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03-19-2012-Packet
Page 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, March 19, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Dr. Ollie Wagner, Pastor at Alpharetta Presbyterian Church. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12- 055) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 13, 2012 Special Called Regular Minutes. (Agenda Item No. 12- 056) (Sudie Gordon, City Clerk) 2. Approval of the February 13, 2012 Work Session Minutes. (Agenda Item No. 12- 057) (Sudie Gordon, City Clerk) 3. Approval of Financial Statements for the Period Ending October, 2011. (Agenda Item No. 12- 058) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 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. 4. Approval of Financial Statements for the Period Ending November, 2011. (Agenda Item No. 12- 059) (Stacey Inglis, Finance Director) 5. Approval of a Contract with the Firm of Davey Tree Expert Company for the Purpose of Providing Professional Services for the City of Milton. (Agenda Item No. 12- 060) (Kathleen Field, Community Development Director) 6. Approval of Indication of Roundabout Support and Lighting with GDOT for the Intersection Improvement at SR 372/Birmingham Highway at McFarlin Lane and at SR 372/Crabapple Road at Crabapple Chase Drive. (Agenda Item No. 12- 061) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for a Phase I Environmental Site Assessment and Geotechnical Evaluation for 15155 Hopewell Road. (Agenda Item No. 12- 062) (Carter Lucas, Public Works Director) 8. Approval of a Consent to Assignment of Drainage Easements between Paul and Maura Demit and the White Columns Community Association, Inc. and Siobahn and Robert Schaffer and White Columns Community Association, Inc. (Agenda Item No. 12- 063) (Carter Lucas, Public Works Director) 9. Approval of a Survey Agreement between the City of Milton, Georgia and Onsite Civil Group, LLC for a Boundary and Topographic Survey for 15155 Hopewell Road. (Agenda Item No. 12- 064) (Carter Lucas, Public Works Director) 10. Approval for the Execution of a Contract Agreement with the Georgia Council on Developmental Disabilities (GCDD) to Receive Grant Funding for the Real Communities Milton Project. (Agenda Item No. 12- 065) (Chris Lagerbloom, City Manager) 11. Approval of a Parks and Recreation License Agreement between the City of Milton and YMCA to Offer an 8 Week Summer Day Camp. (Agenda Item No. 12- 066) (John Rebar, Parks and Recreation Director) 12. Approval of a Contract between the City of Milton and Ed Castro Landscape, Inc. for the Construction of a Park at 12785 Birmingham Highway, 12-PR01, in the Amount of $160,000. (Agenda Item No. 12- 067) (John Rebar, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 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. 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing March for Meals Awareness Month. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. RZ12-01 – To Amend Article VI, Division 2 – AG-1 (Agricultural District) as it Relates to Allowing Structures Housing Animals within the Front Yard and Fencing Along Public-right-of-ways. (Agenda Item No. 12-033) (First Presentation at the February 6, 2012 Regular Council Meeting) (Discussed at February 13, 2012 Work Session) (Deferred at February 22, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Approval of an Ordinance Restating the City of Milton’s Defined Benefits Pension Plan. (Agenda Item No. 12-048) (First Presentation on February 22, 2012) (Sam Trager, Human Resources Director) 11) NEW BUSINESS 1. Approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0005-00(448) State Route 372/Birmingham Highway at CR27/Providence Road/New Providence Road. (Agenda Item No. 12- 068) (Carter Lucas, Public Works Director) 2. Approval of a Request for the Abandonment of the Public Right-of-Ways within The Highlands at Echelon Subdivision. (Agenda Item No. 12- 069) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 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. 3. Approval of a Resolution to Adopt the Personnel Policies of the City of Milton. (Agenda Item No. 12- 070) (Sam Trager, Human Resources Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12- 071) 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: March 19, 2012 City Council Meeting Agenda Item: Financial Statements for Period 1 – October 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 9.71% higher than anticipated for the first period of the fiscal year. Please remember that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to‐date are $1,501,603 and are 4.32% 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 $10,889,671, capital expenditures‐to‐date total $4,578. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 - - - - - - Motor Vehicle Tax 495,000 - - - - - - Intangible Tax 160,000 - - - - - - Real Estate Transfer Tax 37,000 - - - - - - Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax 3,650,000 - - - - - - Alcohol Beverage Excise Tax 275,000 55 - 55 55 - 55 Business & Occupation Tax 550,000 1,103 - 1,103 1,103 - 1,103 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 - - - - - - Penalties & Interest 64,500 566 - 566 566 - 566 Alcohol Beverage Licenses 140,000 1,459 - 1,459 1,459 - 1,459 Other Non-Business Permits/Licenses 11,700 765 950 (185) 765 950 (185) Zoning & Land Disturbance Permits 20,000 2,400 1,667 733 2,400 1,667 733 Building Permits 175,000 16,013 14,583 1,430 16,013 14,583 1,430 Other Charges for Service 343,640 33,956 33,824 131 33,956 33,262 694 Municipal Court Fines 451,000 49,216 48,833 383 49,216 48,833 383 Interest Earnings 15,000 1,688 1,250 438 1,688 1,250 438 Contributions & Donations - 3,500 - 3,500 3,500 - 3,500 Other Revenue 54,940 2,966 3,083 (117) 2,966 3,083 (117) Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 113,688 104,191 9,497 113,688 103,628 10,059 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 8,689 10,147 (1,458) 8,689 13,355 (4,666) Clerk of the Council 298,850 11,130 13,354 (2,224) 11,130 13,354 (2,224) City Manager 294,937 19,602 18,236 1,366 19,602 18,236 1,366 General Administration 34,110 4,011 2,843 1,168 4,011 2,843 1,168 Finance 495,873 36,068 36,040 28 36,068 36,040 28 Legal 220,000 - - - - - - Information Technology 535,557 62,526 67,793 (5,267) 62,526 68,174 (5,648) Human Resources 251,523 17,701 17,967 (266) 17,701 17,967 (266) Ri k M t 191 500 13 486 15 958 (2 472)13 486 15 958 (2 472) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 13,486 15,958 (2,472) 13,486 15,958 (2,472) General Government Buildings 564,989 91,809 89,619 2,190 91,809 89,619 2,190 Public Information & Marketing 90,910 5,638 5,886 (248) 5,638 5,886 (248) Municipal Court 231,274 15,595 15,756 (162) 15,595 15,756 (162) Police 2,912,020 192,053 208,636 (16,583) 192,053 208,636 (16,583) Fire 4,381,219 454,704 477,391 (22,687) 454,704 477,391 (22,687) EMS Operations 140,988 11,021 11,749 (728) 11,021 11,749 (728) Public Works 1,540,706 60,949 72,760 (11,811) 60,949 72,760 (11,811) Parks & Recreation 356,292 13,588 16,121 (2,533) 13,588 16,121 (2,533) Community Development 798,035 52,566 55,062 (2,496) 52,566 55,062 (2,496) Debt Service - Capital Lease Payment 857,231 90,769 90,769 - 90,769 90,769 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 339,699 339,699 0 Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 1,501,603 1,565,785 (64,182) 1,501,603 1,569,375 (67,771) Net Income/(Loss)(1,298,871) (1,387,916)(1,387,916) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ 735$ 735$ (3,265)$ Earth Day Vendor Fee 240 - - (240) Interest Revenues 100 5 5 (95) Milton Roundup Sponsor 12,000 3,000 3,000 (9,000) Earth Day Sponsor - - - - Concert Sponsor 1,500 - - (1,500) Mayor's Run Reg. Fees 5,240 1,699 1,699 (3,541) Contributions & Donations - - - - T-shirt Sales 250 169 169 (81) Total revenues 23,330$ 5,608$ 5,608$ (17,722)$ EXPENDITURES Current: Special Events 86,280$ 20,440$ 20,440$ 65,840$ Total Expenditures 86,280$ 20,440$ 20,440$ 65,840$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ -$ -$ (30,000)$ Total other financing sources and uses 30,000$ -$ -$ (30,000)$ Net change in fund balances (32,950)$ (14,832)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2011 gg Fund balances - ending 47,732$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - Interest Revenues/State Funds - 9 9 9 Interest Revenues/Federal Funds 1 1 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 10$ 10$ 9$ EXPENDITURES Current: Police -$ 2,648$ 2,648$ (2,648)$ Total Expenditures -$ 2,648$ 2,648$ (2,648)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (2,638)$ Fund balances - beginning 89,270 Fund balances - ending 86,632$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 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$ -$ -$ (700,000)$ Interest Revenue - 39 39 39 Total revenues 700,000$ 39$ 39$ (699,961)$ EXPENDITURES Current: Public Safety 681,400$ 185,565$ 185,565$ 495,835$ Total Expenditures 681,400$ 185,565$ 185,565$ 495,835$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (185,526)$ Fund balances - beginning 604,821 Fund balances - ending 419,295$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 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 30,096$ 9,961$ 9,961$ (20,135)$ Byrne-JAG Grant - - - USGS Grant - - - - GEMA Grant - - - Interest Revenues - - - - Total revenues 30,096$ 9,961$ 9,961$ (20,135)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Fire 133,760 7,422 7,422 126,338 Public Works - - - - Community Development - - - - Total Expenditures 137,110$ 7,422$ 7,422$ 129,688$ Excess of revenues over expenditures (107,014) 2,538 2,538 109,552 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) 2,538 Fund balances - beginning 10,671 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2011 Fund balances - ending 13,209$ 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ -$ -$ (40,000)$ Total revenues 40,000$ -$ -$ (40,000)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 - - (30,000) Total other financing sources and uses 40,000$ -$ -$ (40,000)$ 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 October 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$ -$ -$ (65,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Tree Recompense - 3,500 3,500 3,500 Landfill Host Fees 100,000 - - (100,000) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 474 474 (1,526) Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 3,974$ 3,974$ (325,526)$ EXPENDITURES Capital Outlay City Council 225,000$ -$ -$ 225,000$ IT 49,317 - - 49,317 Police 350,742 - - 350,742 Fire 556,066 2,032 2,032 554,034 Public Works 7,643,811 780 780 7,643,031 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2011 Parks & Recreation 1,772,730 1,766 1,766 1,770,964 Community Development 292,005 - - 292,005 Total Capital Outlay 10,889,671$ 4,578$ 4,578$ 10,885,093$ Excess of revenues over expenditures (10,560,171) (603) (603) (11,210,619) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 292,141$ (3,213,547)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 292,141 (3,107,106) Net change in fund balances (7,160,924) 291,538 Fund balances - beginning 5,809,267 Fund balances - ending 6,100,805$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan -$ -$ -$ -$ Assistant to Firefighters Grant - - - - GDOT HPP Funds 3,195,498 - - (3,195,498) LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - - (321,326) Interest Revenues - 10 10 10 Total revenues 3,636,824$ 10$ 10$ (3,636,814)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ -$ -$ 5,196,250$ Community Development 147,400 - - 147,400 Total Capital Outlay 5,343,650$ -$ -$ 5,343,650$ Excess of revenues over expenditures (1,706,826) 10 10 1,706,836 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 47,558$ (523,138)$ Total other financing sources and uses 570,696$ 47,558$ 47,558$ (523,138)$ Net change in fund balances (1,136,130) 47,568 Fund balances - beginning 956,996 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2011 Fund balances - ending 1,004,564$ 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: March 19, 2012 City Council Meeting Agenda Item: Financial Statements for Period 2 – November 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 3.7% higher than anticipated for the second period of the fiscal year. Please remember that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to‐date are $2,787,166 and are 3.7% 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 $10,889,671, capital expenditures‐to‐date total $82,237. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 - - - - - - Motor Vehicle Tax 495,000 48,892 41,250 7,642 48,892 41,250 7,642 Intangible Tax 160,000 19,673 13,333 6,340 19,673 13,333 6,340 Real Estate Transfer Tax 37,000 3,285 3,083 201 3,285 3,083 201 Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax 3,650,000 307,738 304,167 3,571 307,738 304,167 3,571 Alcohol Beverage Excise Tax 275,000 20,503 22,917 (2,413) 20,558 22,917 (2,358) Business & Occupation Tax 550,000 1,750 - 1,750 2,854 - 2,854 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 - - - - - - Penalties & Interest 64,500 3,555 3,015 540 4,121 3,015 1,106 Alcohol Beverage Licenses 140,000 93,135 98,000 (4,865) 94,594 98,000 (3,406) Other Non-Business Permits/Licenses 11,700 2,004 975 1,029 2,769 1,950 819 Zoning & Land Disturbance Permits 20,000 1,150 1,667 (517) 3,550 3,333 217 Building Permits 175,000 16,234 14,583 1,650 32,247 29,167 3,080 Other Charges for Service 343,640 28,269 28,637 (368) 62,224 57,273 4,951 Municipal Court Fines 451,000 25,533 28,208 (2,675) 74,749 75,167 (418) Interest Earnings 15,000 1,895 1,250 645 3,583 2,500 1,083 Contributions & Donations - - - - 3,500 - 3,500 Other Revenue 54,940 1,495 4,578 (3,083) 4,461 9,157 (4,696) Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 575,109 565,663 9,446 688,797 664,312 24,485 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 12,582 14,732 (2,149) 21,271 24,878 (3,607) Clerk of the Council 298,850 95,678 96,349 (671) 106,808 110,268 (3,460) City Manager 294,937 20,599 20,306 293 40,202 42,068 (1,866) General Administration 34,110 3,435 2,843 593 7,446 5,685 1,761 Finance 495,873 34,291 39,102 (4,811) 70,360 70,114 246 Legal 220,000 - - - - - - Information Technology 535,557 41,571 43,425 (1,854) 104,795 112,590 (7,795) Human Resources 251,523 16,063 18,597 (2,534) 33,764 36,389 (2,625) Ri k M t 191 500 20 425 15 958 4 466 33 911 31 917 1 994 Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 20,425 15,958 4,466 33,911 31,917 1,994 General Government Buildings 564,989 46,263 47,082 (820) 138,072 136,701 1,371 Public Information & Marketing 90,910 5,706 6,631 (925) 11,344 12,075 (731) Municipal Court 231,274 17,417 19,031 (1,614) 33,011 34,340 (1,329) Police 2,912,020 189,532 226,130 (36,598) 381,584 414,769 (33,185) Fire 4,381,219 286,687 324,934 (38,247) 741,391 774,282 (32,891) EMS Operations 140,988 11,021 11,749 (728) 22,042 23,498 (1,456) Public Works 1,540,706 75,222 77,917 (2,694) 136,171 144,403 (8,231) Parks & Recreation 356,292 13,752 19,103 (5,350) 27,340 35,977 (8,637) Community Development 798,035 54,922 62,093 (7,171) 107,488 114,339 (6,850) Debt Service - Capital Lease Payment 857,231 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 679,398 679,397 1 Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 1,284,865 1,385,680 (100,815) 2,787,166 2,894,458 (107,292) Net Income/(Loss)(1,298,871) (709,755)(2,098,369) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ -$ 735$ (3,265)$ Earth Day Vendor Fee 240 - - (240) Interest Revenues 100 6 11 (89) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - - - - Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 530 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 536$ 6,144$ (17,186)$ EXPENDITURES Current: Special Events 86,280$ 5,405$ 25,845$ 60,435$ Total Expenditures 86,280$ 5,405$ 25,845$ 60,435$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,479$ 4,479$ (25,521)$ Total other financing sources and uses 30,000$ 4,479$ 4,479$ (25,521)$ Net change in fund balances (32,950)$ (15,221)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2011 gg Fund balances - ending 47,342$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - Interest Revenues/State Funds - 10 18 18 Interest Revenues/Federal Funds 1 2 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 11$ 20$ 18$ EXPENDITURES Current: Police -$ 2,592$ 5,240$ (5,240)$ Total Expenditures -$ 2,592$ 5,240$ (5,240)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (5,220)$ Fund balances - beginning 89,270 Fund balances - ending 84,050$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 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$ 33,758$ 33,758$ (666,242)$ Interest Revenue - 55 94 94 Total revenues 700,000$ 33,814$ 33,853$ (666,147)$ EXPENDITURES Current: Public Safety 681,400$ 1,756$ 187,321$ 494,079$ Total Expenditures 681,400$ 1,756$ 187,321$ 494,079$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (153,469)$ Fund balances - beginning 604,821 Fund balances - ending 451,352$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 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 30,096$ -$ 9,961$ (20,135)$ Byrne-JAG Grant - - - USGS Grant - - - - GEMA Grant - - - Interest Revenues - 1 2 2 Total revenues 30,096$ 1$ 9,962$ (20,134)$ EXPENDITURES Current: General Administration 3,350$ 