governments also
was inconsistent. It also became clear that the understandability of fund balance information was
affected and that financial statement users were unable to readily interpret reported fund balance
information.
2. Why did the GASB decide not to just clarify the existing fund balance classifications
(reserved, designated, unreserved)?
The GASB considered pursuing a solely educational approach to these issues. However, it
became apparent based on interviews and survey results that, even if all governments interpreted
the requirements consistently, the resulting information would not meet the needs of people who
use fund balance information to identify available resources and assess liquidity and financial
flexibility.
3. How will governments report fund balance in the future?
Fund balance will be displayed in the following classifications depicting the relative strength of
the spending constraints placed on the purposes for which resources can be used:
• Nonspendable fund balance—amounts that are not in a spendable form (such as inventory) or
are required to be maintained intact (such as the corpus of an endowment fund)
• Restricted fund balance—amounts constrained to specific purposes by their providers (such
as grantors, bondholders, and higher levels of government), through constitutional
provisions, or by enabling legislation
• Committed fund balance—amounts constrained to specific purposes by a government itself,
using its highest level of decision-making authority; to be reported as committed, amounts
cannot be used for any other purpose unless the government takes the same highest-level
action to remove or change the constraint
• Assigned fund balance—amounts a government intends to use for a specific purpose; intent
can be expressed by the governing body or by an official or body to which the governing
body delegates the authority
2
• Unassigned fund balance—amounts that are available for any purpose; these amounts are
reported only in the general fund.
4. Why is unassigned fund balance reported only in the general fund?
When a government transfers resources from the general fund to another governmental fund, it is
communicating that, at a minimum, it intends to use those resources for the purpose of the fund
receiving them. This expression of intent meets the requirements for classification as assigned
fund balance. Because unassigned fund balance represents amounts that are not constrained in
any way, not even by an intention to use them for a specific purpose, the general fund is the only
appropriate place to report this classification of fund balance.
In the other governmental funds, however, if a government spends more on a specific purpose
than the resources available for that purpose in the fund, then it may need to report a negative
amount as unassigned fund balance. If a government cannot cover the deficit with amounts
assigned to other purposes in that fund, then the remaining deficit should be reported on the
unassigned fund balance line.
5. How will rainy-day amounts be reported under Statement 54?
Statement 54 treats stabilization arrangements as a specific purpose, allowing governments to
report these amounts in the general fund as restricted or committed, if they meet the applicable
definitions and criteria. Stabilization amounts that do not qualify to be reported as restricted or
committed should be included in unassigned fund balance. Governments may report stabilization
amounts in a special revenue fund only if they derive from specific revenue sources that are
restricted or committed to stabilization.
Regardless of where stabilization amounts are reported, governments also will disclose key
information about their stabilization arrangements in the notes to the financial statements,
including the authority by which the arrangements were established, the conditions under which
additions to the stabilization amounts are required, and the circumstances under which amounts
may be used.
6. How has Statement 54 changed the way encumbrances are reported?
The new standards clarify that an encumbrance is not a specific purpose and therefore should not
be reported as a separate line on the face of the balance sheet. Encumbering amounts that are
restricted or committed does not further limit the purposes for which they can be used. If the
encumbering process meets the definition and criteria for committed fund balance, then
encumbering an assigned or unassigned amount could result in the amount being reported as
committed; however, it would be reported with other amounts committed to the same or similar
purposes, not as “committed for encumbrances.” If a government has significant encumbrances,
it should disclose them under the standards for significant commitments.
3
7. What did the GASB find out about the reporting of governmental funds?
In practice, many governments have interpreted in different ways the prior standards on reporting
governmental funds contained in National Council on Governmental Accounting (NCGA)
Statement 1, Governmental Accounting and Financial Reporting Principles. This is particularly
true for special revenue funds.
8. How does Statement 54 clarify the special revenue fund type definition?
Statement 54 makes clear that, for financial reporting purposes, a special revenue fund may only
be established around one or more revenue sources that are restricted or committed to purposes
other than capital projects or debt service. For example, a school district might report state and
federal aid for elementary and secondary education in a special fund if those revenue sources
represent a substantial portion of the fund’s total inflows.
9. How does Statement 54 clarify the definitions of debt service and capital projects fund
types?
Statement 54 revises the definitions of the debt service and capital projects fund types so that
consistent language and structure are used across all of the governmental fund type definitions.
Although the existing definition of a capital project fund specifies that they should be used to
account for “the acquisition or construction of major capital facilities,” many governments have
used them to report on capital assets that are not facilities or major or either. Based on
constituent feedback, the GASB broadened the definition to encompass capital outlays in
general.
10. How will Statement 54 impact the reporting of governmental funds?
The most significant changes are likely to occur in the reporting of special revenue funds,
because that is where there has been the most variation in how the prior standards were
interpreted. Some governments may not be able to continue to report some of their special
revenue funds under the clarified definition. The Statement 54 definition is considered by some
to be more permissive that the NCGA Statement 1 definition. However, practice has varied so
much that the Statement 54 definition may appear more restrictive to some governments.
11. Does Statement 54 affect how governments use funds for internal accounting purposes
or for special reporting?
No. Statement 54 affects only the reporting of governmental funds in general purpose external
financial reports in conformity with generally accepted accounting principles (GAAP).
Governments may continue to use any funds they choose or are required to for their internal
accounting or for special purpose reporting.
4
12. What if a state law requires local governments to report a particular type of fund or to
report using the current classifications of fund balance?
For general purpose external financial reporting under GAAP, governments are required to
follow Statement 54. If a law conflicts with Statement 54 or any other part of GAAP, the legal
requirements can be met by presenting supplemental schedules. Governments will still be able to
comply with such state laws in their general purpose external financial report, but outside of the
basic financial statements, notes to the basic financial statements, and required supplementary
information.
13. What other note disclosures does Statement 54 require?
In addition to the disclosures already mentioned, Statement 54 requires governments to disclose:
• Additional detail regarding the purposes of restrictions, commitments, and assignments, if the
required level of detail is not met through display on the face of the balance sheet
• The decision-making authority and formal action, if any, that results in commitments of fund
balance
• The bodies or persons with the authority to express intended uses of resources that result in
assigned fund balance
• The order in which a government assumes restricted, committed, assigned, and unassigned
amounts are spent when amounts in more than one classification are available for a particular
purpose
• Information about minimum fund balance policies, if a government has one
• The purpose for each major special revenue fund, identifying which revenues and other
resources are reported in each of those funds.
14. When should Statement 54 be implemented?
Governments should implement Statement 54 no later than the first fiscal year beginning after
June 15, 2010 (for example, the fiscal year starting on July 1, 2010 and ending on June 30,
2011). Governments are encouraged to implement the standards earlier.
ORDINANCE NO. _________
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MILTON, GEORGIA TO AMEND CHAPTER 2 – ADMINISTRATION, ARTICLE VI –
FINANCIAL MANAGEMENT PROGRAM, OF THE CITY OF MILTON CODE OF
ORDINANCES TO ADD DIVISION 13 – FUND BALANCE POLICY
WHEREAS, the Governmental Accounting Standards Board (GASB) issued Statement No. 54,
Fund Balance Reporting and Governmental Fund Type Definitions, changing how fund balance
is reported; and
WHEREAS, Statement No. 54 also clarified the definitions of governmental fund types.
BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called
Council meeting on the 23rd day of January, 2012 at 6:00 p.m. as follows:
SECTION 1. That Chapter 2, Article 6, Division 13, Section 2-678 of the City of Milton
Code of Ordinances, 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
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 23rd day of January, 2012.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
FINANCIAL MANAGEMENT PROGRAM
FUND BALANCE POLICY
(IN ACCORDANCE WITH GASB 54)
Developed under the Authority
of the City Council by the
Department of Finance, and
approved by ordinance
on January 23, 2012.
City of Milton
georgia
City of Milton Financial Management Program
FUND BALANCE POLICY IN ACCORDANCE WITH GASB 54
Purpose: The following policy has been adopted by the City Council in order to address the
implications of the Governmental Accounting Standards Board (GASB) Statement No. 54, Fund
Balance Reporting and Governmental Fund Definitions. The policy is created in consideration of
unanticipated events that could adversely affect the financial condition of the City and jeopardize
the continuation of necessary public services. This policy will ensure that the City maintains
adequate fund balances and reserves in order to:
a.) Provide sufficient cash flow for daily financial needs,
b.) Secure and maintain investment grade bond ratings,
c.) Offset significant economic downturns or revenue shortfalls, and
d.) Provide funds for unforeseen expenditures related to emergencies.
This policy and the procedures promulgated under it supersede all previous regulations regarding
the City’s fund balance and reserve policies.
Fund Type Definitions: The following definitions will be used in reporting activity in
governmental funds across the City. The City may or may not report all fund types in any given
reporting period, based on actual circumstances and activity.
The general fund is used to account for all financial resources accounted for and
reported in another fund.
Special revenue funds are used to account and report the proceeds of specific revenue
sources that are restricted or committed to expenditure for specific purposes other than
debt services or capital projects.
Debt service funds are used to account for all financial resources restricted, committed
or assigned to expenditure for principal and interest.
Capital project funds are used to account for all financial resources restricted,
committed or assigned to expenditure for the acquisition or construction of capital assets.
Permanent funds are used to account for resources restricted to the extent that only
earnings, and not principal, may be used for purposes that support the City’s purposes.
Fund balance reporting in governmental funds. Fund balance will be reported in
governmental funds under the following categories using the definitions provided by GASB
Statement No. 54:
Non-spendable fund balance – Includes amounts that cannot be spent because they
are either a.) not in spendable form or b.) legally or contractually required to be
maintained intact. Non-spendable amounts will be determined before all other
classifications and consist of the following items (as applicable in any given fiscal year):
• The City will maintain a fund balance equal to the balance of any long-term
outstanding balances due from others (including other funds of the City)
• The City will maintain a fund balance equal to the value of inventory balances
and prepaid items (to the extent that such balances are not offset with liabilities
and actually result in fund balance)
Page 2 of 4
• The City will maintain a fund balance equal to the corpus (principal) of any
permanent funds that are legally or contractually required to be maintained intact.
City of Milton Financial Management Program
• The City will maintain a fund balance equal to the balance of any land or other
non-financial assets held for sale.
Restricted fund balance – Includes amounts that can be spent only for the specific
purposes stipulated by the constitution, external resource providers, or through enabling
legislation.
Committed fund balance – Includes amounts that can be used only for the specific
purposes determined by a formal action of the City Council. Commitments will only be
used for specific purposes pursuant to a formal action of the City Council. A majority vote
is required to approve or remove a commitment.
Assigned fund balance – Includes amounts intended to be used by the City for specific
purposes but do not meet the criteria to be classified as restricted or committed. In
governmental funds other than the general fund, assigned fund balance represents the
remaining amount that is not restricted or committed. The City Council delegates the
Finance Director the authority to assign amounts to be used for specific purposes. Such
assignments cannot exceed the available (spendable, unrestricted, uncommitted) fund
balance in any particular fund.
Unassigned fund balance – Includes the residual classification for the City’s general
fund and includes all spendable amounts not contained in the other classifications. In
other funds, the unassigned classification should be used only to report a deficit balance
from overspending for specific purposes for which amounts had been restricted,
committed, or assigned.
Operational guidelines. The following guidelines address the classification and use of fund
balance in governmental funds:
Classifying fund balance amounts – Fund balance classifications depict the nature of the
net resources that are reported in a governmental fund. An individual governmental fund
may include non-spendable resources and amounts that are restricted, committed, or
assigned, or any combination of those classifications. The general fund may also include
an unassigned amount.
Encumbrance reporting – Encumbering amounts for specific purposes for which
resources have already been restricted, committed or assigned should not result in
separate display of encumbered amounts. Encumbered amounts for specific purposes
for which amounts have not been previously restricted, committed or assigned, will be
classified as committed or assigned, as appropriate, based on the definitions and criteria
set forth in GASB Statement No. 54.
Prioritization of fund balance use – When an expenditure is incurred for purposes for
which both restricted and unrestricted (committed, assigned, or unassigned) amounts are
available, it shall be the policy of the City to consider restricted amounts to have been
reduced first. When an expenditure is incurred for purposes for which amounts in any of
the unrestricted fund balance classifications could be used, it shall be the policy of the
City that the committed amounts would be reduced first, followed by assigned amounts
and then unassigned amounts.
Page 3 of 4
Minimum unassigned fund balance – The City will maintain a minimum unassigned fund
balance in its General Fund of 16% of the subsequent year’s budgeted expenditures and
outgoing transfers. This minimum fund balance is to protect against cash flow shortfalls
related to timing of projected revenue receipts and to maintain a budget stabilization
commitment.
City of Milton Financial Management Program
Page 4 of 4
Replenishing deficiencies – When fund balance falls below the minimum 16%,
the City will replenish shortages/deficiencies using the budget strategies and
timeframes described below.