122$ 122$ 3,228 Fire 133,760 7,632 15,054 118,706 Public Works - - - - Community Development - - - - Total Expenditures 137,110$ 7,754$ 15,176$ 121,934$ Excess of revenues over expenditures (107,014) (7,752) (5,214) 101,800 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) (5,214) Fund balances - beginning 10,671 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2011 Fund balances - ending 5,457$ 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 4,479$ 4,479$ (35,521)$ Total revenues 40,000$ 4,479$ 4,479$ (35,521)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 4,479 4,479 (25,521) Total other financing sources and uses 40,000$ 4,479$ 4,479$ (35,521)$ 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 November 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$ -$ -$ (65,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 - - (100,000) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 563 1,037 (963) Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 563$ 4,537$ (324,963)$ EXPENDITURES Capital Outlay City Council 225,000$ -$ -$ 225,000$ IT 49,317 26,977 26,977 22,340 Police 350,742 - - 350,742 Fire 556,066 - 2,032 554,034 Public Works 7,643,811 50,683 51,463 7,592,348 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2011 Parks & Recreation 1,772,730 - 1,766 1,770,964 Community Development 292,005 - - 292,005 Total Capital Outlay 10,889,671$ 77,660$ 82,237$ 10,807,434$ Excess of revenues over expenditures (10,560,171) (77,097) (77,700) (11,132,397) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 584,282$ (2,921,406)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 584,282 (2,814,965) Net change in fund balances (7,160,924) 506,582 Fund balances - beginning 5,809,267 Fund balances - ending 6,315,849$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan -$ -$ -$ -$ Assistant to Firefighters Grant - - - - GDOT HPP Funds 3,195,498 - - (3,195,498) LCI Funds 100,000 8,800 8,800 (91,200) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - - (321,326) Interest Revenues - 130 225 225 Total revenues 3,636,824$ 8,930$ 9,025$ (3,627,799)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ -$ -$ 5,196,250$ Community Development 147,400 - - 147,400 Total Capital Outlay 5,343,650$ -$ -$ 5,343,650$ Excess of revenues over expenditures (1,706,826) 8,930 9,025 1,715,851 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 95,116$ (475,580)$ Total other financing sources and uses 570,696$ 47,558$ 95,116$ (475,580)$ Net change in fund balances (1,136,130) 104,141 Fund balances - beginning 956,996 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2011 Fund balances - ending 1,061,137$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Planner Date: February 16, 2012 - for the Council Meeting of March 19, 2012 Agenda Item: Contract with the Firm of Davey Tree Expert Company for the Purpose of Providing Professional Services for the City of Milton Background: The City’s 2030 Comprehensive Plan identifies in the short term work program items that an inventory and assessment of the community forest be conducted as a way of cataloging the current conditions. A grant application was submitted to the Georgia Urban Forestry Commission seeking funds to cover the cost of said tree survey. In July 2011 Milton was notified of the grant award in the amount of $20,000, where Milton is committed to match $5,000 cash and $15,000 of in-kind contributions. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: taking an inventory of Milton’s street trees along roadways in Crabapple, Hwy 9 Deerfield, and Arnold Mill. The City’s parks will also be looked at to note significant trees, and a management plan will be determined based on Milton’s capabilities. This project represents the first step to understanding the community’s forests, determining a forestry management plan, and providing information for a no-net-loss of tree policy. Legal Review: Paul Higbee, Jarrard & Davis on February 16, 2012. Attachments: “Exhibit A, B, C, D” -_ ` rcity of Milton PROFESSIONAL SERVICES AGREEMENT MILTON TREE INVENTORY, ASSESMENT AND FORESTY MANAGEMENT PLAN This Agreement made and entered into this day of February, in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and The Davey Tree Expert Company d/b/a Davey Resource Group ("Consultant"), having its principle place of business at 1500 North Mantua Street, Kent, OH 44240. WHEREAS, the City of Milton will require certain professional services beginning on February 28, 2012; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. Consultant shall perforin the Services so as to facilitate the City's compliance with the applicable terms of that Grant Agreement for Urban and Community Forestry Grant Program between the City and the Georgia Forestry Commission dated August 31, 2011, a copy of which agreement Consultant acknowledges it has both received from the City and carefully reviewed. Consultant's authorized representative shall execute, on behalf of Consultant, and provide to the City that Certificate for Contracts, Grants, Loans and Cooperative Agreements attached hereto and incorporated herein by reference as Exhibit "D" prior to beginning any work under this Agreement. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $25,000 (the "Contract Price") without prior written approval from the City. Consultant shall �� �rclry a mib, take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: 2 n ���; 6af Milton The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. {h) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. — (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after ten (10) days prior written notice has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time_ The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: �'��jn City of Alikon Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies. Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. The city understands that the consultant must renew its policy annually. The consultant will promptly notify the city if they drop coverage or change to an occurrence based coverage. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from February 28, 2012 and shall terminate absolutely and without further obligation on the part of the City on August 31, 2012. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 5 n .N. CAydAAkI[an 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 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. 14.0 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. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Shirley Vaughn Davey Resource Group 1500 North Mantua Street, Kent, OH 44240 N 6 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "C" that it and Consultant's subconsultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perforin work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subconsultants' verification process to determine that the verification was correct and complete. The Consultant and Consultant's subconsultants shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subconsultants employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subconsultants agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subconsultants are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subconsultant to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any subconsultant(s) in connection with this Agreement, the Consultant will secure from the subconsultant(s) such subconsultant(s') indication of the above employee -number category that is applicable to the subconsultant. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "B." 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. 7 n -15 cl y of won IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attorney SIGNED, SEALED, AND DELIVERED in the presence of: [NOTARY SEAL] My Commission Expires: Mary Ann Schaefer Notary Publie; Sk4e of EH4o MY Commission Expires November 5, 2012 THE DAVEY TREE EXPERT COMPANY DII31A DAVEY RESOURCE G our: Signature: Printed Name: Title: v ( (jr �c.. �o� �v>Za 5 [AFFIX CORPORATE SEAL] CITY OF MILTON: Ey: Its: [CITY SEAL] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] S n of Miton SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: nN of Muton Milton, Georgia Community Dave Resource Group Forestry Project Team Dan Howse is landscape architect with the Davey Resource Group. Mr. Howse has an extensive history in landscape contracting,` moving, and landscape design. He currently provides management and project support for Davey's work with clients in the south central and southeastern United States; where his focus is on tree protection and forest conservation, and on preservation of unique and historic Landscapes, Prior to joining the Davey Resource Group, Mr. House was a manager with Davey's Large Tree Moving Division, and before that with an outside transplant contractor. He also was previously on staff for 8 years as a designer with The Olin Studio, a renowned landscape architecture firm in Philadelphia, PA. He is a Registered Landscape Architect (LA001466), holding a license in Pennsylvania; and currently is in process for reciprocation in Texas and Maryland. Mr. House graduated from Temple University with a Bachelor of Science degree in landscape architecture. Shirley Vaughn, M.S., is a regional project developer for Davey Resource Group working in the southeast, mid-Atlantic, and northeast regions of the United States. Ms. Vaughn works with municipalities, businesses, construction companies, and not -far -profit organizations developing and administrating urban forestry projects, including computerized tree inventories, GIS canopy assessments, i -Tree inventories and analyses, and tree preservation plans. Ms. Vaughn also develops management and planting plans that maximize ecological and social tree benefits to increase the sustainability of urban areas and augment green infrastructure. Prior to joining Davey, Ms. Vaughn worked for the State of Florida Division of Forestry as an urban forestry grant administrator. She also has several years of municipal experience managing parks and natural areas in southern Florida for Broward County, with duties ranging from day -today facility and grounds management, to the development of park operations manuals and natural resource and emergency management plans. She is an International Society of Arboriculture Certified Arborist and Municipal Specialist (FL-5512AM). Ms. Vaughn is certified in Natural Lands Management through the University of Florida IFAS and The Nature Conservancy. Ms. Vaughn has a Bachelor of Science and Master of Science degree in geology from the University of Iowa. Joseph Gregory is an urban forester and Coordinator of Urban Forestry Services for Davey's Natural Resource Consulting group. Mr. Gregory manages a team of over 15 dedicated urban foresters across North America. Mr. Gregory is responsible for oversight of Davey's urban forestry related projects, including project scoping, staffing, scheduling, quality control, and training and professional development. Mr. Gregory has coordinated numerous municipal inventory projects throughout the United States including Orlando, Florida; Elgin, Illinois; Detroit, Michigan; Charlotte, North Carolina; Raleigh, North Carolina; and Pittsburgh, Pennsylvania. He has extensive experience with GIS and GPS technologies, numerous types of field data collection computers/ units, tree inventories, urban tree risk assessment, landscape tree appraisals, and the i -Tree suite of software. In the cities of Kansas City, Missouri; Kent, Ohio; Minneapolis, Minnesota; Nebraska City, Nebraska; and Pittsburgh, Pennsylvania, Mr. Gregory oversaw data collection for incorporation into the U.S. Forest Service's i -Tree Eco model (formerly UFORE). He has assisted numerous communities in the implementation of i -Tree Streets (fonnerly STRATUM) to assess and evaluate the structure, function, and value of street tree populations across North America. The i -Tree Eco and i -Tree Streets models are components of the USDA Forest Service's state-of-the-art, peer reviewed, urban and community forestry analysis and benefits assessment software suite called i -Tree. He is proficient at writing urban and community forestry management plans, benefit analyses, and urban forest master plans. He is an International Society of Arboriculture Certified Arborist and Municipal Specialist (OH-1420AM) and a 2006 participant of the Society of Municipal Arborist's Municipal Forester Institute. Mr. Gregory joined Davey in 2001 and graduated from !fent State University with a Bachelor of Science degree in conservation. Jon Schmidt is an urban forester with Davey Resource Group. Mr. Schmidt utilizes his knowledge of arboriculture and GIS -based computer software to conduct urban forest inventories. Projects with Davey Resource Group include an Asian Longhomed Beetle survey in Worcester, Massachusetts and a street tree inventory in Raleigh, North Carolina. Prior to joining Davey Resource Group, Mr. Schmidt tested new urban forest inventory software on a project in Hobart, Wisconsin. He also worked for a tree care company in Denver, Colorado where he performed pesticide applications, climbing, injections, pruning, and planting. He is a Certified Arborist (WI -0869A) with the International Society of Arboriculture. Mr. Schmidt graduated from the University of Wisconsin Stevens Point with a Bachelor of Science degree in urban forestry. Jesse Kirk is an inventory arborist with Davey Resource Group. In the summer of 2010, he participated in a large i -Tree Eco project in the greater Kansas City region where he gained valuable experience with handheld data collection units, GPS technology, tree measurement, and tree and shrub identification. Prior to joining Davey Resource Group, Mr. Kirk spent many years working on a Christmas tree farm and performing maintenance at a private housing community where one of his primary duties was removing dead or potentially hazardous trees and limbs. Mr. Kirk graduated from Kansas State University with a Bachelor of Science degree in conservation biology. Deborah E. Sheeler, M.A., is a Geographic Information Systems Analyst and Cartographer with 14 years of experience applying GIS technology to environmental analysis. She currently supervises GIS operations at Davey and has been with the company for over 12 years. Her work involves spatial analysis and interpretation, database and project management, and the creation and design of cartographic products through use of advanced GIS software. In addition, she has experience and knowledge in the field of natural hazards research, remote sensing, and custom programming, as well as extensive experience in the utilization and support of pen -based computer hardware and global positioning systems (GPS). She holds a Master of Arts degree in geography from Kent State University and a Bachelor of Science degree in geography from Central Missouri State University with a minor in earth science. Ms. Sheeler is a member of the Urban and Regional Systems Association (URISA) Ohio Chapter, the GIS Users of Northern Ohio (GUONO), and the Water Resources Research Institute. 1500 North Mantua Street • Kent, Ohio 44240 ■ 800-828.8312 • www.davey.com DAVEYM. #E#IIICE C#11! EXHIBIT "A" SCOPE OF WORK Objectives • Assess Milton's community forests. • Establish an effective management and tree maintenance program for the City that provides long term planning strategies to improve maintenance efficiency and tree health. • Educate Milton's residents about the value of community forests. The deliverable data shall include, but not be limited to: Task 1: Assessment and inventory Catalog ($18,500) Tree Inventory and Assessment of the City's Landscape trees only along Rights Of Way and in parks in terms of size, health and quantity, appropriateness, risk to insects and disease, and suggested replacement trees. During the inventory Consultant will assess wooded areas and make exhaustive notes, as appropriate. Data collected from inventory must be formatted to be compatible with i -Tree Streets program. Inventory will be GIS/GPS based and be performed using preprogrammed pen -based computers that collect various tree attributes and other site -related data fields. The Tree Inventory for the City of Milton will consist of: ■ An inventory of approximately 3,500 trees • A condition assessment for each tree inventoried ■ A maintenance recommendation for each tree inventoried • An ExcelTM and/or AccessTM spreadsheet and shapetiles of the tree attributes and data fields collected Project Area The general project area covers City owned property and rights of way (see attached map). There are three areas of the City requiring special attention for the street survey: (1) Crabapple, (2) Hwy 9, and (3) Arnold Mill. The City owned property to be surveyed consists of: (4) Bell Memorial Park, (5) Birmingham Park, (b) The Crabapple House, (7) The Crabapple Park, (8) The Bethwell House/Community Center, and (9) The Hopewell House Task 2: Management Placa with Key Policy Actions: ($5,000} Inventory summary, Benefits analysis, Canopy study summary/incorporation into plan (the Urban Tree Canopy plan comes from the City of Milton and Consultant shall add recommendations to said plan); Key Policy Action Items (Consultant's recommendations based on the data and the strategic meetings) Task 3: Public Education and Presentations: ($1,500) The education component includes City staff education and public education. City Staff would accompany inventory trips and assist where needed. Public education workshops will be arranged by City staff and topics will be decided at the strategy meetings. Kickoff meeting, Final presentation to City Council, One training session—to occur during the data collection. 