• The City will reduce recurring expenditures to eliminate any structural
deficit or,
• The City will increase revenues or pursue other fund sources, or,
• A combination of the two options above.
Minimum fund balance deficiencies shall be replenished within the following time
periods:
• A deficiency resulting in a minimum fund balance between 16% and 11%
of the subsequent year’s budgeted expenditures and outgoing transfers
shall be replenished over a period not to exceed one year.
• A deficiency resulting in a minimum fund balance between 11% and 6%
of the subsequent year’s budgeted expenditures and outgoing transfers
shall be replenished over a period not to exceed three years.
Surplus fund balance – Fund balance will be considered a surplus if over 21% of
the subsequent year’s budgeted expenditures and outgoing transfers. Should
unassigned fund balance of the General Fund ever exceed 21%, the City will
consider such fund balance surpluses for one-time expenditures that are non-
recurring in nature and which will not require additional future expense outlays for
maintenance, additional staffing or other recurring expenditures.
Implementation and review. Upon adoption of this policy the City Council authorizes the
Finance Department to establish any standards and procedures which may be necessary for its
implementation. The Finance Department shall review this policy at least annually and make any
recommendations for changes to the City Council.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 1 of 19
RZ11-19/VC11-05
MILTON COUNTRY STORE
PROPERTY INFORMATION
ADDRESS 15260 Hopewell Road
DISTRICT, LAND LOT 2/2 534
OVERLAY DISTRICT Northwest Fulton
EXISTING ZONING AG-1(Agricultural)
PROPOSED ZONING C-1 (Community Business) and AG-1 (Agricultural)
ACRES 1.6346
EXISTING USE 1,179 sq.ft. building and 1,835 sq.ft. single family residence
PROPOSED USE General retail in 1,179 sq.ft. building and 1,835 sq.ft. single
family residence
PETITIONER Reunion Park, LLC
ADDRESS 5780 Windward Parkway
Alpharetta, GA 30004
678-624-2900
INTENT
To rezone from AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural)
for an existing 1,180 square foot building for general retail uses and an existing 1,835
square foot single family residence to remain with the following four-part concurrent
variance:
1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10
foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell
Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69
feet (Sec 64-1141(3)(a));
2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40
foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running
from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West
190.43 feet to the westerly 10 foot improvement setback line (Sec 64-1141(3)(a));
3) To delete the 50 foot buffer and10 foot improvement setback along the southwest
zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West
35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet (Sec 64-
1141(3)(a));
4) To reduce the 25 foot setback for parking adjacent to residentially used property to
10 feet along the south zoning line (Sec64-1433(f)(1)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 2 of 19
PLANNING COMMISSION RECOMMENDATION – NOVEMBER 16, 2011
RZ11-19 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION MEETING
VC11-05 PARTS 1-3 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION
MEETING
This item was recommended by Staff and Planning Commission to defer until
December 21, 2011 to allow an additional concurrent variance to be added
and the applicant had not conducted their public participation meeting prior to
the Planning Commission Meeting on November 16, 2011.
COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 21, 2011
RZ11-19 –DENIAL
VC11-05 – PARTS 1 THROUGH 4 – DENIAL
PLANNING COMMISSION RECOMMENDATION – DECEMBER 21, 2011
RZ11-19 –DENIAL – 5-0
VC11-05 – PARTS 1 THROUGH 4 – DENIAL – 5-0
At the meeting, there was opposition present to express their concerns with the
proposed rezoning to C-1 (Community Business) being inconsistent with 2030
Comprehensive Land Use Plan and would set a precedent for future requests for
commercial zoning. One speaker expressed his support for the use, but allowed
under the newly created H (Historic) zoning district.
The Planning Commission expressed to the applicant that although the
proposed C-1 (Community Business) district was inconsistent with the 2030
Comprehensive Land Use Plan and Council Policy; they were supportive of the
use of the commercial building be utilized as its his torical use under the newly
created H (Historic) zoning district.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 3 of 19
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 4 of 19
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 5 of 19
2030 FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 6 of 19
SITE PLAN SUBMITTED OCTOBER 14, 2011
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 7 of 19
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northeast 2
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
East 3
(AG-1)
AG-1 (Agricultural)
Bell Memorial Park & Various
Single-Family Residential
1 unit/acre
(Various sq.ft.)
Southeast 4
(AG-1)
AG-1 (Agricultural)
Champions Overlook
Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
South 5
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northwest 6
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 8 of 19
EXISTING USES LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 9 of 19
SUBJECT SITE:
The subject site is a total of 1.6346 acres of which 0.5240 acre is proposed for C-1
(Community Business) where the existing vacant 1,179 square foot building was
previously used as a general store. The southern portion of the site is currently
developed with a 1,835 square foot single family residence which is occupied
on 1.1106 acres and will remain an AG-1 (Agricultural) district.
BACKGROUND AND PREVIOUS ACTIONS:
The applicant states in the letter of intent that the 1,179 square foot building was
used as a general store with gas pumps serving the local community beginning
in the early 1950’s. The current applicant purchased the property from the
Hardeman family in September, 2006. The building was not occupied and the
current owner/applicant requested a determination from Fulton County
whether the store was a legal non-conforming use. Under Fulton County’s
determination, they stated it was a legal non-conforming use. In December,
2006 the applicant obtained permits from Fulton County to refurbish the building
and the work was competed in February, 2007. The work included new
electrical, plumbing and septic systems and antiqued pine flooring was installed
in keeping with the original materials. The porch was added during the
renovation in 2006/2007. The applicant stated that the underground gas tanks
were removed prior to the purchase in September, 2006.
The applicant applied for a business license from the City of Milton in March,
2007 which was denied based on the lack of evidence that the last business
operation obtained a valid business license from Fulton County and operated
less than 6 months from the date of the City’s incorporation. Based on this
determination, the current owner/applicant allowed a potential tenant to
request a rezoning from AG-1 (Agricultural) to MIX (Mixed Use). After further
evaluation of the petition, Staff recommended that the request be changed to
C-1 (Community Development) and recommended denial. The Planning
Commission recommended denial of the request and it was forwarded onto the
Mayor and City Council . At the City Council meeting on August 15, 2007 the
applicant requested a withdrawal of the entire application based on the
recommendations from the Planning Commission and Staff. The City Council
voted to approve the withdrawal as requested by the applicant. Since the
withdrawal of the previous rezoning application, the retail building has remained
vacant.
After the adoption of the Historic Preservation Commission in 2011, the applicant
has also submitted an application for Historic Designation for this structure.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 10 of 19
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1. through 7.,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The proposed C-1 (Community Business) zoning district is inconsistent with
the 2030 Comprehensive Land Use Plan which recommends the site be
developed with Agricultural, Equestrian, Estate Residential. The proposed
1,179 square feet of commercial retail, within the former general store is
inconsistent with the 2030 Comprehensive Land Use Plan and is not
suitable with the adjacent and nearby properties which are scattered
single family residences on large parcels.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed development is more intense than
recommended and will likely have an adverse effect on the use or
usability of adjacent and nearby properties. In addition, the proposed
zoning is inconsistent with the 2030 Comprehensive Land Use Plan and
adjacent and nearby zoning.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The existing store maybe utilized for other uses permitted in the AG-1
(Agricultural) district.
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
It is Staff’s opinion that the proposed use may cause increased burden on
the streets and transportation facilities and utilities.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 11 of 19
The proposed C-1 (Community Business) zoning is inconsistent with the
policies and intent of the 2030 Comprehensive Land Use Plan.
2030 Land Use Plan Map: Agricultural, Equestrian, Estate Residential
(Central Milton Character Area)
Proposed use/density:
General Store / 2,250 square feet per acre
The 2030 Land Use Plan Map suggests Agricultural, Equestrian, Estate
Residential and Low Density Residential on the surrounding properties.
Staff notes that within the Plan, the C-1 (Community Business) district is not
a compatible zoning district. Furthermore, the subject site is located within
the Central Milton Character Area which does not include the C-1
(Community Business) district as a compatible zoning district within this
character area.
The Milton City Council adopted the 2030 Comprehensive Plan as the
City’s Comprehensive Plan on June 6, 2011. It is Staff’s opinion that the
proposed rezoning is inconsistent with the following Plan Policies:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We support appropriate residential and non-residential infill
development and redevelopment in ways that complement
surrounding areas.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Staff notes that there is no evidence supporting an approval of the
proposed commercial use, based on the fact that all the surrounding
properties are zoned for AG-1 (Agricultural) and there have not been any
City Council actions through the rezoning process to support the request.
In addition, the 2030 Comprehensive Land Use Plan recommends the
subject site for Agricultural, Equestrian, Estate Residential uses. Therefore,
based on this information, the rezoning request should be denied.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 12 of 19
Staff notes that the proposed rezoning will have a minimal impact on the
environment and natural resources based on the fact that the structures
are already built.
It is Staff’s recommendation that petition RZ11-19 to rezone from AG-1
(Agricultural) to C-1 (Community Business) for parcel 1 is DENIED based on the
fact that the request is inconsistent with the 2030 Future Land Use Plan and there
is no City Council policy in the area to support the request. The existing single
family residence located within parcel 2 will remain AG-1 (Agricultural).
If the Mayor and City Council choose to approve the request to rezone from
AG-1(Agricultural) to C-1(Community Business), a set of recommended
conditions are included at the end of this report.
SITE PLAN ANALYSIS
Staff notes that on the site plan there is identified two parcels with a property
line bisecting them. Within the analysis below, the property line should be
identified as a “zoning” line. When the analysis discusses zoning line, it is shown
as a property line on the site plan. Based on the applicant’s site plan submitted
to the Community Development Department on October 14, 2011, Staff offers
the following considerations:
Development Standards – SEC. 64-776 for C-1(Community Business) except
where indicated
Front yard – For all property and lots located adjacent to public rights-of-
way and from 0 to 400 feet or more beyond an intersection, buildings shall
be set back no more than 20 feet from the edge of the required
landscape strip or easements (Hopewell and Thompson Roads).
(Northwest Fulton Overlay District) – Consistent
Minimum lot frontage – 35 feet - Consistent
Height - There shall be a maximum height limit of two stories with the
maximum height 30 feet from average finished grade to the bottom of
the roof eave. (Northwest Fulton Overlay District) - Consistent
Side yard (south zoning line) - Determined by the buffer standards
required by the Northwest Fulton Overlay District. - Inconsistent (See
concurrent variances below)
Rear yard (west property line) – Determined by the buffer standards
required by the Northwest Fulton Overlay District. - Consistent
The site plan indicates compliance with the C-1 (Community Business)
development standards except for the side yard adjacent to the south zoning
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 13 of 19
line. Therefore, the applicant is requesting a concurrent variance discussed
below.
Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay
District
Front adjacent to Hopewell Road – 10 foot landscape strip - Consistent
Side Corner adjacent to Thompson Road – 10 foot landscape strip - Consistent
The site plan submitted complies with the requirements for streetscape and
landscape strips of the Northwest Overlay District.
Concurrent Variance Requests:
Landscape Buffers – Sec. 64-1141(3) – Northwest Fulton Overlay District
When non-residential uses are proposed adjacent to single family or AG-1
(Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot
improvement setback are required. The applicant is requesting the following
three part concurrent variance (VC11-05):
Part 1 - To reduce the 50 foot undisturbed buffer and 10 foot improvement
setback to a 10 foot landscape strip along the south zoning line of Parcel 1
intersecting with Hopewell Road and running North 68 degrees 21 minutes 12
seconds West a distance of 89.69 feet.
Part 2 - To reduce the 50 foot buffer and 10 foot improvement setback to a
minimum 40 foot buffer along the south line of Parcel 1 (parallel to Thompson
Road), running from the corner of an existing driveway North 80 degrees 44
minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement
setback line.
Part 3 - To delete the 50 foot buffer and10 foot improvement setback along the
southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48
seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57
feet.
The applicant’s intent is to provide the required buffers on the interior of parcel 2
to provide the Northwest Fulton Overlay buffer standards for the C-1 Community
Business) portion of the request. Based on the recomm endation of denial for the
rezoning request RZ11-19, Staff recommends DENIAL of VC11-05, Parts 1 through
3.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 14 of 19
Other Development Standards
Pursuant to Sect 64-1433 (f)(1) no off-street parking shall be permitted within 25
feet of any property line which adjoins a single-family residential district or use.
Therefore, the applicant is requesting the following concurrent variance (VC11-
05):
Part 4 - To reduce the 25 foot setback for parking adjacent to residentially used
property to 10 feet along the south zoning line.
This concurrent variance is required based on the fact that the parking along
the south zoning line, adjacent to parcel 2 which will remain AG-1 (Agricultural).
Based on the recommendation of denial for the rezoning request RZ11-19, Staff
recommends DENIAL of VC11-05, Part 4.
If the Mayor and City Council choose to approve the rezoning petition and the
concurrent variances, a set of conditions are included at the end of this report.
Parking Requirements
The site plan submitted indicates a total of 7 parking spaces of which one is a
handicap accessible in front of the building. The existing structure proposed for
retail use is 1,179 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces
per 1000 square feet are required. Based on this calculation, a total of 5 spaces
are required. Staff notes that the location of the six spaces depicted on the site
plan will need to be relocated based on conditions required by the Public Works
Department.
Environmental Site Analysis (ESA)
The ESA report is sufficient and satisfies the requirement of Section 64.2126. A
field survey of the site was conducted by Staff to verify areas addressed in the
ESA report. The proposed site does not contain wetlands, floodplains, streams,
steep slopes, or sensitive plant and animal species. Although the building was
listed on the 1996 Fulton County Historical Building survey, it has not yet been
designated historic by the City of Milton Historic Preservation Commission (HPC).
An application for this designation has been submitted by the property owner
and is awaiting review by the HPC.
Staff also notes that in the past the building has operated as a general store with
gas pumps. According to the applicant, the tanks were removed prior to the
purchase of the property.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 15 of 19
Arborist Comments
Based on the site plan and the tree survey provided, none of the trees will be
impacted by the proposed uses.
City of Milton Fire Marshal
There is no outstanding fire code issues associated with the proposed rezoning
as they are now presented.
Design Review Board Courtesy Review Meeting – November 1, 2011
Site should be planted to overlay standards.
Existing structure should be maintained on the property. The ramp and
porch look unfinished. Suggest staining them.
Don’t want to create a precedent for spot commercial zoning.
Public Involvement
On October 26, 2011 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were eight
members of the community in attendance.
The majority of the attendees were in opposition to the proposed rezoning
because they felt that it would set a precedent for future commercial zonings in
the area. A couple of attendees were not in opposition to the proposal based
on the fact that a general store previously operated on the property.
Public Comments – Staff has not received any correspondence regarding this
development.
Public Participation Report
The applicant hosted a public participation meeting on December 6, 2011 at
the applicant’s offices. The applicant has submitted a Public Participation
Report that currently includes the CZIM meeting.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 16 of 19
Conclusion
Staff recommends that RZ11-19 and VC11-05, Parts 1 through 4 be DENIED
based on the fact that the request is inconsistent with the 2030 Future Land Use
Plan and there is no City Council policy in the area to support the request. The
existing single family residence located within parcel 2 will remain AG-1
(Agricultural).
If the Mayor and City Council choose to approve the request to rezone from
AG-1(Agricultural) to C-1(Community Business), a set of recommended
conditions are included at the end of this report.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 17 of 19
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be C-1
(Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the
owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail, service commercial and accessory uses on .524 acre of 1,179
square feet or 2,250 square feet per acre zoned, whichever is less,
but excluding, gas stations and associated gas pumps, service
stations, restaurants, commercial amusements, liquor sales and
package stores, motels, hotels, adult oriented entertainment
businesses including adult bookstores, adult entertainment or adult
entertainment use permit standards as defined in Chapter 64,
Article IX., Division 4, check cashing stores, pawn shops, coin
operated laundries, video arcades (video machines that are
incidental to otherwise permitted businesses are allowed), pool
halls, stand alone massage parlors, stand alone nail salons, stand
alone beauty salons, stand alone barber shops (clinical/therapeutic
spas are allowed and may include less than 400 square feet of
beauty/barber shops and less than 400 square feet of nail salon),
flea markets, second hand surplus retail shops, roadside vending,
roadside produce stands or seasonal vending, billboards, fortune
tellers, day care facilities, rooming house, boarding house, assembly
hall, clinic, community center building, convalescent center/nursing
home/hospice, dancing school, financial establishment, funeral
home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, stand alone
parking lot, personal care home, recording studio research
laboratory, stadium, and thrift institution and any uses permitted
through a Special Use Permit that requires a C-1 (Community
Business) or O-I (Office-Institutional) zoning district. Above described
acreage shall be zoned C-1 (Community Business) Conditional.
b) Agricultural (AG-1) located on 1.11 acres within the overall 1.6346
acre tract as depicted with undisturbed buffers as illustra ted on the
site plan submitted on October 14, 2011.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 18 of 19
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 14, 2011. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit.
Unless otherwise noted herein, compliance with al l conditions shall
be in place prior to the issuance of the Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) To provide a 10 foot landscape strip along the south zoning line of
Parcel 1 intersecting with Hopewell Road and running North 68
degrees 21 minutes 12 seconds West a distance of 89.69 feet. (VC11-
05, Part 1)
b) 40 foot buffer along the south zoning line of Parcel 1 (parallel to
Thompson Road), running from the corner of an existing driveway North
80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10
foot improvement setback line. (VC11-05, Part 2)
c) To delete the 50 foot buffer and10 foot improvement setback along
the southwest zoning line of Parcel 1 described as North 21 degrees 34
minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes
57 seconds West 29.57 feet. (VC11-05, Part 3)
d) To provide a 10 foot setback for parking adjacent to residentially used
property along the south zoning line. (VC11-05, Part 4)
e) To provide a 50 foot undisturbed buffer replanted where sparsely
vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement
setback along the west and west property lines within the AG-1
(Agricultural) district (parcel 2) as depicted on the site plan submitted
on October 14, 2011.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Business License,
Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy
Prepared by the Community Development Department for the
Mayor and City Council Meeting on January 9, 2012 (First Presentation)
12/30/2011 Page 19 of 19
(whichever comes first). Entrance(s) shall conform to Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton Code of
Ordinances, or be reconstructed to meet such criteria as required by
the Department of Public Works. At a minimum the following shall
apply:
i. Driveway(s) shall be modified to provide for one way traffic flow
at a minimum width of 16 feet with entrance on Thompson Rd
and exit only on Hopewell Rd.
ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress
distance of 25 feet measured from the right-of-way line to the
nearest edge of drive or parking space at both the entrance
and exit.
iii. Entrance driveway shall be located a minimum of 300 feet from
nearest intersection or at 95% queue distance measured from
the nearest intersection.
iv. Exit only driveway on Hopewell Rd shall be relocated to obtain
minimum required site distance of 500 feet.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Business License, Land Disturbance Permit, Subdivision Plat or
Certificate of Occupancy (whichever comes first), sufficient land as
necessary to provide the following rights-of-way:
i. Provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, and along the entire property
frontage.
ii. Provide right-of-way miter at intersection of Hopewell Road and
Thompson Road.
ORDINANCE NO._______
PETITION NO. RZ11-19/VC-05
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO C-1 (COMMUNITY DEVELOPMENT) AND AG-1
(AGRICULTURAL) FOR AN EXISTING BUILDING LOCATED AT 15260 HOPEWELL
ROAD HAVING A FRONTAGE OF 245 FEET (22 488005340196)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
January 23, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 15260
Hopewell Road with frontage of 245 feet, consisting of a total of approximately .5240 acre as
described in the attached legal description, be rezoned to the C-1 (Community Business) and atotal
of approximately 1.1106 acres as described in the attached legal description remain AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 534 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the C-1 (Community Business) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and18 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 23rd day of January 23, 2012.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
RZ11-19/VC11-05
If this petition is approved by the Mayor and City Council, it should be C-1
(Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail, service commercial and accessory uses on .524 acre of 1,179
square feet or 2,250 square feet per acre zoned, whichever is less, but
excluding, gas stations and associated gas pumps, service stations,
restaurants, commercial amusements, liquor sales and package stores,
motels, hotels, adult oriented entertainment businesses including adult
bookstores, adult entertainment or adult entertainment use permit
standards as defined in Chapter 64, Article IX., Division 4, check
cashing stores, pawn shops, coin operated laundries, video arcades
(video machines that are incidental to otherwise permitted businesses
are allowed), pool halls, stand alone massage parlors, stand alone nail
salons, stand alone beauty salons, stand alone barber shops
(clinical/therapeutic spas are allowed and may include less than 400
square feet of beauty/barber shops and less than 400 square feet of
nail salon), flea markets, second hand surplus retail shops, roadside
vending, roadside produce stands or seasonal vending, billboards,
fortune tellers, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, stand alone
parking lot, personal care home, recording studio research laboratory,
stadium, and thrift institution and any uses permitted through a Special
Use Permit that requires a C-1 (Community Business) or O-I (Office-
Institutional) zoning district. Above described acreage shall be zoned
C-1 (Community Business) Conditional.
b) Agricultural (AG-1) located on 1.11 acres within the overall 1.6346 acre
tract as depicted with undisturbed buffers as illustrated on the site
plan submitted on October 14, 2011.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 14, 2011. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning Ordinance,
all other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of
the Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) To provide a 10 foot landscape strip along the south zoning line of Parcel
1 intersecting with Hopewell Road and running North 68 degrees 21
minutes 12 seconds West a distance of 89.69 feet. (VC11-05, Part 1)
b) 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson
Road), running from the corner of an existing driveway North 80 degrees
44 minutes 27 seconds West 190.43 feet to the westerly 10 foot
improvement setback line. (VC11-05, Part 2)
c) To delete the 50 foot buffer and10 foot improvement setback along the
southwest zoning line of Parcel 1 described as North 21 degrees 34
minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57
seconds West 29.57 feet. (VC11-05, Part 3)
d) To provide a 10 foot setback for parking adjacent to residentially used property
along the south zoning line. (VC11-05, Part 4)
e) To provide a 50 foot undisturbed buffer replanted where sparsely
vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement
setback along the west and west property lines within the AG-1
(Agricultural) district (parcel 2) as depicted on the site plan submitted on
October 14, 2011.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Business License,
Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy
(whichever comes first). Entrance(s) shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places of the City of Milton Code of
Ordinances, or be reconstructed to meet such criteria as required by the
Department of Public Works. At a minimum the following shall apply:
i. Driveway(s) shall be modified to provide for one way traffic flow at
a minimum width of 16 feet with entrance on Thompson Rd and exit
only on Hopewell Rd.
ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress
distance of 25 feet measured from the right-of-way line to the
nearest edge of drive or parking space at both the entrance and
exit.
iii. Entrance driveway shall be located a minimum of 300 feet from
nearest intersection or at 95% queue distance measured from the
nearest intersection.
iv. Exit only driveway on Hopewell Rd shall be relocated to obtain
minimum required site distance of 500 feet.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Business License, Land Disturbance Permit, Subdivision Plat or Certificate
of Occupancy (whichever comes first), sufficient land as necessary to
provide the following rights-of-way:
i. Provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, and along the entire property frontage.
ii. Provide right-of-way miter at intersection of Hopewell Road and
Thompson Road.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: December 22, 2011 for the January 23, 2012, City Council Meeting (January 9,
2012 First Presentation, January 18, 2012 Work Session)
Agenda Item: RZ11-17 – To amend Article XVI of the Zoning Ordinance (Chapter 64 of the City
Code) – Signs
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to amend the
Sign Ordinance, Article XVI the City of Milton Zoning Ordinance.
Background:
When the City‘s Sign Ordinance was adopted in December 2006, at that time a major effort was
made to write the ordinance ―content neutral‖ to avoid any future legal issues as it pertains to
the U.S. Constitution‘s First Amendment right to free speech. The Sign Ordinance has remained
intact with no major text amendments since it was adopted by the Mayor and City Council in
December, 2006.
During the past five years, the Community Development Department has heard from local
business owners as well as citizens regarding the Sign Ordinance. The overall concern was the
permitted size and number of signs permitted in commercial areas. The following is a list of the
seven top concerns regarding signs:
Signs during sale or lease of property
Signs during construction
Directional signage
Grand opening signage
Banners, size and duration
Incidental signage
Wall signs for multi-tenant building, double frontage buildings, entrance drives in
Crabapple and Birmingham Overlay Districts
A sub-committee was comprised of two Planning Commission members and other concerned
business owners and citizens. After the proposed amendments were completed, the revised
Sign Ordinance was introduced by Staff at a Planning Commission Work Session held on
August 24, 2011. At the September 27, 2011 Planning Commission Work Session there were
approximately fifteen residents and business owners who made public comment on the
proposed text amendment. Again, the primary concern was the size and number of signs
permitted, the percentage of area for window signs permitted in the Crabapple area and the
allowance of neon signs in the Hwy 9 business corridor. The Planning Commission met an
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
additional four times reviewing and editing the Sign Ordinance and recommended approval, 5-0
at its December 21, 2011 Planning Commission Meeting.
Discussion:
The Planning Commission has met and deliberated on the proposed text amendments a total of
six times incorporating the issues discussed at the Planning Commission Work Sessions and
Meetings as well as Staff concerns.