10 ��� uyof Mikan (NOTE:) Final documents to the City of Milton will be in both hard copy and electronic formats. The entire project and deliverables shall not exceed $25,000. Milton Responsibilities 1. Provide Consultant with all maps and other information necessary at no charge. This includes, but is not limited to: electronic or paper copies of AutoCAD maps for roads; pavements; building footprints and names and utilities, and digital aerial photographs if available. 2. Provide daily contact information and directions as needed during the inventory process. 3. Arrange for a project kick off meeting on the first day of the scheduled data collection. Proposed Schedule Consultant will be available to conduct the inventory beginning February 28, 2012. Estimated duration is two weeks to perform the field inventory and additional time to perform quality control and data analysis, and to prepare the deliverables. All work shall be completed no later than July 31, 2012_ 11 n ��y4OfNNW Schedule of Deliverables Date Task One: Inventory of up to 3,500 trees only along Public Tree Inventory Streets, Public Parks, and Public Facilities. Included in the Following Areas: 1, Crabapple 2. Hwy 9 Attachments A & 3 3- Arnold Mill/SR 140 4- Bell Memorial Park 5. Birmingham Park April, 2dT2 $18,500 6. Crabapple House PP (lump sum amount) 7. Crabapple Park S. The Bethwell House/Community Center 9, The Hopeweff House Tree inventory data will be delivered as iTree Streets, ESRD' shapefile and/or geodatabase, - an Access- database, and an Excel spreadsheet. Additional sites above 3,500 estimate Tree Inventory April, 2012 $5.471site Attachments A & $ Task Two: One bound, color copy and one electronic PDF Mufti -Year Management copy on CD-ROM TBD Plan Based on $S QOQ Attachment C Extra printed copies $175 completion of analysis Task Three: Kickoff meeting, Final presentation to council, Public Education and One training session—to occur during the data TBD $1,500 Presentations collection. Based on (lump sum amount) completion of Attachment D UTC analysis Total (Not -to -Exceed) $25,000 Attachment A StreetlPark Tree Inventory Data Field Definitions The data fields that will be collected for each tree site during the inventory are defined as follows: Mapping coordinate. X and Y coordinate locations. Area. Tree locations will be identified by subdivision, management area, park name, or other discrete location/property name as determined by Davey Resource Group and the Client. r Location. The tree's physical location in relation to public ROW and/or public space will be recorded. 1Blockside and Address. Davey Resource Group will identify the locarion of each street tree and planting site so that they can easily be identified for future maintenance work. Street trees and planting sites will be located using an address number, street name, side of lot, tree number, and blockside information (on street, from street, and to street). Each tree and/or planting site at an address will receive a Site Number to aid in locating the site. Park and open space trees are organized by unique tree site number and property name. Species. Trees will be identified by genus and species, with the exception of genera such as Crataegnrs or Mcahis, where field identification of species is often not practical. :- Diameter. Diameter is measured in inclies at 4-1/2 feet above the ground, or diameter -breast -height (1)(314). Sterns. The number of stems a tree has will be recorded. Location Value. The location value involves an assessment of tate site where the tree is planted, the tree's functional and aesthetic contributions to the site, and the placement of (lie tree within that site. Location Value is collected for its use in the "Trunk Formula Method of landscape plant appraisal along with species, size, and condition. The Trunk Fonnula Method is adapted from the Guide fir Plant Appraisal (9'1' edition), published by the International Society of Arboriculture and generically applied to the entire inventory population for informational purposes only and is not a substitute for a detailed, individual plant appraisal. 1. Excellent. The quality of the location, the environment and aesthetic contributions, and the placement of the tree relative to adjacent structures and landscaping are all exceptional. 2. Good. The location, contribution, and placement of the tree are all favorable. In a good site, a tree should thrive and provide benefits to the surrounding environment. 3. Fair. A fair tree location has no evident limitations that would seriously impede growth, but relative placement, location quality, or environmental and aesthetic contributions of the tree do not enhance potential benefits of this specific plant. Prepared for: City of Milton. Georgia Prepared by: Davey Resource Group February 14, 2012 4. Poor. Some characteristics of'the site or the tree make this location unfavorable, or the tree exhibits an undesirable trait, such as shading solar panels. Condition, in general, the health and structure of each tree will be recorded in one of the following categories based on visible root, trunk, scaffold branch, twig, and foliage conditions at the time of the inventory and adapted from the rating system established by the International Society of Arboriculture and based on visible root, trunk, scaffold branch, twig, and foliage conditions at the time of the inventory: 1. Excellent. 100% condition rating. 2. Very Good. 900%, condition rating. 3. Good. 90% condition rating. 4. Fair. 60% condition rating. 5. Poor. 40% condition rating. 6. Critical. 20% condition rating. 7. Dead. 0% condition rating. Primary Maintenance Need. The following primary maintenance needs will be determined based on ANSI A300 standard specifications: Removal. Trees designated for removal have defects that cannot be cost- effectively or practically treated. The majority of the trees in this category have a large percentage of dead crown. All trees with safety risks that could be seen as potential threats to persons or property and seen as potential liabilities to the client would be in this category. 'Phis category includes iarge dead and dying trees that are high -liability risks as well as those that pose minimal liability to persons or property (such as trees in poor locations or undesirable species). 2. Large Tree Clean. These trees require selective removal of dead, dying, broken, and/or diseased wood to minimize potential risk. Priority of work should be dependent upon the Risk associated with the individual trees. "Trees in this category may be large enough to require bucket truck access or manual climbing. 3. Small Tree Clean. These trees require selective removal of dead, dying, broken, and/or diseased wood to miniEniZC potential risk. Priority of work should be dependent upon the Risk associated with the individual trees. These trees are small -growing, mature trees that can be evaluated and pruned from the ground. 4. Young Tree Train. "These areyoun:- trees that must be pruned to correct or eliminate weak, interfering, or objectionable branches in order to minimize future maintenance requirements. Generally, tltcse trees may be up to 20 feet in height and can be worked with a pole pruner by a person standing on the ground. 5.Palm Prune. These palms require routine horticultural pruning to remove any dead, dying, or broken fronds. Priority of work should be dependent upon the Risk associated with the individual palms. 6. Stump Removal. This category indicates a stump that should be removed. Lacking specific information on stump removal required by local code requirements per the client. Prepared for: City of Milton, Georgia 6 Prepared by: Davey Resource Group February 14, 2012 r Secondary Maintenance Need. "17ic following secondary maintenance needs will be determined based on ANSI A300 standard specifications: 1. Raise. Trees requiring pruning to remove low branches that interfere with sight and/or traffic. Lacking specific information on clearance required by local code per the client, R feet over sidewalk for Pedestrian clearance, 14 feet over roads for Trafc clearance, and 7 feet in public/park areas to allow for grounds maintenance will be used. 2. Reduce. Selective pruning to decrease height and/or spread of the crown in order to provide clearance for electric utilities and lighting. 3. Thin. The seiective removal of water sprouts, epicormic branches, and live branches to reduce density. 4. Restoration. Selective pruning to improve the structure, form, and appearance of trees that have been severely headed, vandalized, or damaged. 7. None. No secondary maintenance is recommended for the tree. This will be used as the default value when Primaiy Maintenance equals Removal, Stump Removal, or Plant Tree. Observations. Significant observations affecting a tree's health. structure. and location will be made. Further inspection. This field will be used to indicate that a particular tree will require further or periodic inspection due to particular conditions with the tree that could cause it to be a safety risk and, therefore, potentially hazardous to the public. Clearance Required. Trees which are causing or may cause visibility or clearance difficulties for pedestrians or vehicles will be identified, as well as those trees blocking clear visibility of signs or traffic signals, street lights, traffic sipals, or other safety devices. Hardscape Damage. Damage to sidewalks and curbs by tree roots is noted. Overhead Utilities. The inventory indicates whether overhead conductors or other utilities are present at the tree site that could result in conflicts with the tree. Growing Space Type --Crowing space locations are categorized as: 1 _ Island 2, Median 3. Open/Unrestricted 4. Raised Planter S. Tree Lawn/Parkway b. Unmaintained Area 7. Well/Pit r Space Size. T12e minimum width of the growing space for root development is recorded. Risk Assessment. A risk rating will be assigned using an assessment protocol based on the USDA Forest Service Community Tree Risk Rating System. Prepared for: City of Milton, Georgia 7 Prepared by; Davey Resource Group February 14, 2012 1. Probability of Failure (1-4 points). Identifies the most likely failure and rates the likelihood that the structural defect(s) will result in failure based on observed, current conditions. a) Low: some minor defects present. minor branchlcrown dieback minor defects or wounds b) Moderate: several moderate defects present - stem decay or cavity within safe shell limits: shell thickness > I inch of sound wood for each 6 inches of stem diameter crack(s) Aithout exWin si,e decay derect(s) affecting 3G-40%of the tree's ciccumlerencc crown damagelbreakage: hardwoods up to 5000: pines up to 30% weak branch union: major branch or codominant stem has included bark stem airdIing mots: <40%tree-. eire t2m1erence with compressed wood root damage: <40%of roots damaged within the critical root radius c) High: multiple of significant defects present: - stem decay or cavity at or exceeding shell safety limits: minimum shell thickness - I inch of sound wood for each 6 inches of stem diameter cracks. particularly those in contact % i th the soil or associated with other defects detects) affecting X40%of thc: tree -s circumference mN.�n damagclbreakage: hardwoods >50%; pines X30% weak branch union with crack or decay girdIing routs with>40%of'trec's circ um lerencc with compressed vtirxtd root damage: >40% of roots damaged within the critical root radius IeOnlrla tree %with recent root breakage or soil mounding, crack or extensi v decay dead tree: standing dead without other significant defects d) Extremely High: multiple and significant defects present; visual obstruction of traffic signsllights or intersections: stem decay or cavity exceeding; shell safety limits and seven: crack cracks: when a stern or branch is split i n half or has cracks on opposite sides dctcct(s) atlecting ?40"fo of tree's circumference or critical roof radius and extensive deeay nr crack(s) ��eak branch union wish crack and decay leaning tree with recent root breakage or soil mounding and crack or evensiv a decay dead branches: broken (hangers) or with a crack dead trees: standing dead with other defects, such as cracks. hangers, extensive decay, or major root damage ,. isual obstruction of traffic signs/lights or intersections physical obstruction of pedestrian or vehicle trafTic 2. Size of Defective; Part (1--3 points)_ Rates the size of the part most likely to fail. If the trunk is the part most likely to fail, tree will be recommended for removal and the DBH value will be used for the size of the defective part. a) Parts less than 4 inches in diameter b) Parts from 4 to 20 inches in diameter c) Parts greater than 20 inches in diameter 3. Probability of Tamet Impact 1-3 points). Rates the use and occupancy of the area that would be struck by defective part. Prepared for: City of Milton, Georgia g Prepared by: Davey Resource Group February 14, 2012 a) Occasional Use: low -use roads and park traiis; parking lots adjacent to low -use areas; natural areas such as woods or riparian -zones; transition areas with limited public use; industrial areas. h) Intermediate Use: moderate- to low -use school playgrounds, parks, and picnic areas; parking lots adjacent to moderate -use areas; secondary roads (neighborhoods) and park trails within moderate- to high -use areas; and dispersed campgrounds. c) Frequent Use: emergency access routes, medical and emergency facilities and shelters, and handicap access areas; high -use school playgrounds, parks, and picnic areas; bus stops; visitor centers, shelters, and park administrative buildings and residences; main thoroughfares and congested intersections in high -use areas; parking lots adjacent to high -use areas; interpretive signs, kiosks; scenic vistas; and campsites (particularly drive-in). 4. Other Risk Factors (0-2 points]. This optional subjective risk rating is used if professional judgment suggests the need to increase the total risk rating and invoke immediate corrective action. For example, trees with a numeric risk rating of 9 or 10 would he identified as high-priority trees to receive corrective treatments first. An inspector may wish to increase a tree's risk rating from R to 9 as a means of ensuring the tree will receive immediate corrective treatment. The total risk rating should not exceed 10 points. r Risk Rating. Generally, trees with the highest numeric risk ratings should receive corrective treatment first. The overall risk rating of the tree will be indicated, based on the sum of above risk assessment field values. See the formula below: Risk Rating (3-10 points) = probability of failure (1-4 points) + size of defective part (1-3 points) + probability of target impact (1-3 points) + optional subjective risk rating (0-2 points) Trees assessed as lower risk may fail before trees assessed as higher risk. There are many uncontrollable conditions, such as weather, pests, and human involvement, that can contribute to tree failure. Davey's assigned risk is meant only to be used as a guideline to make safety -driven maintenance decisions and to direct non -nal tree maintenance programs efficiently. All risk ratings are based on observable defects at the time of assessment. All observations are made from the round. The following risk ratings will be assigned: I- Nene. Numeric Risk Raling equals 0. Used for planting and stump sites only 2_ I_ow. Numeric Risk Rating equals 3 or 4. Trees designated as presenting a Low risk have minor visible structural defects or wounds in areas with moderate to low public access. At the current time, the observable defects—using visual inspection --lo not meet the threshold of failure. No corrective action is required. 3. Moderate. Numeric Risk Rating equals 5 or 6. Trees designated as presenting a Moderate risk have defects that may be cost-effectively or practically treated. The majority of trees in this cafe-ory exhibit several moderate defects affecting c40% of - a tree's trunk, crown, or critical root zone. This category may also include young or newly planted trees in frequent public use areas, such as downtown business districts or popular parks. At the current time, the observable defects—using visual Prepared for. City of Milton, Georgia g Prepared by Davey Resource Group February 14, 2012 inspection --do not meet the threshold of failure. The defects may or may not result in eventual tree failure. 'These trees can be recommended for pruning or removal and should be addressed after all Severe and fligh risk tree maintenance. 4. lligh. Numeric Ri.yk Rafing equals 7 or S. 