Based on the above input from citizens, business owners and Staff, the following major
amendments were proposed on the attached list.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
PROPOSED CHANGES TO CITY OF MILTON SIGN ORDINANCE
Section 64-2241, Added/clarified definitions
Section 64-2265, Clarified which signs are not subject to the Ordinance
Section 64-2292, Clarified business license requirement
Section 64-2294, Added requirement for permit for window signs
Section 64-2295, Clarified prohibited signs
Section 64-2297, Deleted ‗material change‘
Section 64-2299,
o Changed setback for permanent ground signs to ―20 feet from edge of pavement‖
o Changed setback for temporary ground signs to ―15 feet from edge of pavement‖
Section 64-2303,
o Added additional banner allowance for new businesses
o Increased size of ‗real estate‘ (signs during the sale or lease of property) signs;
differentiated between major roads and other roads.
o Added allowance for ‗graduation‘ banner
Section 64-2324, Highway 9 Overlay
o Added restrictions/requirements to banners for multi tenant commercial buildings
o Increased allowances for window signs
o Changed allowances for internally lit window signs
o Clarified prohibited signs
Section 64-2325, Crabapple Overlay
o Increased allowance for blade signs
o Increased allowance for window signs
o Changed allowances for internally lit window signs
o Added allowance for sandwich board sign
Section 64-2326, Birmingham Overlay
o Increased allowance for blade signs
o Increased allowance for window signs
o Added allowance for sandwich board sign
Section 64-2327—Added Master signage plan requirement
o Required for all newly developed or newly zoned multiple tenant commercial
buildings, multi building developments, mixed use developments, and single
family and multifamily developments.
o Signage plans for developments that require zoning will be approved by the
Mayor and Council, as part of the zoning process
o Signage plans that do not require zoning will be approved by the Community
Development Director, as part of the land disturbance permit (LDP) process
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ARTICLE XVI - SIGNS
DIVISION 1. - GENERALLY
Sec. 64-2241. - Definitions.
Sec. 64-2242. - Purpose and findings.
Sec. 64-2243. - Director's duty to administer and enforce.
Sec. 64-2244. - Applicability.
Sec. 64-2245. - Severability.
Secs. 64-2246—64-2264. - Reserved.
Sec. 64-2241. - Definitions.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not
defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the meanings set forth in such
ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires
otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this
article.
Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support
structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and /or for which no person accepts
maintenance responsibility.
Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to depict
action or create a special effect or scene.
Audible sign means any sign which emits a sound which is audible or emits a signal which can be converted into
audible sounds, whether by radio or other means.
Awning/canopy sign.
(1)
The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning, canopy or other
fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area.
(2)
The term "awning/canopy sign" does not include a marquee.
Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation applied to
cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor awning/
canopy signs are considered banners.
Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not
on the same lot as the light source; also, any light with one or more beams that rotate or move.
Billboard means a freestanding sign with an area of more than 120 square feet and not to exceed 12 feet in height.
Clerestory means any high windows above eye level.
Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign
message or messages, whether such changes are accomplished electronically or manually.
City means the City of Milton, Georgia.
City council means the City Council of the City of Milton, Georgia.
Director means the director of the community development department, or his or her designee.
Fall zone means an area equal to 133 percent of the height of the structure in every direction.
Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other
legal entity or legally organized organization.
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Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use and/or
which exhibits marked changes in lighting effects.
Freestanding sign means any sign supported by structures or supports that are placed on, or anchored in, the
ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent
of a building for support.
Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory structure, wall,
fence, or other site element.
Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws.
Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a device
that changes color, flashes or alternates.
Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, luminous
tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, or alternates.
Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or contain the words
"stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs.
Kiosk means a small structure with one or more sides that is used to vend merchandise or services.
LED means an electronically controlled sign utilizing light-emitting diodes to form some or all of the sign message.
Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage,
and use and that can provide such yards and other open spaces as required by the zoning standards.
Lollypop sign means a pole sign with an additional 3-dimensional shape or sign on the top.
Marquee or marquee sign means any permanent roof-like structure projecting beyond a building or extending along
and projecting beyond the wall of the building.
Monument means a freestanding sign with a base width of not less than the width of the sign face.
Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the
structural movement of parts.
Multitenant means one or more buildings, located on a single premises or development, containing two or more
separate and distinct individual establishments, which occupy separate portions of the building and which are physically
separated from each other by walls.
Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding used as trim
around buildings or windows.
Nonconforming Sign means any sign which was lawfully erected and maintained prior to the adoption, revision or
amendment of this Article XVI of the City of Milton Zoning Ordinance, but which, by reason of such adoption, revision, or
amendment , no longer meets or conforms to one or more such requirements within Article XVI.
Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a
whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the
material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a
patently offensive way, sexual conduct specifically defined as:
(1)
Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
(2)
Acts of masturbation;
(3)
Acts involving excretory functions or lewd exhibition of the genitals;
(4)
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Acts of bestiality or the fondling of sex organs of animals; or
(5)
Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a message of
any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
Permanent sign means any sign which, when installed, is intended for permanent use. A permanent freestanding
sign shall be of a type and construction as not to be easily or readily removed from the lot on which it has been erected.
Permit means a sign permit reviewed, approved, and issued by the city community development department.
Permittee means the person or entity owning or leasing the land on which the sign is erected or for which an
application has been submitted.
Person means a natural or legal person, including a firm, organization, partnership, trust, and corporation.
Pole sign means a freestanding sign with visible support structures.
Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but not limited
to, signs on trailers or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of a
sign.
Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots with
multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clea rly
accessory uses shall not be considered principal buildings.
Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the building.
Public sign means any sign erected by a governmental entity.
Pylon sign means a freestanding sign with visible support structure or with the support structure enclosed with a
pole cover.
Roof sign means any sign erected and constructed wholly on and over the roof of a building, or supported by the
roof structure.
Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object,
building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any
kind to the public.
Sign face means that part of a sign that is or can be used for advertising purposes.
Sign kiosk means a small structure for advertising that contains signs.
Signs not maintained means signs not in good repair, in violation of codes, or containing or exhibiting broken panels,
visible rust, visible rot, damaged support structures, or missing letters.
Standard informational sign means a sign with an area of not greater than four square feet, with a sign face made for
short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater
than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater t han 1½ inches.
Temporary sign means any sign of nonpermanent nature. All such signs shall be removed within three calendar
days after the purpose of which the sign is intended has been accomplished.
Unidentified sign means any sign not specifically identified in this article as a permitted sign.
Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only o ne
sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, exc ept as
otherwise set forth herein.
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Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, whether in use,
no longer in use or an architectural feature.
Window sign means any sign that is affixed to the exterior of the window or window panes, or on or within five feet
of the interior of the window or window panes and is visible from the exterior of the structure. Window signs include decals
and images painted onto the glass. Windows do not include architectural features.
(Ord. No. 09-04-40, art. 33, § 3, 4-27-2009)
Sec. 64-2242. - Purpose and findings.
(a)
Purpose. This article was enacted with the following purposes:
(1)
To protect the rights of individuals and businesses to convey their messages through signs;
(2)
To encourage the effective use of signs as a means of communication;
(3)
To promote economic development;
(4)
To improve traffic and pedestrian safety as it may be affected by distracting signs;
(5)
To prevent the destruction of the natural beauty and environment of the city and to ensure the harmony and
compatibility of the character of the area including its physical appearance, natural setting, informal
landscaping, and preserve the historic character of the city;
(6)
To encourage and ensure that development that is context -sensitive in design and materials compliments
and is compatible and sensitive with the existing character of the area through its proportion, scale, design,
style, placement, position, and architectural qualities that further the distinct values of the city;
(7)
To protect the public health, safety, and general welfare;
(8)
To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the
terms of this article and to eliminate, over time, all nonconforming signs;
(9)
To ensure the fair and consistent enforcement of sign standards; and
(10)
To make it easier, quicker, and more economically efficient to apply for a sign permit.
(b)
Findings. This article was enacted with the following findings in mind:
(1)
The city finds that signs are a proper use of private property, are a means of persona l free expression and
a necessary component of a commercial environment. As such, signs are entitled to the protection of the
law. In the absence of regulation, however, the number of such signs tends to proliferate, with property
owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted
thoroughfares. In addition, the competition among competing sign owners for visibility of their signs
contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original
purpose of presenting a clear message of its idea or identification of its premises.
(2)
The city further finds that the regulation of the size, height, number and spacing of signs is necessary to
protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the
business and economy of the city, to protect the public investment in the streets and highways, to maintain
the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter
and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable
display of advertising for the benefit of all the city's citizens.
(3)
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The city further finds that there is a substantial difference between signs erected by public authority and
signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for
the purpose of maintaining the public safety either through direct control of traffic or through provision of
such type signage as street signs which enable the traveling public to know where they are located and to
find where they are going. As such, with the exception of signs identifying government buildings, virtually a ll
government signs are erected purely for public safety purposes. Moreover, their use in the public right -of-
way is necessary to ensure their visibility to the motoring public. The city commission finds that public utility
signs are frequently of the same nature as those signs erected by governmental entities in that they provide
necessary information to safeguard the public from downed power lines and from street excavations. Even
where signs serve a propriety purpose, such as identifying markings on utility polls, those signs are marked
primarily for the purpose of benefiting the public generally through identification of locations where there
may be temporary losses of power.
(4)
The city further finds that some signage has a single targeted function and that identification of such
signage by description is impossible without referring to its function. For instance, address numerals are
used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses
and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances
to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to
quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls.
While such signage is referenced based upon the function it serves within the context of this ordinance, the
bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum
expressive potential to sign owners.
(5)
The city further finds that most of the city is unique when compared to surrounding areas in terms of the
rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lac k of sewerage
of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside
overlay districts and purposefully developed commercial corridors and the large number of agricultural and
related uses such as horse farms set the city apart from the more commercialized and developed
municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the
drive to incorporate the city as its own unique city. Accordingly, the city determines that it has a substantial
government interest in striking a proper balance between the right of freedom of expression in terms of the
time, place and manner of signage with the need to preserve the pristine character of the city.
(Ord. No. 09-04-40, art. 33, § 2, 4-27-2009)
Sec. 64-2243. - Director's duty to administer and enforce.
The director of the community development department is hereby authorized and directed to administer and enforce
this article, unless otherwise specifically provided by an ordinance of the city council.
(Ord. No. 09-04-40, art. 33, § 4, 4-27-2009)
Sec. 64-2244. - Applicability.
The standards of this article shall apply to all signs erected within the city's corporate limits. This includes those
areas that have been or will be annexed into the city corporate limits.
(Ord. No. 09-04-40, art. 33, § 5, 4-27-2009)
Sec. 64-2245. - Severability.
Should any article, section, clause, or provision of this article be declared by a court of competent jurisdiction to be
invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared
to be invalid, it being the intent of the city council that each article, section, clause, and provision hereof be severable.
(Ord. No. 09-04-40, art. 33, § 27 , 4-27-2009)
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Secs. 64-2246—64-2264. - Reserved.
DIVISION 2. - PERMITS
Sec. 64-2265. - Required.
Sec. 64-2266. - Fees.
Sec. 64-2267. - Application.
Sec. 64-2268. - Rejection.
Sec. 64-2269. - Revocation.
Sec. 64-2270. - Variance.
Sec. 64-2271. - Suspension; termination.
Sec. 64-2272. - Expiration date.
Secs. 64-2273—64-2291. - Reserved.
Sec. 64-2265. - Required.
Except where specifically not required by the standards of this article, it shall be unlawful for any person to post,
display, materially change, or erect a sign in the city without first having obtained a sign permit. Notwithstanding the
foregoing, signs which are not visible from a public right-of-way, private drive, public space, or from neighboring residential
properties shall not be subject to the standards of this article.
(Ord. No. 09-04-40, art. 33, § 6, 4-27-2009)
Sec. 64-2266. - Fees.
No permit shall be issued until the appropriate application has been filed with the director and fees, as set from time
to time by ordinance of the city council, have been paid.
(Ord. No. 09-04-40, art. 33, § 7, 4-27-2009)
Sec. 64-2267. - Application.
(a)
Contents. Applications for sign permits required by this article shall be filed in duplicate by the person owning the
subject property, or the owner's agent, in the office of the director of community development upon forms furnished
by that office. The application shall describe and set forth the following:
(1)
The type and purpose of the sign as defined in this article;
(2)
The value of the sign;
(3)
A survey to scale showing the street address of the property upon which the subject sign is to be located,
the proposed location of subject sign on subject property, the distance of the proposed sign from the
subject property's boundaries, and all existing structures or buildings on the subject property;
(4)
The square foot area per sign and the aggregate square foot area if there is more than one sign face;
(5)
The name and address of the owner of the real property upon which the subject sign is to be located;
(6)
The property owner's written consent, or his or her agent, granting permission for the placement,
maintenance, size, and height of the subject sign to be placed on the property;
(7)
For wall signs, two sets of building elevations;
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(8)
The name, address, telephone number, and business license number of the sign contractor. All applicants
for signs which incorporate electricity must obtain an electrical permit;
(9)
Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the
proposed sign from ground level and adjacent street level; and
(10)
The zoning district in which the subject property is located and a statement of compliance with all
requirements of the zoning district.