'frees designated as presenting a High risk have defects that cannot be cost-effectively or practically treated. The majority of the trees in this category have multiple or significant defects affecting X40% of the trunk_ crown, or critical root zone. Defective trees and/or tree parts are most likely between 4-20 inches in diameter and can be found in areas of frequent occupation, such as a main thoroughfare, congested streets, and/or near schools. Currently, these defects indicate that the trey; is failing, is in iinmediate danger of Falling, or has already partially failed. These trees can be recommended for pruning or removal and should be addressed immediately after all Severe risk removals_ Severe. Numeric Risk Raring equals 9 or 10. Trees designated as presenting a Severe risk have defects that cannot be cost-effectively or practically treated. The majority of the trees in this category have multiple and significant defects present in the trunk, crown, or critical mot zone. Defective trees and/or tree: parts are most likely lamer than 20 inches in diameter and can be found in areas of frequent occupation, such as a main thoroughfare, congested streets, and/or near schools. Currently these defects indicate that the tree is failing, is in immediate danger of failing, or has already partially failed. large dead and dying trees that are high - liability risks are included in this category. This category is reserved for the highest priority removals only and corrective action should be taken as soon as possible. Notes. Additional information regarding disease. insect, mechanical damage, etc. can be included in this field. Prepared for: City of Milton, Georgia 10 Prepared by: Davey Resource Group February 14, 2012 Attachment B Inventory Data Field Descriptions and Sizes 'rhe following data fields and input/collection code formats are Davey's recommended fields for a street tree inventory. These fields and their acceptable values will be programmed into Davey's hand-held field computers for the inventory data collection. Data Field Name Field Format Input Notes Definition Area ❑ namic Pick List Alpha &_ Numeric Subdivision name or code 9 _ or Latinn Pick List Borderline Public space site Off ROW Park/Public Space Street Unknown Blockside Input Fields On Street Pick List Street name: master file Street tree is located on _ Frn>rr Strret['ick list Street name: master file Cro+s street from tree w To Street Pick List Street name: master file Cross street towards tree Rog, 1-999 Ri ht-of-wa : master file Address Input Fields :Area [Dynamic ]lick List Alpha 3 Numeric Crahapple Hwy 9 Arnold Mill/SR 140 Bell Memorial Park Birmingham Park Crabapple House Crabapple Park The Bethwell Housc/Cornmunity Center The Hopewell House Z add O1-99 Location Pick List Borderline Public space site Off ROW Park/Public Space Street Unknown Address Oen Entry Numeric Property address Assigned? YesfNo 100X Main Street Yes = addressed assigned 100 Main Street No = address not assigned Street__ Pick List Street name- master file Side - Pick List Front Location of site at address Side To Side Away Rear Median Site Auto Generate Numeric U n i que 9 ter address and Ede Tree/Site Input Fields .5e ecies Pick List Species, master File Diameter Pick ].(tit Numeric DBiI [inches] Stents Pick List l (default) One stein only 2 to 99 4 of multiple stemti Prepared for: City of Milton, Georgia 11 Prepared by: Davey Resource Group February 14, 2012 Clmdirion Pick Lj.,t Excellent 10011/6 Very Good 90% Good 80% Fair 60% Poor 40% Critical 20% Bead 0% Locution Value Pick List Excellent i 100% Good 80% Fair 60% Poor 40% _ Primuty Pick List Large Tree Clean ,47aintenanre ,Need Small Tree Clean Young Tree Train Removal Palm Prune Stump Removal Secondatly Pick List Raise Maintenance Need Reduce Thin None Observations Pick List Cavity/Decay Grate/Guard Improperly Installed Improperly Mulched Improperly Pruned Mechanical Damage Memorial Tree Nutrient Deficiency Pest Problem Poor Location Poor Root System Poor Structure Remove Hardware Serious Decline Further Inspection Yes/No No (default) No Further Inspection Yes Further Inspection Recommended Clearance Pick List _ None needed (default) Light Building Pedestrian Sign/Signal Vehicle Hardveape Damage Yesltifo No (default) Damage not present Yes Dama a resent Overhead Utilities Yes/No No (default) Utilities nol present Yes Utilities present GrowingSpace T>,pe Pick List [gland (Keeps last value) Median Natural .A rest Open; Unrestricted Raised Planter Tree LawnlParkwav Well/Pit Grooving Spacing Open entry Numeric Narrowest dimension (feet) Size Prepared for: City of Milton, Georgia 12 Prepared by: Davey Resource Group February 14, 2012 1'ruhuhilioy of Pick list ;VIA tN/A) 1=ailtrre 1 Low ? Moderate 3 High 4 Extremely High Size of Defect Pick Li:t NIA (NIA) I < 4 inches 4-20 inches 3 >20 inches Target Rating Pick List NIA (NIA) I Occasional Use 2 Intermittent Use 3 Frequent Use Other Risk Factors Pick List NIA (NIA) 4 No Additional Risk 1 Additional Risk 2 Hi h .Additional Risk Risk Rating Automatically [l None Calculated 3-4 Lora Risk 5-6 Moderate Risk 7-8 High Risk 9--10 Severe Risk ivotes Open entry Alpha & Numeric Special conditions noted GPS X Fasting Numeric Numeric Projected longitude coordinate Projected latitude coordinate: GPS Y Northing Serial Number Open ent Numeric Unique identifier 4 Date MMIDDlYY bare collected or edited Time 00:00:00 Time collected (24 hour) _ Staff name or initials Sta Pick List Prepared for; City of Milton, Georgia 13 Prepared by: Davey Resource Group February 14, 2012 Attachment C Tree Inventory Management Plan The I re>c hiv nrory Management Plan details an action plan for urban forest maintenance based on an analysis of tree inventory data. Included in the management plan are various inventory data reports of the current tree population, growing environment, and maintenance needs, as well as long-range management recommendations. Management Plan Sections Executive Summary—This section presents a brief overview of inventory findings. It discusses major treads identified in the inventory, including species composition, maintenance requirements, tree values, and conditions. Methodology—This section details the definitions and data collection methods used to conduct the inventory. All information collected will be documented. Tree Population—This section discusses tree population characteristics that affect management, especially species diversity, urban forest stocking level, potential planting sites, urban forest condition, and maintenance requirements. Additionally, specific trends, observations, and concerns noted during data collection will be discussed. Benefits Anavlsis—This section discusses the results of the ]Tree Streets analysis and their revelance to the management of`City owned trees. Urban Tree Canopy Analysis —This section discusses the results of the UTC analysis and regulations both development and non -development that contribute to tree loss. Identification of management stagedies that will increase tree canopy coverage within the City limits. Urban Forest Management Program—This section details the activities that will constitute a multi-year urban forest management program. Headings in this section will include: priority maintenance needs; routine pruning program; training and small tree pruning programs; annual tree planting programs; and public relations. A comprehensive estimated budget will also be provided for each of the above activities. Appendices—Also provided is a complete set of appendices that will be an important reference for the Future. Included are the following: planting and pruning guidelines; recommended tree species; a sample comprehensive tree ordinance; a sample tree preservation ordinance; sample specifications for contracting tree work; and sources of additional information in urban forestry and arboriculture. Prepared for. City of Milton, Georgia 14 Prepared by., Davey Resource Group February 14, 2012 Attachment D Education & Training The work will include up to three (3) meetings/strategic planning workshops with the stakeholder team to consult and update progress; and at least two (2) public meetings: 1. A mccting for the public kick off at the beginning of the project. 2. A meeting will be a final presentation to council at the end of the project_ 3. A meeting will be a training of city staff and volunteers to support ongoing maintenance of the project regarding how to utilize and update data when order's are complete. Prepared for: City of Milton, Georgia 15 Prepared by: Davey Resource Group February 14, 2012 11 MAP �>~' '; � � 1 � .l, ��_ • /�� _ - f 1 , _ _ � ]fie. LI LI tr.:.14 N CL - a _ o LL 0 STATE OF GEORGIA CITY OF MILTON EXHIBIT "B" CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-14-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the city. Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number B Authorized Officer or Agent 1Yate The Davey Tree Expert Company Title of Authorized Officer or Agent of Contractor X11HLE,�-� 7)000`7-' Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON T I$ THE -2Z DAY OF , 201 otary Pu Schauer My Commission Expires: Notary Public, State of Ohio AN cpgdMian 12 STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" SUBCONSULTANT 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 The Davey Tree Expert Company 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 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [Insert Subconsultant 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: 13 �{ n EXHIBIT "D" CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS CERTIFICATION FOR CONTRACTS GRANTS, LOANS .AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowlecg : -j•ic relief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf -cif the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or mocI ication of any Federal contract, grant, loan, or cooperative agreement, (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an. employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "disclosure Farm to Report Lobbying° , in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts. sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representatiion of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 iU.S. Code ,Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,0070 and not more than $100,000 for each such failure. �V��, na rel � Z� , as Name and Titfe n �c4ofukm Date 14 GEORGIA FORESTRY C 0 M M I S S 4 a 1W— September 19. 2011 Michele McIntosh -Ross Planner City ol' Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Dear Michele: Enclosed please find an executed copy of the grant agreement, along with copies of the Federal assurances that were signed for your Urban & Community Forestry grant. !'lease retain these documents along with documentation of project expenses and copies of the project's deliverables during the project year and for three years From the project's completion. V If you have any questions at all about the grant, including reporting procedures, please do not hesitate to contact me at (6 78) 476-6226 or jscales a7gfc.state_ca_us. Sincerely, Joan Scales Partnership Coordinator Grant ii 1 l:1 i Ci RANT A C:REEMF_NT FOR URBAN _ SND COMM J ViTY FORF.STR f' GRA NT PROGRAM I'his agreement is made and entered into this _ day e]f'Autni-�:, 2011. h\ and bct\\t Lca the Ocor-1.1 forest€—v Commission. hereinatier referred to as the "Commission". and City of Milion. hercinati'ter relCrred to a-4 the " Sub-(irantoQ". WI TNI 'IS SI"'I I I WI IPRFAS, the Commission Is the Cicsi-limcd il,ille\ tL) expCild the I I.S. Fores[ Service portion of the t"l'allit Milds Cor the Urban alld ('0111munity Foremry (:Clint Prooram In (ieorginE and G'v'I-IEIZEAS, City of Milton. is die: recipiem ol'l I -h -mi and C.'ommimilly Fol-cstl- Orallt Propraill I111lds to Create and support all tlrhan and C omnamil% i'oreslry progrllni E'v illiplelllClunl", the pro,cct entitled City or Mifton 'Tice inventor -y, Assessment, and N-lana-ement Plain: NOW FJ IIiI�EiI=()1ZF. flor and in COIISIJOI-060r, 0['1hL IULILtlaI benelIts to elicit part` as here I11"I f.er appear E &Al , Lhc 1XtrtiCS mutually a_,reu ars :allows. A. '1'I I1 _ Si 113-ORAiV'f1:1: ACiRI:1;5: 1 . To implemem the above mentioned Urban and Community l oresiry prollccL P1 11:15, as tipe tilled in Altachment 13 (Project Pre}posal/ application) with fundim, cllan�-es and noll- I'undable project proposals arid/or modi[iealtions noted therein. 2. To match tlrban and Con,: ill Unity Forestry fLlnd" wit 1, noir- f'ederaI funds and/or in-kind contl-i[ILLI innS01'al Nast 5-0 percent of tile total 1)r(Ljec:L amoLlnt. i. to provide (iocunlcntation cll'thc local match, both cash contribalioils and irl-land contributions, with volunteer labor (tacumented per Attachment C (VS1WLACer Si�11-111 Shect), 4- To complete the pnojc:et by August 31, 2012. 5. Vo rtotili the C'clmiluss€oll ill writin,: of'alnv proposcd or llecessal'y changes to the project y7C li7re Ii3lfllL'Ii1C:;Bill S� suld c:hangcs. 6- Fn 1•ef'rain front Llsillt= tlrhall .111d C'on1111unity f=orestry :rinds 1'or aav items or services other than those 'included 117 tile ori-in:11 proJec:t pi'Oposaf, Unless prior approval Ilan been obtained ill writin-:'rani the Commissioa. To maitre gLKll'terl) progress reports (Attachment I=) IS schCdL1lcC1 to the (teorgia Forestry Com K To comply with requirements of the Special ASSUrances (Attachment A). L). jeet Rcport (,1ttachill eirl I]) b% August 31, 2012.1 -he limn vepoFt .vill hiclude a project evc11uaiiOr1- liiluneiai tilalelnenl_ photogi-aphs, and other appIicaible docu[it entation. 10. To provide cc)pies ofalI publications Imi(i fair by Ilrban and Cclillmualty Forestry Ciranl Pro-ranl :rinds to 111c Commission for revile• and approval prior to sinal printing. Pane 1 (1!' 3 CSM& 1 1. To include the 1101 lowing credit on all iniormat111n dissen-,mated from this plroiect: Fi ndsfnr this project were pros -inert by 11re I'M an ititd C'riiminditiry Forestri' Grrrrrl Prourrrtn udmitti.wered h1• the Georgia Forestry C ununissiorr. The U.S. Department of : i ricttlture (C'SD: k) prohibits disc•rindnatiou itr all its programs and activities tett the hush of' race, color, uatiowd uri;;ilt, ;;ender, reli iron, rr;e, disabilin-, pohliced helkfs, scsual arlemation, cured wariud or frtmlly status. (NoI all prohibited buses upplp to all programs.) Pe^ -ons kith disuhilitics who require itltertrrrtire means for canummic•utiott nj- pro:grarn iftfurmarion (Braille, lance print, urullompe, rte.) sltr►trlrl coittuct I�'.SD,I'.s T tRGE7: C-ertter al 202-720-2600 (voice and TDD). To file a vampluint of discrinrinutiem, write 1 SA I, Director, Office of Civil R{gifts, Ravin 326-A, Whitten 8trildi i . 140a wid lndependertc•e:l venue, .SH', It'cr.shi"Atun, DC 0250-94111 or cull 202-720-5904 (coke or TDD). I'.SD t is all equal opportuni(1• provider and ettmplaYer, 12. Fo maintainall praiect recnrds in an orderly t'Ornl liar Male audit lilt- at least three 0 j year~ alter final payment. 13. To hold harmless the Commission. its officer-, agent,. and en1111(r res Cron any anld all claim 111r damapes or itljuries to p-erslms or property that way be sustained as a result ol, the perlilrmarnce ol'tllc Sub-(irantce or his agents in connection -111, this agreement. 13. THE COMMISSION AC KEFIS: d . 'I't) prc)vicle the finalicia1 !4,ram nlzt to exceed $20,000 to irnpIoimm ( IrlNlrn and Coll I crusta• (';rant Project #I I :IS_ 2. Vo reimburse Sub -Grantee upon receipt ot'atn approved request fir reilnhtr:'til:lllcnl Iornl (Attachment F) kit complet1011 171 ['project or on it [:1351. rQIml)unwiiient basis agreed to b) both parties: provided, howevirr. the total amount shall not exceed $20,000, C. -i'IIF COMMISSION AND TI IF StIt3-(RANT I"F MtJTtIAI.I.Y A(;KIT: I . l.ac'ws Governing the Agreement: This a grcemont ,1ta11I and i, deemed to he mic math under the laws of, the State 171 Georgi"tai onIy and shall Ix: C01ISt1'CICd and +givers ei1-ect in aa accordlice with tile latws of ('rGovola and 1-iol milerwise. ?. The paymenis to the Sub -Grantee by the Commission dial] he ha5rd ulxxil receipt ofail approved Request for Reimbursement form (Attachmem I?) conlainim,, Traject Number, Fedenal I,mployer, Identification Nt1niher or Social Security nt1t1 bcr. which,uver i, appliczlble, and documcntatioll ()Cespenditures: �. that ten perCi nt of'the orant aniculnt •c ill be held by the Commission until approval of linai report; f, That i1'any profit dollars are ealrlled this grani proicct. profit dollar: xvill be tltiI -ed IoIVard all urban Forestry project that will assist in meelin', the of jectivcs of, this grain( pr( jcct: 7. Fhat this a oreemcnt is at all tilde~ suhjeCI W aippliu I ll: State lases, standards. ancilla• rules and regulations now existing lir which niay hcruu ter he enacted and/or adopted by the Statc of (icor-ia or the State Foresm- Commission: and that illi; A,;rccmont anti alit riCUlits. plriviiegcs. and respon,;ihilities shall be interpreted and construed according to the lavs c)t,thc State 111, Georgia: i?•tac 2 ul`.) Grant #I 1:15 G. That this agreement represents the sole and complete understanding of the terms of this Agreement between the parties hereto and any changes in the scope of the Agreement shall be mutually agreed upon by and between the Commission and the Sub -Grantee and shall be incorporated in written amendments to this Agreement. 7. That neither party will publish or disseminate information concerning the project without giving all parties proper credit. 8. If., tllraugll any cause, the Sub -Grantee shall Fail to fulfill in a timely and proper manner their obligatio11 Under til is agreement, or ifthc Sub -Grantee shall violate any of the covenants, agreements or stipulations of this agreement, the Commission shall have the right to terminate this agreement by giving a thirty {30} day written notice to the Sub -Grantee of such tei-iriination and specifying the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, drawings_ graphic design, snaps, models, plznta xaphs, and reports prepared for the project under this agreement shall. at the option of the Commission, become the property- of the Commission and the Sub -Grantee shall be entitled to receive just and equitable compensation for any satisfactory wort; completed on such documents. 9. The Sub -Grantee shall be familiar and shall comply with the provisions of Title V1 of the Civil Rights Act of 1964: No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in. be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. IN WITNESS WHFRFUI=, the parties have hereunto, and to a duplicate hereof like tenor and effect, by 40 -- and through their proper officers or agents, set their hands the day and year first written above. GEORGIA 1"U FSTRY COMM],_ N Robert D. 1='at7•is, Director WITNESS (forGFO City of Milton 13000 Deerfield Parkway, Suite 1074 Milton, GA 30004 signature: � Printed Mime: _ .r �LL•C.�C L.i�LE� Tile: I!fLl cIr'r" vri# 510608862 WITNESSf'or C:it}, of Mi un) Pa,ge 3 of 3 Attachment A Special Assurances and. Provisions W-9 Request !or Taxpayer Give form to the ' Identification Number and Certification requester. Do not send to the IRS. I.iiia• . . i -i1. ';K .' I:.'r�:fir: i:: .. o- .. _w• ---•Y—` v: 1�aal- rr,o:aa �: tiY,:ci, .. ..I ., •,. .. ... . _ .. I:.I .. V-,il.. .., ir•rhi-:r•.] I'r•ri•r.�I�r.. ;�::''i Taxpayer identification Number JINj IN In lh,� :tp Yropr3:ILC L10X. Pjr indiVrelllail`,• 'Ill`• IS --oL:o lr'y rltlru.: [. ry�lt]. social—Cursty IlU naa1gr However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on r I page 3. Flu otnRr rmtdires. it ati your ,:rnnloycr idcntiff(::uion Fiurrrhrar rrIN)- If you oe nor have .� nurritu r, t-- k -j .c,� How to get a TIN :7r1 !t;i;t[: ?. or Noce, lithe occown r5 lit rr^ore, rh.: n orit? rr,�.�ic , see they Chary or. ongf, R for guid dines on ivhrrsu rfull7bur Employer identification number i Certification t1nCr�r penalties Of perjury. I civtify that: I- rbr+ nuMber Shown on thlti h3[m i5 my Cormtct laxpayer iripnti`icarkm numt-,or for € ani wilting for a nurlb(v ro bl! v -,Sued to rni;), and 2. 1 am not 5uttjer.T to baCkup vaithholding bc-r ausra' {ai 1 am exirmpt ham ;7.1Ckuf7 MkilhddI11g, Or (b3 i IIJVta nryt t)OLAI ILOLdiinl t)y rhe Inlcrnal Revenue. Service IIRS) ch. -it I aim. subject tc backup withholding as n iogal', ail :1 f1iiLAR 'o ri�porr all iarnnc•sr or rirvrclrtnrr•:, :x (C} t`tn. IRS hats notifier] inn that I rano no lonytx subject to t7ockup'withhold[nrl, and 3. I ram a U 5. !terson (incrurfinq a t; -S. r,t.';Ldc rr :ilii li}, Certification instructions. Ynt: nlu],i erns; nut K-UT1 2 DI)OW, if YO -i hover! hcrra notified by :hr: IRS [;lirt you ME? Cr,rrently Subjl2Ct tz) n,ockup ,vi:hholdinq taeraus,- you have l:iilrrl to report rill intFTroNt and d:vldr'nds on your fax rnr,rrn. For ru,rl r.si,--:[r7 transactions, item 2 drxrs riot apply. I or mortgage interosr paid, ,argt.Itsrcinn or abandrmment of WCUR'd property. rirlrcllattpn or d0bl. r.afrtnhtaions to an indivimtol retirement arrangoment (IRA), and generally, payments other than internst .ano !iv[derlds, you am not requirod to sign rho Ccrt[fcation. out you must provide your corrart TIN. (See IN, instructions on page rI j 5igr4Signature of Here U.S. person ! _ Cl L risce 111 - Purpose Purpose of Form A pt:mon who is ruquirud to file yin information return with tnca IRS, must obtain your co rcci Zax'rmyrr idcntificat:on number (11Nj to report, for examp!t,, income paid to you, roel estate transactions, mortgzg❑ oterost you paid. acquiSrtion or abandonment of sectarad property, ca-icc! IEa[ion of debt, fir contributions you made to an IRA. J.S. person, Use form W-9 only if you art a U S. person (including a resident alien). to provide your correct TIN to rhe person requesting it (the; roquo9tof) and. w -hen applicable, to. 1. Certify that the TIN you are giving is correct (or you are ,iaitlnq for ea number rn be Issued). 2. Certify that you are no; t;Ljbjf'ct to backup =,Ijithholding. or 3. Claim exerrlption from backup withholding if you rare a U.S. exempt payee - Note: If 3 rcquesrer gWS yoo 3 farm a:her tilmn Form W.9 fu requost your FiN. ,vol fatusd use the requestur's form ;, r. is S Lib srranrlally Similar to this ; Urr-n N. 9• Foreign person. If you are :t foreign IDcrSun, use the, rappropriato Form W-8 (sue Pub. 515, Withholding of Tax on Nonre=,ident Aiions ,Ind Foroign =ntitiesf. /)"Is Nonresident alien who becomes a resident alien. G(r-w Illy, only a nonresident alien individual n^:ay use the terms of . tax treaty to reduce, or climina.e U.S. tax on rcrtoin types of inc: rne. However, most tax tro atios contain n r,rovision xnovm as a: "sauiny clautir'.- f:xcr:prions specified n the saving Clause r71ay permit an uxomption from tax to continue for certain types of income raven .after the recipient has othorrJase become. a U.S. resident �:Iion for wx purposes. If you aro~ a J.S. resident alien who is n;iying on .-Irl oxccpttan r-ontrairttad in the saving clause of ra rrax treaty to d airn an exemption from U.S- tax or cert in typos of income, you must attach a statement that spncifses rhe following five items: 1. the treaty county. {serine ily this must ee the same treaty under which you claimed exumption from tax os a nonresident alien. 1 The troaty ionic: 0 addressing the income. 3. The a`ticle rlumbE,r (or Inrationj in th(: tnx trc aty that contains tete serving clause and its exceptions. 4. Tho type and :mount. cr ancon); aint qu.alificFor the exemption frorn rix. 5. 5uITiciont fa :ts iia justify the erxcmptirrn from tax undt.r the too IT1S of tl:e tre, rty rarticIu. •.r+n VI -9 -R•�V :t F r s :]I! L: i I dE h Lh,2 -Fa[e A ):!);tit's';11 AIIWII:I- ThL JIZ- her ul ID4Jpej- ri I It: n l)'l rel[ S!;I(t: JLt-( ;CiPr!!;;- vk7ndors ,-r Fhe State ij (jcckrria :ijc t•ein rit. I r, t 4LiWPII A( 1i transfers. This procc.., is C'(T( M3JC MMl r1lZili'A i [HO the ball k aco,0111 that tht: 1-eiidor �pecifio�. It i N :al alltoriiA3 7 haak draft paNI'lleill! ilIasi. t%,hidi tvv catilio( j[ thi., J[nje. N -ow ccjnczrlis exprc,,scd hti "1!r :Cnn, dcarc ill knovvin,how to ippjy the �:Jsh rv�,,,ipts (paymon(s). PaYWCTI[11, TiMile Usinu the ACH ill -voice irikirruatiun. If' your bank accepts tile IIv']itX 41JOT111,1,10n that is transferred %,i i(h rhe l7.rrrllellt. you should he aNt.- to tiLme ic Litt your Kink ac {tiunr aeric ilp, Also, , he State ha i'Jiet wt+, i rG tins ea,.: h 'k C BLICr call Io, to oni payment im-criliation. , f) dcterrTime the Ill -rder to fmIcess electronic [rIYMOI`lts ti? Y(Wr -,OmpaMYL Illrasr ti(Jjjpjete 1he f(-,jj(3%,Vjn� Zill(I ;![f:)C, C Company N,iriie & lilt # 11,7 7, d 'd --d ACH 2- :!U 1 -7 -otl are in aoj - k: v 11 wil1 t ihat Al pwnnems [cck:p,,c rc III, a S, (1-ur '"Od'S a!%[ SeJ`Vj,X1h;1I 1pu k:ul be y pa ilientti from ilio Ciec I -L re, [ry C1 E I eLl tic't. 14ble, it nt:ed Adminial ErilorMld% itill Or Cor Viol:a u%iy he %-:whcd �ii -,,7S- 75 1 4Ll Nmk "ou 111 tir ('1111 01' I A�'kj iL) fl'tlf adtfi%:s,l Lilld- 1`1:: rizinher ndicait;tl Approval No U348.0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS s .........ri•:...., ... a' l: •. mirules pr: esponse. ni:i.rdrn; lime icr reviewing -.; r= ....... 7Clud;t-9 suggestlorsfcr _.n, ., ., .i.,....... r.;a t: ..r::... .. ngIt, n. Dr 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. MOTE: Certain of then' astiu ar,ces ;nay m)t Ce appt'cadte to you` orc;ect 7r pragNIM. Ir you have ..}ues .:_ s. pease contact the awardil•g agency.=urther. ;ertim F4d'�ra' a-Y•-=fc r.g agencies may require appl:cwis :o rurlify assurzwces 1f suCl- :3 the case. you •,vitt be ratified s thz duly author zed rep-osomat:ve of the appi cant. € carti.`y thrt the applicant Has tree laga: aun thority to apply far Fedarai assislace and leis instilutional, rnarageria: ,nd financial L�:dpability (IRCILiding lunds sufficient to pay the non Federai shore of prpscct Cast) to ensure proper planning, managernent and completion ref the project described in this application. 2. V�hll give -fie awarding agency, the. Corvrptrolf^r General of the United Slat..=s aIle• if appropriatL-. the Stale• through any authorized (epresentative, access to and the right to examine, all records. books. papers, 6r documents rMlated to the award: and will establish a proper accounting sysiern in CC0rdance with generally accepted sccoun:rng standards or agency directives 3. Will establish safeguards to prohibit employees from using their pc %ilions for a purpose that constitutes or presents the appearance of personal or rraaniza=,tonal conflict of interest. or personal gain. 4- Will initiate and complete tele work within the applicable time irame after receipt of approval of the awarding agency 5. 'OhIl comply with the Intergovernmental Personnel Act of 1970 (42 U -S.0 §§4728-4763) relating to prescribed standards for rrlerit systems L'or programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel A,�rninistration (5 C.F.R. 900, Subpa-t F). 6- Will c:nnply with all Federal statutes relating t0 noridiscriTrinatlan. Tilese include but are not Itr7uted to: ta) Title VI of the Civil Rights Act of 1564 iP.L. 83.352; vuh:cn pronib 1s discriinitatio: on the basis of race. color or national origin-, (b) Title 1X of the Education Arne rid inents of 10F2, as amHnded (29 U.5 C. §§1•i81- 1683, and 1585-1688), which prohibits discriFlinatian on the basis of sex, i.c; Section 504 of the Rehabilitation Act of 19 73. as an mendea c.)9 U.S-C §754;. wtlich Prot-ibi?s discrsmrnatrcn cn, the: basis of hand -caps- (0) the Age Discrtrr:'.notion Hct of 1975. as anter.ded 02 U.S.C. y§iy6101-6.07). whit -.M prohibits Iiscriiii inatton on the basis of .-ge; te) the Drug Ahtise Office and i re atmen t Act o' 1972 iP.L. X32.255). as amended, relating to nondiscrimination on the basis of drug abuse. {f} the Comprehensives Alcohol Abase and Alcoho'ism Prevention, Treatment and Rehabilitation Act of 1970 (f'.L 91.616;. as amended. relating to nondiscrimination on the basis of alcohol abuse or alconobsm; (g) §§523 and 527 a# the Public health Service Ac; of 1912 (42 U S C §§290 dd-3 and 290 ee- 3). as amended, relating tr confidentiality of aicohol and drug abuse palient records: (n) Title V111 of the Civil Rights .Act of 1968 (42 U.S.C. §§3641 et seq.). as amended, relating !o nar•d srrlrnination in the sale, rental or financing of housing; Ii) any other nondiscnmina.ion provisions rn the specific statutets) under which application for Federal assistance is being made. and. (j) the requirerrents of any other nondiscrimination statute(s) which may apply to the application. Will comply• or nas already complied, with the requirelnents cf Titles II and II1 of the Uniform Ralocati; r, Assistance and Real Property Acquisition Policies Act of 1976 (P L 91-646) which provide for fair and equitable treatment of persons Displaced or whose property is acquired as a result of Federal or federally - assisted programs. These regrr;rements apply to a!! interests in real property acquired for project purposes recard4ess of Federai participation in purv.Mses. �• Vi'ill comply, as applicable• witrr provisions or lire Hatch Art t5 U.S.C. 9§1501-1508 and 7324-7328j which limit the political activit mes of employees whose principal employment activities are funded in whale Or in part With Federal funds Previous EdiTton Usable Standard Form 4246 t4ev. 7.97] Authorized for Local Reproduction Prescr: bad by DMB Circular A-102 G '.+'till comply, as app'.:cat?e. 'filth t!:e proois:ans of the De..vls- ?acon AiCt 00 U-.5 !. ,§27"e1 t.: 27-a-7.). th4 Cop'e€anri A :- ;4G U S C. g27uC and 1 � U.S C. §374). and Ere Cor -tract A'a,k HourG :and Safety Standards r ':t !40 U_S, C. §§32 °3; rzgard na :agar Sta:1d =rds for =edera'!y-a:s,ste d lanstul;t�G;1 Sail a�,]rei°ir�r's i:lll ; onlph, zf appl!;;aL!o. '.vitt: tlooa nsurin• pun• ,,ase requirements of Section 1 G21a� or the =: I-.5. €)EPART j1ENT O F AG RIC ULTI ill•: Certification Regarding Debar-ownt, Suspension, and (Other €2espon-Abi€iti' Nutters - Priman- C cnei'ed T ratisactions ! I1,ti C�:111:C::Linr1 :} acluirctl iz% i. -:C LC1Ulatle+li1 Ilett ['141131 17; Iii I;.\CCilllle tlr"lcr 12i4':. Alld tiialiertiitllt. fart +1+1-" 1�«ii::n +l117,3 1 0_ f'':1'li�i;:'„[1l l'ar :•%•I_'LIht[ c1i'.. :a i':krE ;l c+t lily lant:a:� 0.:989 i'rklend keoistu-(hu�-cs 4722-173?!. Uo'ries of Llic rqulatioil, m . he llh,:tMCt.[ by c�lrtt :,iiti + 11,E IJCi':3r1III LAI t k I'i.:U'!U:rC.I CnCI t1O'cri1iu Llie 111% wN d CO1 CEYt1 it•.1r1SI.W!inn- €3�':FORF. C'[J19I'1.L:'i`ING CFRTIF€C";�TB��Ni ki�:.AD (NS"I"RL T[()6 -S ON €2,EV RSE) l I ! I ht pro q)c`Iil C rrimar, I7iriicil7:int CCrii lIU." ill the hCtil 01'4s knmt lcdwc zind I,Ci-1et. Llial it a I I d illi ri'inC]pa lti; (a) .u•c n,+t presentk dcharrcd. ,uspeadcd- propo-sed for tfehurvncm. Jecltrc� nulloibl-% or l()Iumar! I” cNk:litded iron clncred Lrwmmit) 11%hi aiul Fvdcral Jmurtilliml rraOenet: IN ll.ne not. �.liIhIn a thr'cc-!'car period prcc4Sin&A this I,rtlposa1 heal CO11\iCLCd U[ 0 11 ad a civil judgement rt [ndcred againsi them li+r commissiOli Of fiaLiel kir :t :I-iMitt.11 011Icr[se in 4111711CCiioll WiLh tibiainuig- ifttt:mpting k3 ohtain. t1r I:.r i+rnun a tf c1.leral_ tit:tte Or IOCUI.s [r:znsaCdOn ur Ckl1Itl'aCL udder U ruhlie u:ulsaction: V:tiktlimt cl- FecJclal or slate anri[rus: statt:W.% or cntnInissiun of e lI)CYAcmeat. the ii. li FQCTV. hrihCP . 13! SiIIC:tlit'r1 Or dc,u'Lrvtiun of rt curd ti. making lalsc st:ncmcnis. or recci>,ing stollen properL� [�1 arc holt presemI i!1tli,�i;xl iilrur other%Ise criminaiI orcilill% chal'gcd t,� a Lcte"crnnic:ntal rkaity' L1:icdemL Suit! [1r hoealI With commission nl' an} nl' ihr s1l7cn es .numcralcJ in r.:rttgt`Up11 { I )t 11 L7 1111 CCI•(itlCad 0[l; an+.l {d) ftaVz not 11'ithin 4i III rcc-]cur period prewding this zu)plicat'tit11:1,i'c vo."aI had title 111' more public Lransuctions (1,cderai_ Stale or local) Lerniinated for c!u5c 11r dt:La1 :I t. (2) Where the 11 rns peel ilr 1) r! n; ark I1urti ci hant i, Ll11;!hIu to ccKili Lu 'LE ll% of Li3u -sL atc it is I7 is i i I this cc E" t ili ca t i u 11 ,ucit rrnsn+ cti� c Iru'iicif,:Ent,h 11 aUaCh an e\pl.ulatiLln u+ this Izrc3rlls:tl_ { '� � % r ! =r .] ;E `+j f I'•1�] �lr�-��I?✓!Ir .� .-y7r•j,:7rFl.�, /1,�.�1:. .,sr,. ni_:orir:ul r. 1:;1::1+1 1i �t;ird iiLmheror PvtvcL Kai It� .fl;J � rr %• tL �}�• r�r- Nitno,r.nld :::?n;i,:lAodiunrtu' Re[IFOe licurtcEsl � 51 Iti11 LIW SI �•' Y iYStu• r Form AD -1047 i f•'12i rIiN[TED STATES DEPARTMENT OF AGRICULTURE CERTIFICATION REGARD3NG DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS l'^rs 'e I•t:'i Cat;r:r I4..'q:.11 e-: L 7 t'q;= l l at l o j,s impicw,:: '. y Serin�r.s t-�1r3d rt Ino �ruy-ire? :".•]rhf: { •*� Qt "".8 .Fuc. •.- '0:]-6gt] ti!la ` SL. Sfitie D. s l U.S,kn. . r) ; e seq-, r:FR Per! 2017 ti,,._ .! F. Sect:!�n :ir',1- riG 7- Purpose. The .tnuary 3 i }lay r( y.ai,7[::7ns .-r' -. r11 and �, c amended putiisrted as Part i .-f the May 25, 1990 Federal Register (pages 21x$1-2!691) cotes of the reg_,lat,cns may to obtained by ccmtac.,ing the epaflrnent i1f Ac;n:u=tare :iger:ry offering the yr:fnt. ;Before completing Certification, read instructions on page 2) Alternative I ilio grGrit .e iter ivies that :t :vii' ,�r ;I' c-ont ruo to p1- vide a 1%ig , free vrorkp!are by: (a) Publishing a statement natifyirg employees that the unlawid manufacture, distnbution, dispensing, possession, or use of a cantrol!ed substance is prohibited in the grantee's workplace acid specifying the actions that wiff be taken against employees for viriiation of such prohibition: (b) Establ:shino an Ongoing drug-free awareness program to inform employees about -- (t) The dangers of drug abuse in the workplace: (2) The grarlee's policy of maintaining a drug -fry workplace; (3) Any available drug counseling, rehabilitalion, and eniployee assistance programs, and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making rt a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the Statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) -(1) Abide by the terms of the statement: and (2) Notify the employer in writing of his or her conviction for a violating. of a criminal drug statute occurring in the workplace no later than Five calendar days after such Convic[iCn: te} Notifying the agency in writing. within ten calendar days afler receiving notice under subparagraph (d)t21 from an employee or otherwise receiving actual notice of such conviction. Empinyers of ronvicted employees must provide notice including position title- to every grant off cer on whose grant activity the convicted employee was working, unless the Federal agency his designated a central point for :he receipt of such notiCe6 Notice Shall include the identification nurnber(s) of each affecteC grant-, ir) Ta k•. ng one of the fat Iovrrig aCliGns- ivrthin 30 calendar ca Vs of receiving r.