(b)
Other zoning requirements. So long as an application conforms to the standards and procedures of this article, the
applicant is exempted from any additional standards, other than standards relating to color, and procedures relating
to signs in this zoning ordinance.
(Ord. No. 09-04-40, art. 33, § 8, 4-27-2009)
Sec. 64-2268. - Rejection.
(a)
Incomplete, false statements. The director shall reject any application that is incomplete, that contains false material
statements or omissions, or that is for a sign which would violate any standard within this article within 30 business
days of receipt of said application. The director may reject at anytime prior to the expiration of the 30-day period, if
the application is incomplete or contains false material statements or omissions, by returning the application to the
applicant.
(b)
Processing time; notice; denial. The city shall process all complete and accurate sign permit applications within 30
business days of the city's actual receipt of a complete and accurate application and upon remittance of the
appropriate sign permit fee. The director shall give notice to the applicant of his or her decision by hand delivery or
by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or
before the 30th business day. If the decision of the director is to deny the application, the decision shall state the
grounds upon which the denial is based. Failure of the city to act within the 30 -day period shall be deemed a denial
of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon t he
date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the
standards of this article will be denied.
(c)
Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for zoning appeals
outlined in this zoning ordinance. However, notwithstanding the foregoing, a final decision will be rendered within 60
days from date an appeal is filed. If a final decision is not rendered within the 60 -day period, the decision sought to
be appealed shall be affirmed.
(d)
Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been
submitted on the date of resubmission, instead of the original submission date. An applica tion which is resubmitted
shall meet all the standards for an original application.
(Ord. No. 09-04-40, art. 33, § 9, 4-27-2009)
Sec. 64-2269. - Revocation.
(a)
Should it be determined that a sign permit was issued pursuant to an application containing a false material
statement or omission, the director shall revoke said permit and the subject sign shall be immediately removed. A
revocation pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this
zoning ordinance.
(b)
However, notwithstanding subsection (a) of this section, a final decision will be rendered within 60 days from the
date an appeal is filed. If a final decision is not rendered within the 60-day period, the decision sought to be
appealed shall be affirmed. The permit for any sign not meeting the standards of this article will be revoked.
(Ord. No. 09-04-40, art. 33, § 10, 4-27-2009)
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Sec. 64-2270. - Variance.
(a)
Limitations. The board of zoning appeals shall be allowed to grant variances to this article.
(b)
Timing. The board of zoning appeals shall hear and decide upon a variance within 80 days of the submission of a
complete and accurate application.
(c)
Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this
article shall be the same procedures as that for seeking a variance from the city's ordinances regulating zoning.
(d)
Standards. The standards which shall be considered for granting a variance from the standards of this article shall
be only the following:
(1)
Relief to this article may only be granted where existing foliage or structures bring about a hardship
whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read
from an adjoining road; or
(2)
The application of the particular provision of this zoning ordinance to a particular piece of property, due to
extraordinary and exceptional conditions pertaining to that property because of its size, shape, or
topography, would create an unnecessary hardship for the owner while causing no detriment to the public;
or
(3)
Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting
minimum letter size, square footage and height requirements can not be read from adjoining public road.
(Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009)
Sec. 64-2271. - Suspension; termination.
(a)
Violation. A violation of any provision of this article shall be grounds for terminating the permit granted by the city to
the permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for
due cause, as hereinafter defined, and until after the permittee is granted a public hearing before the city council.
(b)
Hearing. The permittee shall be given ten days' written notice of the time, place, and purpose of the hearing, with a
statement of the reason for the suspension, revocation, or canceling of such permit and license. The term "due
cause" means the violation of the standards of this article. The termination of the permit does not in any way
preclude the person alleged to have violated the standards of this article from being tried under section 64-2297 or
preclude the city from taking any other action authorized by this Code or any action authorized by law.
(Ord. No. 09-04-40, art. 33, § 12, 4-27-2009)
Sec. 64-2272. - Expiration date.
(a)
A sign permit shall become null and void if the sign for which the permit was issued has not been installed and
completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate
that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been
completed, one 90-day extension may be granted by the director.
(b)
No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a sign at the
same location, a new application for the sign must be processed and another fee paid in accordance with the fee
schedule applicable at such time.
(Ord. No. 09-04-40, art. 33, § 13, 4-27-2009)
Secs. 64-2273—64-2291. - Reserved.
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DIVISION 3. - ADDITIONAL PROVISIONS
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
Sec. 64-2293. - Identification labels; inspection; notice.
Sec. 64-2294. - Signs requiring no permit.
Sec. 64-2295. - Prohibited signs and devices.
Sec. 64-2296. - Violations; penalties.
Sec. 64-2297. - Nonconforming signs.
Sec. 64-2298. - Removal of unlawful or dangerous signs.
Sec. 64-2299. - Sign location.
Sec. 64-2300. - Measurement of sign area.
Sec. 64-2301. - Measurement of sign height.
Sec. 64-2302. - Construction standards.
Sec. 64-2303. - Restrictions based on location.
Secs. 64-2304—64-2322. - Reserved.
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city, unless
and until such entity shall have obtained an occupation (business license) tax certificate issued in the State of Georgia, and a
certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in
effect public liability and property damage insurance in the sum of $25,000.00 for property damage for any one claim, and
public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death to one person. The
certificate of insurance shall state that the insurance carrier shall notify the city 30 days in advance of any termination o r
restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium.
(Ord. No. 09-04-40, art. 33, § 14, 4-27-2009)
Sec. 64-2293. - Identification labels; inspection; notice.
(a)
Identification labels. With each sign permit, the director shall issue a sticker bearing the same number as the permit
with which it is issued. It shall be the duty of the permittee or his or her agent to affix such sticker to the sign in the
lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign
has been, or is being, erected or operated in violation of the standards of this article.
(b)
Inspection. The director shall inspect all existing signs in the city to determine if such signs conform to the standards
of this article. Identification stickers shall be provided for all signs in order to identify existing conforming and
nonconforming signs.
(Ord. No. 09-04-40, art. 33, § 15, 4-27-2009)
Sec. 64-2294. - Signs requiring no permit.
The following shall not count toward the total amount of signage allowed and no permit is required so long as all
standards in this article are met, including the following:
(1)
Numerals displayed for the purpose of identifying property location not to exceed eight inches in height;
(2)
Flags;
(3)
Door signs not to exceed one square foot in size and not more than one sign per door; and
(4)
Temporary standard informational signs in all districts.
(Ord. No. 09-04-40, art. 33, § 16, 4-27-2009)
Sec. 64-2295. - Prohibited signs and devices.
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The following types of signs are prohibited in the city:
(1)
Unidentified signs.
(2)
Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except where specifically
allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary
signs, except where permitted in section 64-2303
(3)
Beacons, search lights, laser lights or images.
(4)
Audible signs.
(5)
Signs in right-of-way, other than those belonging to a government, public service agency, or railroad.
(6)
Signs mounted on a utility pole, water tower or other similar structure, architectural f eatures, traffic signal or
traffic control box and cell towers.
(7)
Roof signs, Marquee signs
(8)
Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a
public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be
permitted, but not when parked within a nonresidential district or AG-1 (Agricultural) developed with a
nonresidential use with the intent to sell that vehicle.
(9)
Obscene signs.
(10)
Illegal activity signs.
(11)
Signs not maintained.
(12)
Abandoned signs.
(13)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(14)
Imitation traffic signs.
(15)
Graffiti.
(16)
Sign kiosks.
(17)
Signs attached/painted to natural objects.
18)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
19)
Internally illuminated window signs, including neon, except as specifically allowed.
20) Signs in landscape strip unless approved by the city arborist.
(Ord. No. 09-04-40, art. 33, § 17, 4-27-2009)
Sec. 64-2296. - Violations; penalties.
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(a)
Noncompliance. No person shall erect on any premises owned or controlled by that person any sign which does not
comply with the standards of this article.
(b)
Dangerous or defective condition. No person shall maintain or permit to be maintained on any premises owned or
controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or
repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this article.
(c)
Separate violation. Each sign installed, created, erected or maintained in violation of this article shall be considered
a separate violation when applying the penalty portions herein.
(d)
Public nuisance. Any violation of this article is hereby declared to be a public nuisance.
(e)
Notice. The director shall give the permittee from one to 14 calendar days written notice, based on the urgency of
the particular situation and the practical considerations of completing measures to comport with the standards of this
article, to correct the deficiencies or to remove the sign which is in violation of this article. If the permittee refuses to
correct the deficiencies or remove the sign, the director will have the sign removed at the expense of the permittee.
(f)
Citations. If any sign or other device covered by this article is, or is proposed to be, erected, constructed, altered,
converted or used in violation of any provision of this article, the director shall issue a citation. Additionally, the city
may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection,
construction, alteration, conversion or use to correct or abate such violation. Any violation of this article shall be an
offense, and the violator shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or
by both such fine and imprisonment.
(Ord. No. 09-04-40, art. 33, § 18, 4-27-2009)
Sec. 64-2297. - Nonconforming signs.
(a)
Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution
or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be
permitted. All nonconforming signs shall be maintained in good repair.
(b)
Repairs. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or
changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the
standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God
or by other circumstances beyond control of the owner of the sign, then such sign may be repaired without regard to
the restrictions of this subsection.
(c)
Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs:
(1)
The advertised business ceases at that location;
(2)
The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or
unkempt; or
(3)
The sign has been damaged to such extent that more than minor repairs or a material change is required to
restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign
comply with all standards of this article. To the extent that any sign allowable hereunder is damaged or
destroyed by an act of God or by other circumstances beyond control of the owner of the sign then such
sign may be repaired without regard to the restrictions of this subsection.
(Ord. No. 09-04-40, art. 33, § 19, 4-27-2009)
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Sec. 64-2298. - Removal of unlawful or dangerous signs.
(a)
Removal. The city may order the removal of any sign in violation of this article by written notice to the permit holder;
or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be
determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued,
such notice shall operate to revoke the permit.
(b)
Procedure following removal order. If the sign is not removed within the time allowable pursuant to a removal order,
the city may remove or cause to be removed the sign and collect the costs therefor.
(Ord. No. 09-04-40, art. 33, § 20, 4-27-2009)
Sec. 64-2299. - Sign location.
(a)
Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as to prevent
free ingress or egress from any door, window, or fire escape.
(b)
Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in
any government right-of-way. No sign may be located any closer than 20 feet to an intersection as measured from
the intersection of the two rights-of-way.
(c)
Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, all
permanent ground signs shall set back 20 feet from the edge of pavement . No sign shall project over the right-of-
way.
All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of pavement. No
signs shall be placed between the road and the sidewalk.
(Ord. No. 09-04-40, art. 33, § 21, 4-27-2009)
Sec. 64-2300. - Measurement of sign area.
(a)
Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon comprised
of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabin et or frame
or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the
structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall
are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous
polygon.
(b)
Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which
the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and
are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the
sign face.
(c)
Multifaced signs. For multifaced signs, when the sign face surfaces are back-to-back, or where the interior angle
formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all
other multifaced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from
any angle.
(d)
Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface.
(Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009)
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Sec. 64-2301. - Measurement of sign height.
The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top
of the highest attached component of the sign. Normal grade shall be construed to be the lower of:
(1)
Existing grade prior to construction; or
(2)
The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating
solely for the purpose of locating the sign.
(Ord. No. 09-04-40, art. 33, § 23 , 4-27-2009)
Sec. 64-2302. - Construction standards.
(a)
Building codes. All permanent signs permitted under this Code shall be constructed and maintained in accordance
with the applicable city building codes. For any sign that is greater than eight feet in height (as measured from
grade) and greater than 32 square feet in area, the permittee must submit, with its application, detailed structural
design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure
and sign face and must be certified by a licensed professional structural engineer. The certifying engineer must also
be able to provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability
insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or
becomes dilapidated.
(b)
Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the texture of the
sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other
advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall
be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood.
(c)
Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is
prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be
screened from the view of the general public with shrubs.
(d)
Construction of bases. Except in the overlay districts, freestanding signs shall have a base not less than one-third
the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone
or other materials which are compatible with the main structure as approved by the community development
department director.
(e)
Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of
freestanding signs.
(Ord. No. 09-04-40, art. 33, § 24 , 4-27-2009)
Sec. 64-2303. - Restrictions based on location.
If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section shall be
prohibited in that district, except as otherwise provided for under this article. The following standards govern signs within
specific zoning districts. The following signs shall be setback at least 15 feet from the edge of pavement.
(1)
Permitted in all zoning districts.
a.