-oiice under subparagraph [#)t2], with r gt7eCt to any employee who is so convicted -- t1; Taking appropriate personnel action against such an enlpioyee. rip to and rruluding termination, consistent with the Muia;irents of the Rehabilitation Act of 1973. as an'crlded:lir t2j Requiring such employee to ❑articipare satisfactofity in a drug abase assistance or rehabilitation program approved for such purposes by a Federal, Slate, or loca' health. Iaw er4orcen ent, or other appropriate agency; 91 Making a good fai.i- effort to contin,re to maintain a Chug -free wgrkplace through implementation of paragraphs (a), (b), (cl- 0), (e) avid tfl- B. The grantee may inset? in the space provided beIow the site (s) for the performance of work daeie ,n connection with the specific grant Plac,e of Performance (Street artdress, city. county. State. zip code) r .;� a c�'• ' � 'E� �,r _ :j .`t' I! .I _. moi. •: G Checsc if 'there are workplaces on file that are not identified here. // r ff/ 4 i /�"J L r Organizafion Na. e I/• I Award Number or Project Name 'k- LLr !name and Title of Authoriz-gid Representative e Date Farm AD -1049 (REV 5190) 141/5 CERTIFICATION FOR CONTRACTS, GRANTS. ; 0ANS AND COOPERATIVE AGREEMENTS The undersigned certifies. to the hest of his of her knowledge and belief. that (1) No feperal appropriated funds have been uaid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal; amendment, or modification of any Federal contract, grant 'oan, or cooperative agreement. {2) If any funds ether than Federai appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction -vas made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 131-2, title 31 J.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,004 and not more than $100,000 for each such failure. Signature Date ' Name and Title 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: February 28, 2012 for March 19, 2012 Council meeting Agenda Item: Approval of Indication of Roundabout Support and Lighting with GDOT for the Intersection Improvement at SR 372/Birmingham Highway at McFarlin Lane and at SR 372/Crabapple Road at Crabapple Chase Drive. Background: The concept plans for SR 372 (Crabapple Road/Birmingham Hwy) intersection improvements (formerly known as Mayfield at Mid Broadwell) includes two roundabouts. The roundabouts are proposed at the intersection of SR 372/Birmingham Hwy and McFarlin Lane and at the intersection of SR 372/Crabapple Rd and Crabapple Chase Drive. The Georgia Department of Transportation (GDOT) requires an indication of commitment from the local government for: - The full and entire cost of the electric energy used for any lighting installed (if needed) - Any maintenance costs associated with the landscaping (after construction is complete) Legal Review: Paul Higbee, Jarrard & Davis on 2/28/12 Attachments: Indication of Roundabout Support Letter City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 INDICATION OF ROUNDABOUT SUPPORT To the Georgia Department of Transportation: Attn: State Traffic Engineer 935 E. Confederate Ave, Building 24 Atlanta, GA 30316 Location The CITY OF MILTON, in FULTON County supports the consideration of a roundabout at the locations specified below. Local Street Names: SR 372/BIRMINGHAM HIGHWAY at MCFARLIN LANE SR 372/CRABAPPLE ROAD at CRABAPPLE CHASE DRIVE State/County Route Numbers: SR 372 Associated Conditions The undersigned agrees to participate in the following maintenance of the intersection in the event that the roundabout is selected as the preferred concept alternative: - The full and entire cost of the electric energy used for any lighting installed (if needed) - Any maintenance costs associated with the landscaping (after construction is complete) We agree to participate in a formal Local Government Lighting Project Agreement during the preliminary design phase. This indication of support is submitted and all of the conditions are hereby agreed to. The undersigned are duly authorized to execute this agreement. This is the ______ day of ___________________, 20_________ Attest: By: _________________________________________ ________________________________________ Title: _________________________________________ Clerk 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: March 5, 2012 for the March 19, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for a Phase I Environmental Site Assessment and Geotechnical Evaluation for 15155 Hopewell Road Discussion: In February 2012 the city placed the property located at 15155 Hopewell Road, adjacent to Bell Memorial Park, under contract for purchase. Under our normal course of due diligence a Phase I Environmental Site Assessment (ESA) and a limited geotechnical study is recommended. The Phase I assessment is intended to provide background information to determine if some use or condition may have existed on the site that may warrant further environmental evaluation. The geotechnical evaluation will provide for 8 soil borings to a maximum depth of 15 feet. While these borings only indicate the conditions at that specific location it does provide some indication of potential development limitations that may exist at this site, groundwater, rock, soil conditions, etc… Staff is recommending approval of the lump sum professional services agreement with Universal Engineering Sciences, Inc. in the amount of $4,100. Legal Review: Professional Services Agreement – Paul Higbee, Jarrard & Davis on 3/1/2012 Financial: Funding for this project is available in Parks & Recreation Land Acquisition & Park Enhancement budget Attachments: 1. Professional Services Agreement A a City of Milton tb PROFESSIONAL SERVICES AGREEMENT 3.82 ACRE TRACT LOCATED AT 15155 HOPEWELL ROAD PHASE I ESA AND GEOTECHNICAL EVALUATION This Agreement made and entered into this 5 day of March, in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services for the evaluation of the property located at 15155 Hopewell Road; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein and below. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee not to exceed the following amounts (the "Contract Price") without prior written approval from the City: Task 1: Phase 1 ESA $1,500 Task 2: Geotechnical Exploration and Evaluation $2,600 r. '`�,,�„g Cilyot Nillcn Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant 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. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be 2 e %J/\ " \ y 1 Gly of NUton s �S subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (0) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be Subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pavee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from the date of the issuance of a written Notice to Proceed to the completion of the work or December 31, 2012, whichever comes first. The work described herein shall be completed within 45 calendar days from the Notice to Proceed. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance wider this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. rp� 5 t�, f CITY of Millon 1 1.0 Interpretation of Documents hi the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 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. 14.0 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. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Scott Thomson, PE Universal Engineering Sciences 3040 Business Park Dr, Suite F Norcross, Georgia 30071 6 '. Oily oRdNlon 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the - Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit 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 `B" and "C" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10- 71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit `B", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "C" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subconu actors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's 7 Gly of MHlon 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 hereto as Exhibit "B" and incorporated herein by this reference. 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "D", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] s Glyo(MIA)n SIGNED, SEALED, AND DELIVERED in the presence of: -�- o--L�) Attest: • , Secretary Nott PRIM ..,... .... �........, pft D00895850 es 7/10/2013 n., Inc I ...e Universal Engineerin cien c. Signatur . Mark Israel, resident [AFFIX CORPORATE CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: A III `6yof Millon [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Provide professional engineering services related to geotechnical and environmental evaluations for a 3.82 acre tract of land located at 15155 Hopewell Road, Milton, Georgia. Those services are more fully described as follows: TASK I — Phase I Environmental Site Assessment (ESA) The objective of the Phase I ESA is to provide an independent, professional opinion regarding recognized environmental conditions (RECs) associated with the referenced property. Specifically, we will use American Society for Testing and Materials Standard E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process as a guideline. The following tasks will be completed during the assessment: • Interview key site personnel, as available, regarding current and previous uses of the property, particularly activities involving hazardous materials and wastes. • Investigate historical use of the property by examining locally available aerial photographs and other readily available historical information (e.g., fire insurance maps, city directories). • Review property records (e.g., Tax Assessors Office) to ascertain previous ownership and historical property use, to the extent these records are available. This may not result in a 50 year chain -of -title. • Document information available on general geology and topography of the property, local groundwater conditions, sources of water, power, and sewer, and proximity to ecologically sensitive receptors (e.g., streams). • Conduct an onsite walkthrough inspection of the property for visual evidence of potential environmental concerns including: -- Existing or potential soil and by soil staining, discoloration, waste dumping/burial; -- Pits, ponds, or lagoons; water contamination, as evidenced stressed vegetation, or indications of Containers of hazardous substances or petroleum products; -- Electrical equipment that may contain polychlorinated biphenyls (PCBs), such as electrical transformers and capacitors; Underground storage tanks (USTs); Aboveground storage tanks (ASTs); 10 Suspect asbestos containing materials (ACM). Readily accessible suspect ACM will be listed and condition noted. No bulk material samples will be collected. • Review readily available information with respect to radon gas potential. • Perform a property line visual assessment of adjoining property for evidence of potential environmental conditions that may affect the subject property. Identification of wetland conditions, protected species and habitat, and cultural and archeological resources will be evaluated by the review of the National Wetlands Inventory, National Historic Register, and U.S. Fish & Wildlife databases. If UBS determines from the review of the aforementioned databases that suspect wetlands, protected species, and cultural and archeological resources exist at the site, UES will make the appropriate recommendations in the Phase I ESA Report for further evaluation. Review a commercial database summary of federal and state regulatory agency records pertinent to the site and properties within ASTM recommended search distances, including (1) the National Priorities List (NPL) and the Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) inventory maintained by USEPA, (2) inventories of known or suspected sites of environmental impairment maintained by state and local regulatory authorities, and (3) underground storage tank registration inventories maintained by state and local regulatory authorities. In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the Browrzfiel(Is Anxendments"), the user must provide the user questionnaire to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry, is not complete. The user questionnaire is provided as an attachment to this proposal. The user is required to provide information regarding environmental liens. The scope of the environmental cleanup lien search is limited to reasonably ascertainable land title records. • Prepare a written —report including work performed, findings, conclusions, and recommendations for additional investigation (as necessary) to evaluate identified RECs or business environmental risks that may have an impact on site development. If possible, please provide the following information/documents: • Plot plan and legal description. • Any other data, previous reports, or information with respect to the subject property. • Questionnaire (attached) TASK 2 —Geotechnical Evaluation Consultant shall explore the site with 8 soil test borings. The borings will be extended to 15 feet below the existing grade. All borings will be extended to their predetermined termination depth or auger refusal whichever occurs first. We have assumed the site is accessible to an ATV drill rig. We have not included in this scope any provisions for clearing the site with a bulldozer. The exploration data will be analyzed by our geotechnical engineering staff and discussed with you, and a formal geotechnical report will be submitted. This report will include the findings of the exploration and our geotechnical conclusions and recommendations regarding: • Site preparation measures including stripping and the need for any special undercutting or stabilization; • Ground water control, if needed; • Potential for rock; • Excavation; • Suitability of on-site soils for use as structural fill; and • Fill compaction requirements. Price does not include any monies for clearing with a bulldozer, based on aerial photographs of the site, it will not be required. If it is required, we can subcontract these services for a daily rate of $1,400.00. Any required permits will be the responsibility of others. 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 provided by the City. 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 Universal Enginee, Sciences, Inc. Title of Authorized Officer or Agent of Contractor Printed Name of ALIthorizecf Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Z_ DAY OF X14 k--, 2012 -� Notary Public My Commission Expires: 'j-0, A V"iHN 13 '��F„� Cily of Millon STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.0 G.A. § 50-36- 1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executedin 0 r �"' � � (city), (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THI$ THE Z�DAY,0 f%l�e , 20 2 NOTARY PUBLIC My Commission Expires:. �t ' -. oi',y cf klilon 15 Client#: 1405231 131UNIVEENG ACORD..CERTIFICATE OF LIABILITY INSURANCE DATE 3/02/2IDDIYYYY) 3/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED the potIcy(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 BB&T - J. Rolfe Davis PHONE SNC , No, Ext __ 407 691-9600 RNC o 888.635-418 —_,i_ . �--- PO BOX 4927 EMAIL Orlando, FL 32802-4927 ADOREss_ _ INSURER(S)AFFORDING COVERAGE x-- NAI 407691-9600 I INSURER A. Endurance American Specialty In 41718 INSURED _ B. Navigators Specialty Insurance _ 36056 Universal Engineering Sciences Inc _INSURER !INSURER C, Phoenix Insurance Company __-- — _--- 25623 3532 Maggie Blvd. '. INsuRERO Travelers In Company of 25666 Orlando, FL 32811 Charter Oak Fire Insurance Comp 125615 UUVtKAi UCKIII-luAICINUIIumcm; ND)I LIW IGNUp11Ult rtwro,vrv. �,ncr.,. 