Signs during construction. One sign shall be allowed during construction. A permit shall be
required. The sign may be externally illuminated, shall not exceed 12 square feet in area and five
feet in height, and shall be allowed beginning with the commencement of construction and en ding
with the issuance of the last certificate of occupancy or two years, whichever one shall first occur.
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Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions
as set forth in this subsection.
b.
Temporary standard informational sign. Each lot and/or development may display one standard
informational sign not exceeding four square feet without a permit except that during a political
election or referendum, between the date of qualification of the candidate or the referendum
question and final determination on each ballot issue or candidate, each lot may display an
unlimited number of standard informational signs.
c.
Banners. Banners shall be allowed for a period not exceeding ten consecutive days with no more
than four such ten-consecutive-day periods being permitted per calendar year per lot.
In addition, each new business shall be allowed a banner for 30 consecutive days starting from the
issuance of the business license. All banners mounted on the ground must be supported on all
sides by a pvc frame.
Banners shall not be more than 24 square feet. A permit shall be required. No banner shall be
mounted so as to extend above the horizontal plane of the roof where the building wall and roof
meet or shall not extend more than five feet above grade when on the ground.
d.
Signs during the sale or lease of property. One sign per road frontage . The sign shall not be
internally illuminated. The sign shall not exceed 9 square feet on major roads, and 6 square feet
on all other roads. A permit shall be required for signs greater than 6 square feet.
Major roads include:
US Hwy 19 (GA 400) McGinnis Ferry Road
State Route 9 Arnold Mill Road/State Hwy 140
Windward Parkway Birmingham Hwy/State Hwy 372
Cogburn Road Hopewell Road
New Providence Road
(2)
AG-1 (Agricultural district).
a.
Within the AG-1 (Agricultural district), standards for freestanding signs are as follows:
1.
One maximum 32-square foot, freestanding sign per business or institutional lot shall be
permitted for each street on which the lot has frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced freestanding signs
not to exceed 16 square feet each for each side of a platted single-family subdivision
entrance.
3.
Freestanding signs shall have a maximum height of six feet from finish ed grade, and may
be externally illuminated, and the light shall be screened from view with evergreen
plantings as approved by the community development department director. Signs shall
not have changeable copy.
4.
Flag. Each development may display no more than one flag and flagpole and, in addition,
each single family detached residential lot within each development may display not more
than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall
not be more than 24 square feet.
5.
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Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
6.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
(3)
Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP
districts, standards for freestanding signs are as follows:
1.
One maximum 32-square foot, freestanding sign per business or institutional lot shall be
permitted for each street on which the lot has frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced freestanding signs
not to exceed 16 square feet each for each side of a platted single-family subdivision
entrance.
3.
Freestanding signs shall have a maximum height of six feet from finish ed grade, and may
be externally illuminated, the light shall be screened from view with evergreen plantings
as approved by the community development department director and shall not have
changeable copy.
4.
Flag. Each lot may display no more than one flag and flagpole. The flagpole shall not
exceed 20 feet in height. Flag size shall not be more than 24 square feet.
5.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
(4)
Apartment and townhouse residential districts.
a.
Within the apartment and townhouse residential districts, standards for freestanding signs are as
follows:
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
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7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
8.
Flags. Each development may display no more than one flag and flagpole. The flagpole
shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
9.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
10.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall sign shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
c.
Window signs. Not more than three window signs per development shal l be allowed and shall not
be larger than four square feet or cover more than five percent of the area of each window in
which a sign is placed, whichever is less. Such signs shall not be illuminated.
(5)
O-I districts. Within the office-institutional districts, standards for signs are as follows:
a.
Billboards. Within office-institutional (O-I) districts, freestanding signs shall not exceed 120 square
feet and shall be located according to the following standards:
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
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3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except for the sign, no parking areas, pedestrian areas, roadways,
buildings, structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which located.
b.
Freestanding signs.
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
8.
Flag. Each development may display no more than one flag and/or flagpole. The flagpole
shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
c.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
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Wall sign shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(6)
Mixed-use districts. Within the mixed-use districts, standards for signs are as follows:
a.
Freestanding signs.
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
8.
Flag. Each development may display no more than one flag and flagpole and, in addition,
each single-family detached residential lot within each development may display not
more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Fl ag size
shall not be more than 24 square feet.
9.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
10.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may haven an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
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6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(7)
Commercial and industrial park districts (M-1A). Within the commercial and industrial park districts,
standards for signs are as follows:
a.
Billboards. Within commercial (C-1) and industrial park (M-1A) districts, freestanding signs shall
not exceed 120 square feet and shall be located according to the following standards:
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except for the sign, no parking areas, pedestrian areas, roadways,
buildings, roadways, structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which located.
b.
Freestanding signs.
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Sign may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
8.
Flag. Each development may display no more than one flag and flagpole. The flagpole
shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
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c.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet or
three percent of the wall area.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(8)
Industrial districts. Within industrial districts, standards for signs are as follows:
a.
Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed 120
square feet and shall be located according to the following standards:
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings,
structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which located.
b.
Freestanding signs.
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
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3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
planting as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
c.
Walls signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(9)
Mobile home park districts. Within mobile home park districts, standards for signs are as follows:
a.
Freestanding signs.
1.
There shall be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
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Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
8.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
9.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have an
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009)
Secs. 64-2304—64-2322. - Reserved.
DIVISION 4. - OVERLAY DISTRICTS
Sec. 64-2323. - This division takes precedence.
Sec. 64-2324. - State Route 9 Overlay District signs.
Sec. 64-2325. - Crabapple Crossing Overlay District signs.
Sec. 64-2326. - Birmingham Crossing Overlay District signs.
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Sec. 64-2323. - This division takes precedence.
The standards and requirements of this division shall take precedence over citywide standards and requirements
with in the boundaries of the given overlay district.
(Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009)
Sec. 64-2324. - State Route 9 Overlay District signs.
(a)
All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. The
structure/base should match the principal building materials.
(b)
Multitenant developments are allowed one primary monument for the overall devel opment which shall not exceed a
maximum surface area of 48 square feet and a maximum height of 12 feet.
(c)
Multitenant developments on corner lots are allowed an additional monument sign on the secondary street at the
project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four
feet.
(d)
For multi tenant retail, commercial, office, or institutional developments:
1. Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in Section 64-2303.
2. The banner shall be placed on the tenant’s storefront or wall space.
3. If building location renders installation on the wall not visible from the road, an administrative variance may
be applied for to allow the banner to be installed on the ground. The variance shall condition the banner
placement to a specific location on the development.
i.) All ground mounted banners shall be installed on a PVC frame.
ii.) If the banner is required to be placed behind a fence, the banner shall have a vertical
orientation.
4. No more than four ground mounted banners may be displayed in a zoned development at one time.
(e)
Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of
32 square feet and a maximum height of six feet.
(f)
Gas stations, convenience stores, discount warehouses and similar facilities that sell gas oline may have an
additional 24 square feet of surface area and not to exceed six feet in height.
(g)
Two or more businesses that share a single tenant space are limited to one monument sign, which shall not exceed
a maximum surface area of 32 square feet and a maximum height of six feet.
(h)
Monument signs shall be set back a minimum ten feet from the public right -of-way and shall be a minimum of 35 feet
from any other identification monument.
(i)
Each place of business is allowed a maximum of two wall signs.
(j)
Wall signs shall face public streets and pedestrian parking areas.
(k)
Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length
of the sign shall not exceed ten times the height of the sign.
(l)
Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block
visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the calculation of
the applicable sign area. The area of clerestory windows is excluded from the calculations of the applicable sign area.
(m)
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The following information may be permanently displayed in windows or glass doors and is exempt from the twenty
percent limit: street address, required to be posted by local, state or federal governments. The lettering for this
information shall be four inches tall or as required by fire prevention code. Also exempt are store hours and security
information.
(n)
As an exception to the prohibition in (r), each commercial establishment shall be entitled to either one sign,
maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square
feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a
window sign, not more than 10 feet from the floor, with at least one sign being not more than 5 feet from the
entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or
fluctuating and may not be animated in any way and may only be illuminated during the time the establishment is
open to the public for business
Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this Section.
(o)
Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof
line or outer edges of the building.
(p)
Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If
substituted, they shall be included in the maximum size calculations.
(q)
The architectural color standards of the district apply only to the si gn structure not to the sign face. See the following
table.
(r)
Prohibited sign types.
(1)
a) posters, placards
b) blinking, rotating, projecting, flashing, fluctuating or otherwise animated
c) pylon, pole, lollypop
d) roof, marquee
e) portable, attached to vehicles
f) sandwich, a-frame
g) changeable copy signs
h) electronic/manual reader boards, changeable copy
i) Internally illuminated window signs (except as allowed in Section 64-2324(n))
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
White Reds
168C, 181C,
483C, 484C,
675C, 1685C, 4975C
Browns, Beiges and Tans
462C to 468C;
4625C to 4685C,
469C, 474C, 475C;
4695C to 4755C
478C,
719C to 724C
725C to 731C
476U to 482U
719U to 725U
726U to 732U
Red-Browns
1154U, 1395
1405U
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(2)
Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or
commercial activity shall not be parked or stored within 100 feet of the cu rb of any public right-of-way. This
standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting
customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right -of-
way after hours if the vehicles are visible from the public right-of-way.
(s)
Wall signs may be internally illuminated.
(t)
Monument signs shall be externally illuminated.
STATE ROUTE 9 OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009)
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Sec. 64-2325. - Crabapple Crossing Overlay District signs.
(a)
Freestanding signs.
(1)
All signs must meet the following standards:
a.
Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, nor
computerized changeable copy. Theatres, schools, churches, parks and gas stations may have
changeable copy that is changed manually.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be screened from
view with evergreen plantings as approved by the community development department director.
c.
The sign structure shall be constructed of wood, brick or st one or a material which has the
appearance of wood, brick, or stone as approved by the community development department
director and to the extent possible shall be the same material as the predominant material of the
principal building.
d.
The sign face and sign letters shall be made out of wood, a material which has the appearance of
carved, distressed, or sandblasted wood or stone as approved by the community development
department director. Plastic inserts are prohibited.
e.
The sign shall be supported either on one side or on both sides (i.e., shingle sign).
(2)
Nonresidential multitenant building and development.
a.
The maximum height shall be eight feet from finished grade.
b.
The maximum size of the sign area shall be 32 square feet.
c.
There shall be one sign per right-of-way frontage and it shall be located at the project entrance.
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(3)
Nonresidential single tenant building.
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size of the sign area shall be 20 square feet.
c.
There shall be one sign per right-of-way frontage and it shall be located at the project entrance.
(4)
Residential uses.
a.
Maximum height shall be six feet from finished grade.
b.
Each residential development may have a maximum of two 12 square foot signs not to exceed 24
square feet or one 16 square foot sign per entrance.
(b)
Wall signs.
(1)
Wall signs shall not have changeable copy.
(2)
If illuminated, wall signs shall be externally illuminated and directed downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs
can hang from the building.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of carved,
distressed, or sandblasted wood as approved by the community development department director.
(5)
A business may have one wall sign. The sign can be flush against the wall or it can hang from the building.
The size shall be three percent of the applicable wall area. Corner buildings may have an additional wall
sign.
(6)
A business may have an additional sign perpendicular to the wall with a maximum sign area size of four
square feet.
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(c) Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not
block visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the
calculation of the applicable sign area. The area of clerestory windows is excluded from the calculations of
the applicable sign area.
As an exception to the prohibition in (e), each commercial establishment shall be entitled to either one sign,
maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square
feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a
window sign, not more than 10 feet from the floor, with at least one sign being not more th an 5 feet from the
entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or
fluctuating and may not be animated in any way and may only be illuminated during the time the
establishment is open to the public for business.
Any sign on or within five feet of a window is considered a window sign, for the purposes of application of
this section.
(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green ,chalkboard type
d) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet from
building
e) not allowed to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
g) max height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Refer to the following table for sign structure colors for the Crabapple Crossroads.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
1807C
2C-7C
289C
316C
401-405C
407-412C
423C
424-425C
448-450C
4485U
4495C
451C
497
553
5536
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835
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(e)
Prohibited sign types.
1. monument
2. pylon, pole, lollypop, projecting signs
3. roof, marquee
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated
6. portable, excluding sandwich signs
7. posters, placards
8. internally illuminated wall signs
CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009)
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
4491C
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
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Sec. 64-2326. - Birmingham Crossing Overlay District signs.
(a)
Freestanding signs.
(1)
All signs must meet the following standards:
a.
Signs shall not have changeable copy, including scrolling, rotating, flashing, or computerized
changeable copy.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be directed
downwards.
c.
The sign structure shall be constructed of wood, brick or stone and to the extent possible , shall be
the same material as the predominant material of the principal building.
d.
The sign face shall be made out of wood, a material which has the appearance of carved,
distressed, or sandblasted wood, or stone, as approved by the community development
department director. Plastic inserts are prohibited.
e.
The sign shall be supported either on one side or on both sides (i.e., shingle sign).
(2)
Nonresidential multitenant building and development.
a.
The maximum height shall be eight feet from finished grade.
b.
The maximum size of the sign area shall be 32 square feet.
c.
There shall be one sign per right-of-way frontage.
(3)
Nonresidential single tenant building.
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size of the sign area shall be 20 square feet.
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c.
There shall be one sign per right-of-way frontage.
(4)
Residential uses.
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size shall be 16 square feet.
c.
Each residential development may have a maximum of one sign per entrance.
(b)
Wall signs.
(1)
Wall signs shall not have changeable copy.
(2)
Wall signs shall be externally illuminated and directed downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof line.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of carved,
distressed, or sandblasted wood as approved by the community development department director.
(5)
A business may have one wall sign. The sign can be flush agai nst the wall or it can hang from the building.
The size shall be three percent of the applicable wall area. Corner buildings may have an additional wall
sign.
(6)
A business may have an additional sign perpendicular to the wall with a maximum sign area size of four
square feet.
(7)
A portion of the wall sign can be placed on an overhang or a canopy.
(8)
Any sign within five feet of a window is considered a window sign for the purposes of application within this
section.
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(c)
Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not
block visibility from outside the store. The area of the doors and clerestory windows are excluded from the
calculation of the applicable sign area. Internally illuminated window signs are prohibited.
(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green, chalkboard type
d) location shall be ADA compliant (minimum 36 inches from the building); no more than 10 feet from
building
e) not allowed to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
g) max height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Refer to the following table for sign structure color in the Birmingham Crossroads Overlay.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
1807C
2C-7C
289C
3316
401-405C
407-412C
412C
415-419C
423C
424-425C
448-450C
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
491C
4975
553
5363
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835U
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
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(e)
Prohibited sign types.
1. pylon, pole, lollypop, projecting signs
2. monument
3. roof, marquee
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated
6. portable, excluding sandwich signs
7. posters, placards
8. internally illuminated wall signs
9. internally illuminated window signs
BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009)
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DIVISION 5. – OTHER SIGN REQUIREMENTS
Sec. 64-2327.- Master Signage Plan.
Secs. 64-2329—64-2345. - Reserved.
Sec. 64-2327 – Master Signage Plan
a. Purpose
1. A Master Sign Plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior
signs associated with a multi-tenant / multi-building development. The master sign plan shall ensure long term aesthetic
compatibility of signage throughout the development. All specific requirements of the master signage plan must be met in
conjunction with the Overlay signage requirements of the City of Milton.
2. The goal of a Master Sign Plan is to:
a) Adequately and effectively communicate business identity and type to the public;
b) Promote consistency among signs within a development, thus creating visual harmony between signs, buildings,
landscaping and other components of the property;
c) Enhance the compatibility of signs with the architectural and site design features within a development;
d) Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place.
e) Protect the community from sign clutter and visual blight resulting from excessive and redundant signs.
b. Applicability
1. A Master Sign Plan is required for all newly developed or zoned multiple-tenant, commercial buildings, all multi-building or
multi-occupant commercial or office developments, all mixed use developments, single family and multi family
developments.
c. Approval Authority
1. A Master Signage Plan for a property that does not require rezoning, shall be reviewed by the City of Milton Department
of Community Development as part of the site plan review process, and must be approved by the Director of
Community Development. If the property is undeveloped, and/or requires rezoning, it shall be reviewed as part of the
rezoning/use permit process, and must be approved by the Mayor and City Council. A separate sign permit will be
required for all non exempt signs (as indicated in the City of Milton sign ordinance).
d. Application requirements
1. The applicant shall develop a master signage plan for all sign elements in the development based on the sign
requirements established in Article XVI of the City of Milton Zoning Ordinance. A master signage plan application shall be
a written and/or illustrated document to depict the proposed signs, which shall include the following:
2.
a) Proposed sign palette, which may include:
1) Entryway sign
2) Primary multitenant freestanding signs
3) Secondary multi tenant freestanding signs
4) Single tenant/outparcel freestanding signs
5) Office/industrial park project freestanding sign
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6) Residential development freestanding signs
7) Secondary residential development freestanding signs
8) Tenant directory freestanding signs
9) Tenant directory wall signs
10) Directional freestanding signs
11) Temporary standard informational signs
12) Real estate signs
13) Temporary banners
14) Signs during construction
15) Wall signs
16) Shingle signs
17) Window signs/graphics
18) Awning/canopy signs
19) Tenant informational signs
b) Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in the sign
palette;
c) Size and number of all proposed signs, including maximum area, letter height, number height, etc.;
d) Color and style palette for all signs, including context of where signs are to be placed on any given façade;
e) Type of illumination proposed (external, internal, etc.);
f) Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other landscaping
elements that are intended to complement the proposed sign palette and design;
g) Location map;
h) Photos of property as it appears from the street;
i) Any other information as required by the Zoning Ordinance.
e. Design Guidelines
1. The sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion;
however, the "guidelines" are not as strict as sign "standards." The review authority may interpret the design guidelines wi th
some flexibility in their application to specific signs/projects, as not all design criteria may be workable or appropriate for each
sign or project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline
determined by the review authority to be more important in the particular case. The overall objective is to ensure that the spirit
and intent of the design guidelines are followed.
The signs shown below are for illustrative purposes only, and are not drawn to scale.
2. Signs by type:
a) Entryway sign. Means a ground sign which is placed on the perimeter of a mixed use development, community or area
to identify the name of the community and/or interior projects. Such signs may flank both sides of the entrance and may
include ground or landscape wall sign types.
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b) Primary multitenant freestanding signs. Multitenant means one or more buildings, located on a single premises or
development, containing two or more separate and distinct individual establishments, which occupy separate portions
of the building and which are physically separated from each other by walls. Freestanding sign means any
permanent sign supported by structures or supports that are placed on, or anchored in the ground and that are
independent from any building or other structure. Provides formal identification of the entire project to arterial t raffic.
It is designed to maximize visibility to vehicular traffic in all directions. All freestanding signs must be setback at least
twenty feet from the edge of pavement. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building. Except in the Highway 9 Overlay District, the sign faces shall be
made out of wood or other material which has the appearance of carved, distressed or sandblasted wood. In the
Highway 9 Overlay, all free standing signs shall be monuments with the width of the base equal to the width of the
sign face. All freestanding signs shall be externally illuminated.
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c) Secondary multitenant freestanding signs. Means as stated above, only smaller. Allowed for multi -tenant
development on corner lots. Must be placed on the secondary street at the project entrance. Materials/types per the
Ordinance/Overlay. Shall be externally illuminated.
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d) Single tenant/outparcel freestanding signs. Means as stated in Sec. 64-2327(2)(b), only for single tenant sites and
platted outparcels. Materials/types per the Ordinance/Overlay. Shall be externally illuminated.
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e) Office /industrial park project identification freestanding signs. Means a ground sign that identifies a pl atted office park or
industrial park. These signs would be located at the entrance to the park.
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f) Residential development freestanding signs. A ground sign that may be placed at the entrance to single family or
multifamily residential developments only in order to identify the name of the development.
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g) Secondary residential development freestanding signs. A pillar type ground sign that indicates a change in
residence type in mixed use developments; signage indicating amenities in a residential development ,
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h) Tenant directory freestanding signs. Means a ground sign which provides a listing of the names of businesses, activities,
addresses, locations, uses or places within a building or complex of buildings for the purpose of identification only. These
signs are placed internal to the development or community, and cannot be read from the right of way.
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i) Tenant directory wall signs. Means a wall sign which provides a listing of the names of businesses, activities, addresses,
locations, uses or places within a building or complex of buildings for the purpose of identification only. These signs are
placed internal to the development or community, and cannot be read from the right of way.
Allowances: 12 square feet max
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j) Directional freestanding signs. Means signs used at driveways to improve public safety and to enhance
public access to the site from public streets. Used to direct pedestrian or vehicular traffic on a parcel. These
signs shall be externally illuminated. Maximum height shall be three (3) feet.
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k) Temporary standard informational signs. Means a sign with an area of not greater than four square feet, with a sign face
made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height
not greater than five feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½
inches. No permit is required for these signs.
Allowances: 4 square feet in all zoning districts; max 5 feet in height. 3 max per residential lot. 1 max per
commercial lot.
l) Sandwich boards. Means an A- frame sign; black or green chalkboard type with a wood frame. Maximum height of
four feet; six square feet per panel
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m) Real estate signs. Means temporary freestanding signs which indicate that a tenant space, building or vacant lot is
currently for sale, lease or rent.
Allowances: One sign per road frontage; max height 5 feet. 9 square feet on major roads (See Section 64-2303);
6 square feet on all others.
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n) Temporary banners. Banner means a sign other than a flag with or without characters, letters, illustrations or
ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or witho ut a frame.
Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage).
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o) Signs during construction. Means a temporary, freestanding sign that shall be allowed beginning with the commencement
of construction and ending with the issuance of the last Certificate of Occupancy, or two years, whichever one shall first
occur. Thereafter, the permitee may reapply for a renewal permit subject to same termination conditions as above. If
lighted, the sign shall be externally illuminated.
Allowances: 12 square feet, max 5 feet high
p) Wall signs. Means any sign attached parallel to a wall, painted on the wall surface or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only
one sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as
otherwise set forth herein.
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q) Shingle signs. Means a sign suspended from a roof overhang of a covered porch or walkway or attached to a building
wall fascia, which identifies the tenant of the adjoining space. These signs are installed perpendicular to the wall.
Allowances: 4 square feet per business
r) Window signs/graphics. Window sign means any sign, cut-out letters, painted text or graphics, window film, or other text
or visual presentation that is affixed to the interior or exterior of the window or window panes, or within five feet of the
interior of the window or window panes and is visible from the exterior of the structure.
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s) Awning/canopy signs. The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning,
canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. The
term "awning/canopy sign" does not include a marquee. May be substituted for monument or wall signs. If substituted
they shall be included in the maximum size calculations.
t) Tenant informational signs. Means wall or ground signs intended primarily for the convenience of the public or to ensure
the orderly operation of the site, including but not limited to signs designating restrooms, address numbers, public telephone,
and instructions regarding parking.
Allowances: 12 square feet max with no single sign greater than 4 square feet
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u) PROHIBITED SIGNS
The following types of signs are prohibited in the Master signage plan:
(1)
Unidentified signs.
(2)
Moving sign, sandwich board and signs applied directly to sidewalk or curb (except where specifically
allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary
signs, except where permitted in Sections 64-2325,c and -2326,c.
(3)
Beacons, search lights, laser lights or images.
(4)
Audible signs.
(5)
Signs in right-of-way, other than those belonging to a government, public service agency, or railroad.
(6)
Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or
traffic control box and cell towers.
(7)
Roof signs, Marquee signs
(8)
Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a
public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be
permitted, but not when parked within a nonresidential district or AG -1 (Agricultural) developed with a
nonresidential use with the intent to sell that vehicle.
(9)
Obscene signs.
(10)
Illegal activity signs.
(11)
Signs not maintained.
(12)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(13)
Imitation traffic signs.
(14)
Sign kiosks.
(15)
Signs attached/painted to natural objects.
(16)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
(17)
Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n and -2325,c.
(18) Signs in landscape strip unless approved by the city arborist.
Secs. 64-2329—64-2345. - Reserved.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE________
AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE - SIGNS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on January 23, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to size,
number and type of signs and adding a Master Signage Plan for signs 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 23rd day of January, 2012.
_____________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, City Manager
Date: Submitted on December 8, 2011 for First Presentation at the December 19, 2011
Regular Council Meeting and the January 9, 2012 Regular Council Meeting for
Ratification
Agenda Item: Approval of An Ordinance to Amend Chapter 2, Article VI, Division 11,
Purchasing Policies, Section 2-62.
CMO (City Manager’s Office) Recommendation:
To amend the City’s purchasing policies relating to the procurement of “professional services”.
Background:
The current Ordinance defines “professional services” to mean “services requiring a specialized
bachelor’s degree or a graduate degree and also requiring licensing or certification by a Georgia
statewide authorizing entity, including, but not limited to, engineering and architectural services,
accounting services, and legal services.”
Discussion:
Staff has found that the procurement of professional planning services (not subject to
competitive bidding if less than $30,000) is precluded by the current definition of “professional
services” since professional city planners who have certification as certified planners (AICP),
receive their accreditation/certification from a national authorizing entity, rather than through a
state certification process. In order to alleviate this limitation for professional planners, it is
proposed that the definition of “professional services” be expanded so as to allow for licensing
or certification by a statewide “or national” authorizing entity. This would retain the intent of the
ordinance while allowing for professional city planners to be included within the current
definition.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO AMEND THE CITY’S PURCHASING POLICIES TO ALLOW FOR
THE OPTION OF PROCURING PROFESSIONAL SERVICES TO INCLUDE
NATIONAL LICENSING OR CERTIFICATION FOR PROFESSIONALS AND FOR
OTHER PURPOSES.