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 WITFI RESPECT 'r0 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _INSR WVDPOLICY NUMBER jMMIDDIYYYY)ItMMODIYVYY) LIMITS A GENERAL LIABILITY X ECC10100846403 01/01/201201/01/2013 EACHOCCURRENCF I55000000 - X COMMERCIAL GENERAL LIABILITY _I CLAIMS -MADE Cl OCCUR X� Incl X,C,U XI Blkt Contractual GEN -L AGGREGATE LIMIT APPLIES PER E I AUTOMOBILE LIABILITY vi ANY AUTO ALL OWNED SCHEDULED _ AUTOSAUTOS HIREDAUTOS NON-OWNED AUTOS B 1 1 UMBRELLA LIAR'I X 1 OCCUR Ix:PI3-Y-9�L•\1• X I P810544M2006 CH12EXC6279921C WORKERS COMPENSATION C X UB544M2006-Florida AND EMPLOYERS' LIABILITY D ANY OFFICERIMEMB REXCLUDED?ECUTIVE rv/N NIA! UB1787X809-Georgia (Mandatory In NID 1 A (Professional& Pollution Liab ECC 10100846503 101101 MED EXP(Any one person) ,ISD PERSONAL&ADV INJURY 1.55 1 GENERAL AGGREGATE_ X55 r-- IPRODUCTS-COMPIOPAGE_ S5 IS - —1- 01 COMBINED SINGLE LIMIT1 /01/2013`'(Eaacoidonll BODILY INJURY (Per person) !S BODILY INJURY (Per accident) S PROPERTY DAMAGE S (Per acc, tle di I S 01/01/2013 EACHOCCURRENCE $9 AGGREGATE IS9 is 01/01/2013 We srnra _�- iER-- X .LOEY1�tLS .i- 01/01/20131 E.L. EACH ACCIDENT $1 E.L. DISEASE , EA EMPLOYEE S1 E.L. DISEASE, POLICY LIMIT $1 01/01/2013 Each Claim $8,000,000 Aggregate $8,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space is required) Additional Insured status is granted with respect to General Liability if required by written contract per endorsement "Additional Insured -Owner, Lessees or Contractors -Automatic Status When Required in Construction Agreement with You" Form #CG2033 07/04. Additional Insured status is granted with respect to General Liability if the following forms are required by written contract per "Additional Insured -Owners, Lessees or Contractors" Form #CG2010 0704 and "Additional Insured -Owners, Lessees or Contractors -Completed (See Attached Descriptions) SHOULD City of Milton THE EXPIRATION HABOVE POLICIES DATTETHEREOF, NOTICEWILL CBECBEFORE IN Suite 107G ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway Alpharetta, GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S8257823/M8043198 PSBE DESCRIPTIONS (Continued from Page 1) Operations" Form #CG2037 0704. Primary and Non -Contributory with respects to General Liability if required by written contract per "Automatic Primary and Non -Contributory Insurance Endorsement, Designated Work or Project(s)" Form# FEI-548 ECC0708. Additional Insured status is granted with respect to Automobile Liability if required by written contract per endorsement Business Auto Extension Endorsement Form #CAT353 0609. Also included is an Auto Liability Excess Policy (North River Insurance Company, Policy #537451676, policy term 1-1-2012 to 1-1-2013), which provides an additional $1,000,000 excess liability layer above the underlying $1,000,000 liability limits provided by primary auto policy with Charter Oak Fire Insurance Company. The $9,000,000. Excess Liability policy is excess above the underlying and excess layers. The Professional Liability policy contains an available "Extended Reporting Period Endorsement' form #FEI 318 -ECC 0708, at the election of the insured at the end of the policy term, subject to the terms & payment of the endorsement. SAGITTA 25.3 (2010105) 2 of 2 #S8257823/M8043198 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: March 5, 2012 for the March 19, 2012 Regular Council Meeting Agenda Item: Consent to Assignment of Drainage Easements Between Paul and Maura Demit and the White Columns Community Association, Inc. and Siobahn and Robert Schaeffer and White Columns Association, Inc. Discussion: Following a legal review regarding the facts of a drainage complaint from Dinsmore Road the city completed a drainage project to resolve the issue. As part of the agreement for the completion of the work maintenance of the easement would be turned over to the White Columns Community Association. Also, as part of the easement the city would retain rights to utilize the drainage system for the intended purpose of conveying storm water runoff from Dinsmore Road through the Demit and Schaefer properties. Approval of this item authorizes the mayor to sign the easement agreements to consent to the assignment of the easement to the White Columns Community Association. Staff is recommending approval of this agenda item. Legal Review: Paul Higbee, Jarrard & Davis Financial: N/A Attachments: 1. Easement Agreement For Drainage Areas After recording, return to: Paul N. Higbee, Jr. .larrard & Davis, LLP 145 Pilgrim Village Drive Suite 200 Cumming, Georgia 300040 EASEMENT AGREEMENT FOR DRAINAGE AREAS THIS EASEMENT AGREEMENT FOR DRAINE AREAS (hereinafter referred to as this "Agreement') is made this day of 4Wy, 2011, by and between PAUL E. DEMIT and MAURA E. REMIT (hereinafter referred to collectively as the "Grantor"), and WHITE COLUMNS COMMUNITY ASSOCIATION, INC., a Georgia non-profit corporation (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property lying and being in Land Lot 528 of the 2`6 District, 2"d Section of Fulton County, Georgia, said real property being known as Lot 7 of The Oaks at White Columns (flkla Rose Manor) as per plat recorded at Plat Book 204, Page 144, Fulton County, Georgia Records (hereinafter referred to as the "Grantor's Property"); and WHEREAS, Grantor has agreed, upon the terms and conditions hereinafter set forth, to grant an easement to Grantee over and upon certain portions of Grantor's Property as more particularly shown/described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Property"); and WHEREAS, Grantor acknowledges receipt of sufficient consideration, including but not limited to the benefit to Grantor's Property from the existence and maintenance of the Drainage Facilities, as defined below, for the use of the Drainage Easement described herein; and WHEREAS, the easement is hereby intended to provide Grantee, its successors and assigns, access to and use of certain storm water drainage facilities now or hereafter located on and about the Grantor's Property. FOR AND IN CONSIDERATION OF the above premises and the sum of TEN AND N01100 DOLLARS ($10,00) in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee do hereby agree as follows: 1. Grant Qf Acc ss Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual easement of access, ingress, egress, passage and use, for both vehicular and pedestrian traffic, on, over, across, and upon the property more particularly shown on Ear hit `' attached hereto and by this reference made a part hereof. Said easement is granted for the purpose of allowing Grantee to operate and maintain the Drainage Facilities and related infrastructure, and the parties intend for this Agreement to be construed to grant to Grantee all power and authority necessary and appropriate for Grantee to operate and maintain the Drainage Facilities. 2. Grant of Drainage Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual, exclusive easement to discharge storm water flows into and onto any and all drainage lines and related facilities and equipment, now or hereafter located on, under, across and through the Grantor's Property (hereinafter referred to collectively as the "Drainage Facilities," more specifically described in Exhibit "A"). Grantee, at its sole expense, shall maintain the Drainage Facilities in compliance with all applicable City, County, State and Federal laws and regulations. Grantor and Grantee agree that, in the event of an emergency or Grantee's failure to inspect and/or maintain the Drainage Facilities, the City of Milton, Georgia, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Drainage Facilities for the purpose of conducting such inspection and/or maintenance thereon as may be reasonable and necessary; Grantee shall reimburse the City of Milton, Georgia for reasonable costs incurred by the City of Milton, Georgia as a result of any such inspection and/or maintenance. Grantor and Grantee agree that the City of Milton, Georgia is a third party beneficiary of this Agreement. I Conditions and Obligations with. Res_nect to the Easements. The easement granted herein and use thereof are subject to the following terms and conditions; (a) In performing any repair and/or maintenance activities permitted hereunder, Grantee shall minimize any damage to the Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Easement Property and shall immediately restore the Easement Property to its condition prior to the commencement of the work, including without limitation, the reseeding with grass and fertilizing of any disturbed portions of the Easement Property and the repairing of any drives, streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All repair and maintenance activities conducted on the Easement Property or in connection with the Drainage Facilities shall be done in a good and workmanlike manner. Grantee shall obtain all necessary permits, if any, required for said work, and any such work shall be at Grantee's sole cost and expense, and shall comply with all applicable statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers. (c) Grantor reserves the right to use the Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the use, maintenance and repair of the Drainage Facilities. 4. Successors and Assigms. The easement contained herein shall run with and be appurtenant to the Grantee's easement interest over the Grantor's Property and shall run with title to and burden the Easement Property and the Drainage Facilities forever and shall 2 be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, successors, assigns and successors -in -title of Grantor, Grantee and the City of Milton, Georgia. All obligations of Grantor and Grantee hereunder shall be binding upon their respective successors -in -title and assigns; provided the covenants and obligations herein are only personal to and enforceable against Grantor and Grantee or their successors -in -title, as the case may be, owning title to the respective properties at the time any liability or claim arising under this Agreement shall have accrued; it being intended that upon the conveyance of title by a party, the party conveying title shall thereupon be released of any liability hereunder as to the property conveyed for any breach of this Agreement or claim arising under this Agreement accruing after the date of such conveyance. 5. Taxes. Grantor and Grantee acknowledge and agree that Grantor shall pay all real estate taxes and assessments, if any, levied against the Easement Property. 5. Breach and Remedies. This Agreement shall create a privity of contract and/or estate with and between Grantor and Grantee. In the event of a breach or default, or attempted or threatened breach or default by any party hereto of any of the terms, covenants and conditions hereof, which shall not have been cured within ninety (90) days following receipt by the other party of written notice from the complaining party, the complaining party shall be entitled to: (a) full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequence of such breach or default, and (b) the right to cure any breach or default hereunder. All costs and expenses of any such suit or proceeding and all costs of curing such breach or default shall be assessed against the offending, breaching party. 7. Notice. All notices shall be in writing and shall be deemed to have been properly given on the earlier of: (i) when delivered in person, (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certified mail with return receipt requested, to the appropriate party at the address set out below, or (iii) when deposited with Federal Express, Express Mail or other overnight delivery service for next day delivery, addressed to the appropriate party at the address set out below. Grantor: 640 Scarlet Oak Trail Milton, Georgia 30004 Grantee: 500 Sugar Mill Road Building B, Suite 200 Atlanta, Georgia 30350 City of Milton, Georgia 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 With a ggpy to: ]arrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Fax No.: (678) 455-7149 Rejection or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party or parties at least ten (10) days prior written notice of the changed address. S. Entire Agreement This Agreement constitutes the entire agreement between the parties and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9. Severability. The validity of any one of the covenants, agreements, conditions or provisions of this Agreement or any portion thereof shall not affect the remaining portions thereof or any part thereof, and this Agreement shall be construed as if such covenant, agreement, condition or provision had not been inserted herein. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. (SIGNATURES ON THE FOLLOWING PAGES] 4 d, sealed and delivered in the e of: :ss Notary Public My commission expires: 1 [AFFIX NOTARIAL SEAL OR STAMP] sealed and #Ivered in the of - Notary Public My commission expires:�� [AFFIX NOTARIAL SEAL OR STAMP] Signed, sealed and delivered in the nresence of: My commission expiresje- 1 if [AFFIX NOTARIAL SEAL OR STAMP] GRANTOR: Paul E. Demit 11 �a Paul E. Demit MICHAEL DOTSON Notary Public Fulton County State of Georgi: My Commission Expires Dec 15, 2012 Maura E. Dernit ...Aw"V P"))1wt Maura E. Demit MICHAEL DOTSON Notary Public Fulton County State of Georgia My Commission Expires Dec 15, 2012 GRANTEE: White Columns Community Association, Inc. By: David Up President G r Attest: Mel Levine, Secretary [Affix Corporate Seal] �tT t � � �i*� [SIGNAT[]RES CONTINUED ON THE FOLLOWING PAGE] 2 •'u TAA `�,,,'� 5 U t4 1;lllll►+r'+• Signed, sealed and delivered in the CONSENTED TO BY: presence of: Witness Notary Public My commission expires:, (AFFIX NOTARIAL SEAL OR STAMP] City of Milton, Georgia Joe Lockwood, Mayor City Clerk Exhibit "A" Easement LEGAL DESCRIPTION LOT 7 OF THE OAKS AT WHITE COLUMNS SID 20' DRAINAGE EASEMENT All that tract or parcel of land lying and being located in Land Lot 528, District 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the intersection of the northern right of way line of Dinsmore Road (a 60' RIW) with the east line of Land Lot 528; thence go westerly along the northern right of way line of Dinsmore Road (a 60' RIW) for a distance of 704.63 feet to a point at the southeast corner of Lot 6 of The Oaks at White Columns SID; thence along the northern right of way line of Dinsmore Road (a 60' RIW), a curve to the right having a radius of 438.36 feet and an arc length of 156.21 feet, being subtended by a chord of North 56 degrees 08 minutes 48 seconds West for a distance of 15 5.3 8 feet to the common corner of Lots 6 and 7 of said subdivision; thence leaving said northern right of way line of Dinsmore Road, North 33 degrees 28 minutes 36 seconds East for a distance of 48.73 feet along the common line of Lots 6 and 7 to the TRUE POINT OF BEGINNING; THENCE along the common line of Lots 6 and 7, North 33 degrees 28 minutes 36 seconds East for a distance of 264.90 feet to a point; THENCE leaving said common line of Lots 6 and 7, South 65 degrees 29 minutes 17 seconds East for a distance of 15.09 feet to a point on the previously existing 20' drainage easement being shown on the Final Plat of The Oaks at White Columns SID, as recorded in Plat Book 209: 144-146; THENCE South 35 degrees 01 minutes 31 seconds West for a distance of 18.31 feet along the previously existing 20' drainage easement to a point; THENCE South 54 degrees 58 minutes 29 seconds East for a distance of 10.92 feet along the previously existing 20' drainage easement to a point; THENCE leaving the previously existing 20' drainage easement, North 65 degrees 29 minutes 17 seconds West for a distance of 19.97 feet to a point; THENCE South 31 degrees 28 minutes 53 seconds West for a distance of 143.95 feet to a point; THENCE South 28 degrees 09 minutes 13 seconds West for a CAIDOCUME---11CARTER---I.CITILOCALS---I\Temp\Temporary Directory 2 for attach. zipl2ol I-069rnde7-legal.doc distance of 155.00 feet to a point on the northern right of way line of Dinsmore Road (a 60' R/W); THENCE along the northern right of way line of Dinsmore Road (a 60' RIW), a curve to the right having a radius of 43 8.3 6 feet and an arc length of 24.61 feet, being subtended by a chord of North 47 degrees 53 minutes 54 seconds West for a distance of 20.61 feet to a point; THENCE leaving said northeast right of way line of Dinsmore Road, North 28 degrees 09 minutes 13 seconds East for a distance of 49.78 feet to the point of beginning; Said easement contains 4,060 S.F. and is more fully shown on a Storm. Drainage Easement Plat for the City of Milton, by Brumbelow-Reese and Associates, Inc., dated February 9, 2012, bearing their job number 2011-069, and being identified as drawing TOWC-7-DE. CADOCUME— I \CARTER— LCMLOCALS—hTempVfemporary Directory 2 for attach.zip12011-069mde7-tegal.doc CURVE TABLE L.L.481 CURVE I BEARING CHORD RADIUS ARC G3i N 47'53'54" W 1 20.61' 1 438.36' 20.61' LINE TABLE APPROX. L.L.L. LJ "THE DANS AT WHITE COLUMNS S/D" P.B. 204: 144-146 S 55"42'04" E CH - 106.98' R=479.82' L=107.20' APPR0X_ L.L.LDWC8 #0 R=300.42' L= 53.69' S 48"38'02" E L.L. 528 22.55' PREVIOUSLY EXISTING /y ❑ 70P=1022.95 q I.E.=1012.45 5 48'3 71.. CH=53.61' STORM DRAINAGE EASEMENT PLAT FOR: LOTS 6 & 7 THE OAKS AT WHITE a BEARING LENGTH 1510869.79 28'09'13" E 100.83' s 31'2853' E 162.24' o 65'29'17" E 15.19' j 65'29'17" E 15.09' 1510730.98 35'01'31" W 18.31' � J 54'58'29" E 10.92' u3S 65'2917 W 19.97' 31'28'53" W 143.95' 28'D9'13" W 155.00' 28'09'13" E 49.78' 33"28'36" € 11.84' 48'5' 35"Dl'31" W 7.40' LJ "THE DANS AT WHITE COLUMNS S/D" P.B. 204: 144-146 S 55"42'04" E CH - 106.98' R=479.82' L=107.20' APPR0X_ L.L.LDWC8 #0 R=300.42' L= 53.69' S 48"38'02" E L.L. 528 22.55' PREVIOUSLY EXISTING /y ❑ 70P=1022.95 q I.E.=1012.45 5 48'3 71.. CH=53.61' v JR #2 C/ 4 ry�o TOP -1027-34 �3" f�2 ASO I.E. IN=1022.84 I.E. OUT=1022.16/ Cg I I III ,PREVIOUSLY EXISTING YI #1 TDP=1021.95 [� WEIR=1020.95 I.E.=1012.78 2 /g PREVIOUSLY EXISTING / / d 20' DRAINAGE EASEMEN I (492 S.F.) NEW 20DRAINAGE EASEMENT = 2,462 S.F. TOP31037.52 F g dj c^q, I II I WEIR=1036.52 I.E. IN=1032.02 I.E. OUT=1031.82 Ly ❑� ��� /� I NEW 20' DRAINAGE EASEMENT= 4,050 S.F. PREVIOUSLY EX. DRAIWACIE ESM'T = 492 S•F• TOTAL DRAINAGE EASEMENT = 4,552 S.F. EXISTING ROCK RETAINING WALL �8 �O Iryh II V /' V "THE OAKS AT WHITE COLUMNS S/0" $ ter'/D II I h P.B. 204:144-146 N 37'31'51" W YI #4 CTOP=1047.83 H=158.151' R=1122.93' WEIR=1046.63 L=158.75' Lj I.E.=1043.48 aIt N 45'46'17" W` RH 438.36' L=2.55' N 56'08'48" W CH=155.38' R=438.3&' L=156.21' GRAPHIC SCALE 30 0 34 60 120 ( IN FEET } 1 inch = 66 It. v STORM DRAINAGE EASEMENT PLAT FOR: LOTS 6 & 7 THE OAKS AT WHITE a I TOP COLUMNS S/O 1510869.79 2252060.91 P.B. 204; PG:144-146 s CITY OF MILTON 8'02` E v JR #2 C/ 4 ry�o TOP -1027-34 �3" f�2 ASO I.E. IN=1022.84 I.E. OUT=1022.16/ Cg I I III ,PREVIOUSLY EXISTING YI #1 TDP=1021.95 [� WEIR=1020.95 I.E.=1012.78 2 /g PREVIOUSLY EXISTING / / d 20' DRAINAGE EASEMEN I (492 S.F.) NEW 20DRAINAGE EASEMENT = 2,462 S.F. TOP31037.52 F g dj c^q, I II I WEIR=1036.52 I.E. IN=1032.02 I.E. OUT=1031.82 Ly ❑� ��� /� I NEW 20' DRAINAGE EASEMENT= 4,050 S.F. PREVIOUSLY EX. DRAIWACIE ESM'T = 492 S•F• TOTAL DRAINAGE EASEMENT = 4,552 S.F. EXISTING ROCK RETAINING WALL �8 �O Iryh II V /' V "THE OAKS AT WHITE COLUMNS S/0" $ ter'/D II I h P.B. 204:144-146 N 37'31'51" W YI #4 CTOP=1047.83 H=158.151' R=1122.93' WEIR=1046.63 L=158.75' Lj I.E.