WHEREAS, the Purchasing Policies of the City of Milton currently require that all contracts for
services, with certain limited exceptions, be procured through a procurement process;
WHEREAS, the mayor and council of the City of Milton recognize that the specialized nature of
professional services often results in the need to procure such services without utilizing a
competitive procurement process; and
WHEREAS, the Mayor and Council of the City of Milton thus desire to amend the City’s
Purchasing Policies to allow for the procurement of professionals services without utilization of
a competitive procurement process and to permit national licensing or certification;
BE IT ORDAINED by the Mayor and City Council of the city of Milton, Georgia as follows:
Section I:
Chapter 2, Article VI, Division 11, Section 2-621 of the purchasing Policies of the Financial
Management Program contained in Ordinance No. 06-11-05, approved by the Mayor and
Council of the city of Milton on November 21, 2006 and amended in Ordinance No. 10-04-63 on
April 26, 2010, is hereby amended to read as follows:
Sec-2-621 – Scope
The scope of this purchasing policy covers the procurement of all materials and services, except
as otherwise provided below regarding professional services, as defined below, without
regarding to the past method by which the material or service has been or is customarily
procured. The policy covers all contractual and purchase agreements between the City of Milton
and another company or person. The procurement function includes the initial
agreement/purchase, renewals, changes and/or re-negotiations. This policy establishes the
specific responsibility and authority of the procurement of materials and services.
For clarification purposes, these purchasing policies are not required to be followed by
organizations provided services, directly or indirectly to the city through service orientation
contract personnel. Those contractual agreement of service oriented in nature were procured in
conjunction with the creation of the city. However, as part of the audit process, the organizations
providing services, either directly or indirectly to the city shall have their internal controls and
accounting processes evaluated and a measure of assurance given as a requirement of completion
of the city's annual audit.
Professional services shall not be subject to the bidding or other competitive procurement
requirements of these purchasing policies so long as the anticipated value of such services is
$30,000.00 or less and further provided that all contracts for professional services shall be
subject to approval requirements of Article V(C)(6)(b) of these purchasing policies. The city
may, in its sole discretion, utilize competitive procurement methods in the procurement of
Professional Services, irrespective of the exemption noted above. For the purposes of this
paragraph, the term "professional services" shall mean services requiring a specialized bachelor's
degree or a graduate degree and also requiring licensing or certification by a Georgia statewide
or national authorizing entity, including, but not limited to, engineering and architectural
services, accounting services, and legal services.
Section II:
This Ordinance Number __________ shall become effective immediately upon adoption by the
mayor and Council of the City of Milton. Any and all existing or re-existing ordinances
covering the same matters as embraced in this ordinance are hereby repealed, and all ordinances
or part of ordinances inconsistent with the provisions of this Ordinance are hereby repealed.
ORDAINED this the 9th day of January, 2012
____________________________
Joe Lockwood, Mayor
Attest:
_______________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO.11-06-177, A RESOLUTION
APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF
ZONING APPEALS BY APPOINTING A BOARD MEMBER FOR DISTRICTS 2, 4, AND 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
January 9. 2012 at 6:00 p.m. as follows:
SECTION 1. That_____________ (District 2) is hereby appointed commencing January 9,
2012 and ending on December 31, 2015;
SECTION 2. That_____________ (District 4) is hereby appointed commencing January 9,
2012 and ending on December 31, 2015;
SECTION 3. That_____________ (District 6) is hereby appointed commencing January 9,
2012 and ending on December 31, 2015;
SECTION 4. That this Resolution shall become effective upon its adoption.
RESOLVED this 9th day of January 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-11-196, A RESOLUTION
APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON DESIGN
REVIEW BOARD FOR DISTRICTS 2, 4 AND 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
January 9, 2012 at 6:00 p.m. as follows:
SECTION 1. That_____________ (District 2) is hereby appointed for a term commencing January 9,
2012 and ending on December 31, 2013; and
SECTION 2. That _____________(District 4) is hereby appointed for a term commencing January 9,
2012 and ending on December 31, 2013; and
SECTION 3. That_____________ (District 6) is hereby appointed for a term commencing January 9,
2012 and ending on December 31, 2013; and
SECTION 4. That this Resolution shall become effective upon its adoption.
RESOLVED this 9th day of January, 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-04-174, A RESOLUTION
APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON
HISTORIC PRESERVATION COMMISSION BY APPOINTING A BOARD MEMBER
FOR DISTRICTS 2, 4, AND 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on the 9th day of January 2012 as follows:
SECTION 1. That_____________ (District 2) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 2. That _____________(District 4) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 3. That_____________(District 6) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 4. That this Resolution shall become effective upon its adoption;
RESOLVED this 9th day of January, 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk (Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-03-173, A RESOLUTION
APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PARKS
AND RECREATION ADVISORY BOARD BY APPOINTING A BOARD MEMBER FOR
DISTRICTS 2, 4, AND 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on January 9, 2012 at 6:00 p.m. as follows:
SECTION 1. That_____________ (District 2) is hereby appointed for a term
commencing January 9, 2012 and ending on December 31, 2015; and
SECTION2. That_____________ (District 4) is hereby appointed for a term
commencing January 9, 2012 and ending on December 31, 2015; and
SECTION 3. That_____________ (District 6) is hereby appointed for a term
commencing January 9, 2012 and ending on December 31, 2015; and
SECTION 4. That this Resolution shall become effective upon its adoption.
RESOLVED this 9th day of January, 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 10-01-127, A RESOLUTION
APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON
PLANNING COMMISSION BY APPOINTING A BOARD MEMBER FOR DISTRICTS
2, 4, AND 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on the 9th day of January 2012 as follows:
SECTION 1. That_____________ (District 2) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 2. That_____________ (District 4) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 3. That_____________(District 6) is hereby appointed for a term
commencing January 9, 2012 and ending December 31, 2015; and
SECTION 4. That this Resolution shall become effective upon its adoption;
RESOLVED this 9th day of January, 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk (Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION ESTABLISHING ISSUES TO BE REVIEWED BY THE CITY OF
MILTON CHARTER COMMISSION
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in
regular session on the 9th day of January, 2012 as follows:
WHEREAS, pursuant to Section 7.18 of the Charter for the City of Milton,
Georgia, five years after the inception of the City of Milton, the mayor and city
council shall call for a Charter Commission to review the city's experience and
recommend to the General Assembly any changes to the City Charter; and
WHEREAS, in accord with Section 7.18 of the Charter, the Milton Charter
Commission was established on Monday, December 5, 2011; and
WHEREAS, pursuant to the Resolution establishing the Charter Commission, the
Milton City Council is required to provide the Charter Commission with a list of
those Charter-related issues for which it would request the Commission pay
particular attention; and
WHEREAS, at the Milton City Council December 12, 2011 work session, the
City Manager presented to the City Council a comprehensive list of Charter-
related items proposed for the Charter Commission to review (List attached
hereto as Exhibit A).
WHEREAS, at that the December 12 meeting, the City Council indicated being
comfortable with all of the presented items, except for a single item identified as
and titled “Ordinance Adoption”; and,
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, as follows:
1. That the list of Charter issues presented at the December 12, 2011 work session,
Exhibit A, is hereby approved by the City Council as the list of items to be
tendered to the Charter Commission, with the exception of item “Ordinance
Adoption,” on said list.
2. That Exhibit A, less item “Ordinance Adoption”, be forwarded to the Charter
Commission as the approved City Council list of Charter-related issues for
consideration and review.
RESOLVED this 9th day of January, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
December 12, 2011
Milton City Council Workshop
Charter Commission
Exhibit A to Resolution presented January 9, 2012 at the Milton City Council Meeting
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Charter Commission
Milton Charter Section 7.18
“At the first regularly scheduled city council meeting, five years after the inception of the City of Milton, the mayor and city council shall call for a Charter commission to review the city‟s experience and recommend to the General Assembly any changes to the City Charter. Members of the Charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation.”
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Charter Commission Members
Robert Meyers – Appointed by Mayor Joe Lockwood
David Shannon – Appointed by Milton City Council
Gordon Hunter – Appointed by Speaker Pro Tem Jan Jones
George Ragsdale – Appointed by Senator David Shafer
Ron Wallace – Appointed by Senator John Albers
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Summary of Areas
Millage Rate “Cap”
Powers of the Mayor
Ordinance Adoption
Salaries of the Elected Officials
Term Limits
Contract Execution
Powers of the City Manager
Selection of Mayor Pro Tempore
Minor Items for Consideration(the Etc. clause)
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Millage Rate “Cap”
Addressed two places in the Charter in Section 1.12 (40) (A) and
Section 6.11
Millage rate imposed for ad valorem taxes on real property shall
not exceed 4.731, unless a higher millage rate is recommended
by resolution of the Council and approved by a majority of the
eligible voters of the city by referendum.
Could strongly and adversely affect the City as it seeks a bond
rating and/or does not allow the Council to make a full range of
financial decisions for the City.
Charter commission suggestion: consider language that while
restrictive, is not so restrictive as to be practically impossible.
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Powers of the Mayor
Section 3.21 (b) and (c) suggests the Mayor has a veto. Although a simply majority of the Council is the threshold to overturn that veto.
Section 3.22 (b) (4) suggests that the Mayor shall be the only person to execute contracts.
Section 3.22 (b) (8) suggests that the Mayor would appoint city council members to oversee various departments of the City. This may conflict with Section 3.28.
Are there any recommendations from Mayor Lockwood?
Charter commission suggestion: consider these three sections and possibly strengthen the power of the Mayoral veto, place a different mechanism in place to execute contracts which is more efficient and consider removal of either Section3.22 (b) (8) or Section 3.28 if in fact they conflict.
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Ordinance Adoption
Section 3.16 suggests that ordinances require more than
one presentation.
Examples exist of Cities who have only a single presentation
requirement. This on its face would appear to be more
efficient, although conversely could appear to be less
transparent.
This is brought up for discussion only.
Charter commission suggestion: consider and evaluate if
deemed important.
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Term Limits
Section 2.10 addresses term limits. For the Mayor and
Council members, that term is two full four year terms.
Do you want this considered by the Charter commission?
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Salaries of Elected Officials
Section 2.14 addresses compensation and expenses for the
Mayor and City Council Members as $23,000 annually for
Mayor and $13,000 annually for City Council.
Do you want this considered by the Charter commission?
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Contract Execution
Already mentioned; but important enough to mention again.
Section 3.22 (b) (4) suggests that the Mayor shall be the
only person to execute contracts.
Charter commission suggestion: considering authorizing
someone else to execute contracts (even if bound by a „cost
not to exceed‟)
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Powers of the City Manager
Section 3.25 suggests the City Manager has the authority to hire all department heads and fill other positions.
Section 4.10 suggests the City Manager does not have the authority for removal of department heads.
Section 3.10 (c) suggests the Council shall provide the functions and duties of individual employees.
Section 3.10 (d) suggests the Council shall provide general supervision and guidance of the staff.
Section 4.15 suggests the Council adopts rules and regulations where it may make sense for the Council to direct the City Manager to do this.
These might conflict with the true delivery of the Council/Manager form of government.
Charter commission suggestion: consider and evaluate if changes are warranted.
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Selection of Mayor Pro Tempore
Section 3.29 suggests the Mayor Pro Tem is selected and
serves a four year term concurrent with the Mayor.
Section 3.11 also is affected.
The practice has been to appoint a Mayor Pro Tem every
year.
Do you want this considered by the Charter commission?
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Minor Items for Consideration
Section 1.11 – Corporate Boundaries.
•Clean this section up?
Section 1.12 (b) – Municipal Powers
•Add pain management clinic to section (38)
Section 2.15 (a) (4) – Prohibitions
•Add definition for „valuable gift‟
Section 3.12 – Inquires and Investigations
•This section is vague
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Minor Items for Consideration
Section 3.19 and 3.20 – Codes and Codification
•Many technology enhancements make these sections outdated.
Section 3.23 (b) – City Manager; appointment; qualifications;
compensation; removal
•The timelines may be too long
Section 4.11 – Boards
•In (g), should read „majority vote‟ instead of „cause‟?
•In (h), should critical position holders be selected based on an
„annual election‟?
•Should a clause be added dealing with attendance?
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Minor Items for Consideration
Section 6.24 – Operating Budget
•Remove 60 day requirement or shorten
Section 6.28 (a) – Capital Improvements
•Remove 60 day requirement or shorten
Section 7.16 – Transition
•No longer relevant
D092006010OMI
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Mayor and Council Suggestions
Questions and/or Comments?