=1043.48 aIt N 45'46'17" W` RH 438.36' L=2.55' N 56'08'48" W CH=155.38' R=438.3&' L=156.21' GRAPHIC SCALE 30 0 34 60 120 ( IN FEET } 1 inch = 66 It. v STORM DRAINAGE EASEMENT PLAT FOR: LOTS 6 & 7 THE OAKS AT WHITE a I TOP COLUMNS S/O 1510869.79 2252060.91 P.B. 204; PG:144-146 s CITY OF MILTON 22520415.66 o JB 02 LOCATED IN: j 1027.34 LAND LOTS): 528 1510730.98 2251939.90 DISTRICT: 2 SECT10N:2 � J 1510596.78 CITY OF: MILTON Iv I PATE: FEBRUARY 9, 2012 ,COUNTY OF- STATE OF GEORGIA N r 704.63' ALONG R/W TO THE EAST LINE OF LAND LOT 525 AS -BUILT STORM STRUCTURECHART STRUCTURE NORTHING I EASTING I TOP DWCB #0 1510869.79 2252060.91 1022.95 Y! #1 1510849.41 22520415.66 1021.95 JB 02 1510861.54 2252019.85 1027.34 Yl #3 1510730.98 2251939.90 1037.52 YI #4 1510596.78 2251868.08 1047.83 13RUMBELOW-REESE & ASSOC., INC. �R �s1g f/9 LAND SURVEYING SERVICES ° GEORGIA REGISTRATION N0. 2072 13885 HIGHWAY 9 Ell �vG' ALPHARETTA, GEORGIA 30004-3616 PHONE (770) 475--6817 FAX (770) 569-4948 EMAIL-- BR AS SI N C,@COM CAST. N E T After recording, return to: Paul N. Higbee, Jr. Jarrard & Davis, LLP 105 Pilgrim Village Drive Suite 200 Cumming, Georgia 300040 EASEMENT AGREEMENT FOR DRAINAGE AREAS THIS EASEMENT AGREEMENT FOR DRAINC rAS (hereinafter referred to as this "Agreement') is made this day o by and between SIOBAHN SCHAEFFER and ROBERT SCHAEFFER (hereinafter referred to collectively as the "Grantor"), and WHITE COLUMNS COMMUNITY ASSOCIATION, INC., a Georgia non-profit corporation (hereinafter referred to as the "Grantee"). WITNESSETH• WHEREAS, Grantor is the owner of certain real property lying and being in Land Lot 528 of the 2 d District, 2nd Section of Fulton County, Georgia, said real property being known as Lot 5 of The Oaks at White Columns (flkla Rose Manor) as per plat recorded at Plat Book 204, Page 144, Fulton County, Georgia Records (hereinafter referred to as the "Grantor's Property„), and WHEREAS, Grantor has agreed, upon the terms and conditions hereinafter set forth, to grant an easement to Grantee over and upon certain portions of Grantor's Property as more particularly shown/described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Property"); and WHEREAS, Grantor acknowledges receipt of sufficient consideration, including but not limited to the benefit to Grantor's Property from the existence and maintenance of the Drainage Facilities, as defined below, for the use of the Drainage Easement described herein; and WHEREAS, the easement is hereby intended to provide Grantee, its successors and assigns, access to and use of certain storm water drainage facilities now or hereafter located on and about the Grantor's Property. FOR AND IN CONSIDERATION OF the above premises and the sum of TEN AND NO/100 DOLLARS ($10.04) in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee do hereby agree as follows: 1. Grant of Access Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual easement of access, ingress, egress, passage and use, for both vehicular and pedestrian traffic, on, over, across, and upon the property more particularly shown on Exhibit "A" attached hereto and by this reference made a part hereof. Said easement is granted for the purpose of allowing Grantee to operate and maintain the Drainage Facilities and related infrastructure, and the parties intend for this Agreement to be construed to grant to Grantee all power and authority necessary and appropriate for Grantee to operate and maintain the Drainage Facilities. I Grant of Drainage Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual, exclusive easement to discharge storm water flows into and onto any and all drainage lines and related facilities and equipment, now or hereafter located on, under, across and through the Grantor's Property (hereinafter referred to collectively as the "Drainage Facilities," more specifically described in Exhibit "A"). Grantee, at its sole expense, shall maintain the Drainage Facilities in compliance with all applicable City, County, State and Federal laws and regulations. Grantor and Grantee agree that, in the event of an emergency or Grantee's failure to inspect and/or maintain the Drainage Facilities, the City of Milton, Georgia, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Drainage Facilities for the purpose of conducting such inspection and/or maintenance thereon as may be reasonable and necessary; Grantee shall reimburse the City of Milton, Georgia for reasonable costs incurred by the City of Milton, Georgia as a result of any such inspection and/or maintenance. Grantor and Grantee agree that the City of Milton, Georgia is a third party beneficiary of this Agreement. 3. Conditions and Obligations with __Respect to the. Easements. The easement granted herein and use thereof are subject to the following terms and conditions: (a) In performing any repair and/or maintenance activities permitted hereunder, Grantee shall minimize any damage to the Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Easement Property and shall immediately restore the Easement Property to its condition prior to the commencement of the work, including without limitation, the reseeding with grass and fertilizing of any disturbed portions of the Easement Property and the repairing of any drives, streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All repair and maintenance activities conducted on the Easement Property or in connection with the Drainage Facilities shall be done in a good and workmanlike manner. Grantee shall obtain all necessary permits, if any, required for said work, and any such work shall be at Grantee's sole cost and expense, and shall comply with all applicable statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers. (c) Grantor reserves the right to use the Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the use, maintenance and repair of the Drainage Facilities. 4. Successors and Assigns. The easement contained herein shall run with and be appurtenant to the Grantee's easement interest over the Grantor's Property and shall run with title to and burden the Easement Property and the Drainage Facilities forever and shall be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, successors, assigns and successors -in -title of Grantor, Grantee and the City of 2 Milton, Georgia. All obligations of Grantor and Grantee hereunder shall be binding upon their respective successors -in -title and assigns; provided the covenants and obligations herein are only personal to and enforceable against Grantor and Grantee or their successors -in -title, as the case may be, owning title to the respective properties at the time any liability or claim arising under this Agreement shall have accrued; it being intended that upon the conveyance of title by a party, the party conveying title shall thereupon be released of any liability hereunder as to the property conveyed for any breach of this Agreement or claim arising under this Agreement accruing after the date of such conveyance. 5. Taxes. Grantor and Grantee acknowledge and agree that Grantor shall pay all real estate taxes and assessments, if any, levied against the Easement Property. 6. Breach and Remedies. This Agreement shall create a privity of contract and/or estate with and between Grantor and Grantee. In the event of a breach or default, or attempted or threatened breach or default by any party hereto of any of the terms, covenants and conditions hereof, which shall not have been cured within ninety (90) days following receipt by the other party of written notice from the complaining party, the complaining party shall be entitled to: (a) full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequence of such breach or default, and (b) the right to cure any breach or default hereunder. All costs and expenses of any such suit or proceeding and all costs of curing such breach or default shall be assessed against the offending, breaching party. 7. Notice. All notices shall be in writing and shall be deemed to have been properly given on the earlier of: (i) when delivered in person, (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certified mail with return receipt requested, to the appropriate party at the address set out below, or (iii) when deposited with Federal Express, Express Mail or other overnight delivery service for next day delivery, addressed to the appropriate party at the address set out below. Grantor: 650 Scarlet Oak Trail Milton, Georgia 30004 Grantee: 500 Sugar Mill Road Building B, Suite 200 Atlanta, Georgia 30350 City of Milton, Georgia 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 With a copy to: 3 Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Fax No.. (678) 455-7149 Rejection or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party or parties at least ten (10) days prior written notice of the changed address. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9. Severability. The validity of any one of the covenants, agreements, conditions or provisions of this Agreement or any portion thereof shall not affect the remaining portions thereof or any part thereof, and this Agreement shall be construed as if such covenant, agreement, condition or provision had not been inserted herein. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. [SIGNATURES ON THE FOLLOWING PAGES] 4 Signed, sealed and delivered in the My commission expires: [AFFIX NOTARIAL Signed, sealed and delivered in the GRANTOR: Siobhan Schaeffer ■�wj�rw wl� �M' ;� . - KIM MCINER ` Notary public Fulton County State at Georgi xpire$ 5e--P1 S. 2014 Robert Schaeffer Robert Schaeffer My commission expires KIM MC{VER Notary Public Fulton County State of Georgia [AFFIX NOTARIAL S Ll+r+lllfl •xpires Sep 19, 2014 Signed, sealed and delivered in the pre en -- W'tness Not Public My commission expires -1 .) q [AFFIX NOTARIAL SEAL OR STAMP] rr ,� r -jo •`• ;x rraao C7� ' 4x .. ♦,�r CF C�ut,1 .�t GRANTEE: White Columns Community Association, Inc. By: David Upton, President Attest: Mel Levine, Secret [Affix Corporate Seal] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Signed, sealed and delivered in the CONSENTED TO BY: presence of: Witness Notary Public My commission expires: [AFFIX NOTARIAL SEAL OR STAMP] City of Milton, Georgia !A Joe Lockwood, Mayor Attest: City Clerk 6 Exhibit "A" Easement LEGAL DESCRIPTION LOT 6 OF THE OAKS AT WHITE COLUMNS SID 20' DRAINAGE EASEMENT All that tract or parcel of land lying and being located in Land Lot 528, Distract 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the intersection of the northern right of way line of Dinsmore Road (a 60' RIW) with the east line of Land Lot 528; thence go westerly along the northern right of way line of Dinsmore Road (a 60' RIW) for a distance of 704.63 feet to a point at the southeast corner of Lot 6 of The Oaks at White Columns SID; thence along the northern right of way line of Dinsmore Road (a 60' RIW), a curve to the right having a radius of 43 8.3 6 feet and an arc length of 156.21 feet, being subtended by a chord of North 56 degrees 08 minutes 48 seconds West for a distance of 155.38 feet to the common comer of Lots 6 and 7 of said subdivision; thence leaving said northern right of way line of Dinsmore Road, North 33 degrees 28 minutes 36 seconds East for a distance of 48.73 feet along the common line of Lots 6 and 7 to the TRUE POINT OF BEGINNING; THENCE leaving said common line of Lots 6 and 7, North 28 degrees 09 minutes 1.3 seconds East for a distance of 100.83 feet to a point; THENCE North 31 degrees 28 minutes 53 seconds East for a distance of 162.24 feet to a point; THENCE South 65 degrees 29 minutes 17 seconds East for a distance of 15.19 feet to a point on the common line of Lots 6 and 7; THENCE South 33 degrees 28 minutes 36 seconds West for a distance of 264.90 feet along the common line of Lots 6 and 7 to the point of beginning. Said easement contains 2,462 S.F. and is more fully shown on a Storm Drainage Easement Plat for the City of Milton, by Brumbelow-Reese and Associates, Inc., dated February 9, 2012, bearing their job number 2011-069, and being identified as drawing TOWC-7-DE. C:IDOCUME—ITARTER--1.CITILOCALS-11Temp\Temporary Directory 1 for attach.2ip12011-069mde6-legal.doc CURVE TABLE LL.481 CURVE I BEARING CHORD RADIUS I ARC Cl N 47'53'54" W 1 20.61' 438.36' 1 20.61' APPROX. L.L.L_ T "THE OAKS AT WHITE COLUMNS SID" P-6. 204:144-146 S 55'0204" E CH=106.98' R=479.82' L=107.20' S. 0 C, APPROX. L.L.L. 8'38'02" E L.L.528 22.55' PREVIOUSLY EXISTING OWCB 40 TOP=1022.95 I.E.=1012.45 5 48'38'02' J8 2 TOP= 1027.34 e.7 11, IN=1022.84 LE. OUT=1022.16/ h 4G I I/ rj II I c,I/ � I I lb o I (PREVIOUSLY vI/ /Ilry/, a�� I TOPT1 21ING 795 WEIRIO 220.895 /lb PREVIOUSLY EXISTING- / 20' DRAINAGE EASEMENT (492 S.F.) / 'S �. Qz / NEW 20DRAINAGE EAI �{ SEMENT = 2,452 S.F. I I fin, I II I TOP=1037.52 WEIR=1036.52 ys 9�fi v I I/ I I.E. IN=1032.02 p F, I II I.E. OUT=1031.82 / NEW 20' DRAINAGE EASEMENT = 4,060 S.F. PREVTOTALODRAINAGESLY DEASEMENT RAINAGF SM'T = 492 S,F 4,552 S.F. �' ..p II Ibi EXISTING ROCK y�Q 70 /I� / v RETAINING WALL 4.) ^�I /I �, 'THE AT WHITE COLUMNS S SSD" 2 p� O I 4 P.O. 204:144-145 N 3731'51" W CH=158.61' R=1122.93' L=158.75' N 45'46'17" W CH=2.55' R=438.36' L=2.55' N 56'08'48" W CH=155.38' R=438.36' L=156.21' II I YI #4 WOER 100 6g3 ` LE.=1043.48 Cin- 't 704.53' ALONG R/W TO THE EAST doh . LINE OF LAND LCT 528 GRAPHIC SCALE _ 30 0 30 60 120 [ IN FEET ] 1 inch = 60 M 91 STORM DRAINAGE EASEMENT PLAT FOR: LOTS 6 & 7 CITY OF MILTON DATE: FEBRUARY 9, 2012 THE OAKS AT WHITE COLUMNS S/0 P.B. 204; PG:144-146 LOCATED IN: LAND LOT(S): 528 DISTRICT: 2 , SECTION: 2 CITY OF: MILTON COUNTY OF: FULTON STATE OF GEORGIA 5 5345'12" E CH= 53.61' R=300.42' L= 53.69' A5-BUIL7 STORM STRUCTURE CHART LINE TABLE NORTHING LINE BEARING LENGTH LI N 28'09'13" E 100.83' L2 N 31'28'53" E 162.24' L3 S 65'29'17" E 15.19' L4 S 6529'17" E 15.Q9' L5 S 35'01'31" W 18-31' L6 S 54'58'29" E 10.92' L7 N 65429'17" W 19.97' L8 S 31'28'53" W 143.95' L9 S 28'09'13" W 155.00' L10 N 28'09'13" E 49.78' L71 N 33'28'36" E 11.84' L12 I 5 48'38'02" E 15.25' L13 S 35101'31" W 7.40' T "THE OAKS AT WHITE COLUMNS SID" P-6. 204:144-146 S 55'0204" E CH=106.98' R=479.82' L=107.20' S. 0 C, APPROX. L.L.L. 8'38'02" E L.L.528 22.55' PREVIOUSLY EXISTING OWCB 40 TOP=1022.95 I.E.=1012.45 5 48'38'02' J8 2 TOP= 1027.34 e.7 11, IN=1022.84 LE. OUT=1022.16/ h 4G I I/ rj II I c,I/ � I I lb o I (PREVIOUSLY vI/ /Ilry/, a�� I TOPT1 21ING 795 WEIRIO 220.895 /lb PREVIOUSLY EXISTING- / 20' DRAINAGE EASEMENT (492 S.F.) / 'S �. Qz / NEW 20DRAINAGE EAI �{ SEMENT = 2,452 S.F. I I fin, I II I TOP=1037.52 WEIR=1036.52 ys 9�fi v I I/ I I.E. IN=1032.02 p F, I II I.E. OUT=1031.82 / NEW 20' DRAINAGE EASEMENT = 4,060 S.F. PREVTOTALODRAINAGESLY DEASEMENT RAINAGF SM'T = 492 S,F 4,552 S.F. �' ..p II Ibi EXISTING ROCK y�Q 70 /I� / v RETAINING WALL 4.) ^�I /I �, 'THE AT WHITE COLUMNS S SSD" 2 p� O I 4 P.O. 204:144-145 N 3731'51" W CH=158.61' R=1122.93' L=158.75' N 45'46'17" W CH=2.55' R=438.36' L=2.55' N 56'08'48" W CH=155.38' R=438.36' L=156.21' II I YI #4 WOER 100 6g3 ` LE.=1043.48 Cin- 't 704.53' ALONG R/W TO THE EAST doh . LINE OF LAND LCT 528 GRAPHIC SCALE _ 30 0 30 60 120 [ IN FEET ] 1 inch = 60 M 91 STORM DRAINAGE EASEMENT PLAT FOR: LOTS 6 & 7 CITY OF MILTON DATE: FEBRUARY 9, 2012 THE OAKS AT WHITE COLUMNS S/0 P.B. 204; PG:144-146 LOCATED IN: LAND LOT(S): 528 DISTRICT: 2 , SECTION: 2 CITY OF: MILTON COUNTY OF: FULTON STATE OF GEORGIA 5 5345'12" E CH= 53.61' R=300.42' L= 53.69' A5-BUIL7 STORM STRUCTURE CHART STRUCTURE NORTHING EASTING TOP DWCB #0 1510869.79 2252060.91 1022.95 YI 11 151 D849.41 2252046.66 1021.95 JB #2 1510861.54 2252019.85 1027.34 LO3 1510730.98 2251939.90 1037.52 YI 1510596.78 2251668.08 1047.83 BRLJMBELOW-REESE & ASSOC., INC. pR0 piSTFgFQ T LAND SURVEYING SERVICES GEORGIA REGISTRATION NO. 2072 Na 2p7j I�v1 13685 HIGHWAY 9 X04 �� ALPHARETTA, GEORGIA 30004-3616 surN��F PHONE (770) 475-6817 FAX (770) 569-4948 EMAIL- - 9 RA SSINCOCOM CAST. N E T 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: March 5, 2012 Meeting Date: March 19, 2012 Agenda Item: Approval of a Survey Agreement between the City of Milton, Georgia and Onsite Civil Group, LLC for a Boundary and Topographic Survey for 15155 Hopewell Road Discussion: In 2010 and 2011 the city contracted with Onsite Civil Group, LLC to perform topographic surveys of Bell Memorial Park to evaluate potential drainage improvements to the concession area and Field 1 and subsequently an additional 10 acres of the park for future planning and capital improvement projects. As a result of those projects Onsite Civil Group, LLC has completed a compiled boundary survey of the park as well a topographic survey of approximately 12 acres of the park. The work to be completed under this Agreement includes a boundary and topographic survey of the 3.82 acre tract immediately adjacent to the park located at 15155 Hopewell Road. The boundary survey will be suitable for closing on the property should the Mayor and City Council elect to do so. The topographic survey will be an extension of the previously run field survey and will provide a compiled boundary and topographic survey for entire park area. This survey will be used to facilitate planning for future park improvements as well as the basis for future capital improvements. Staff is recommending the approval of an agreement between the City of Milton and Onsite Civil Group, LLC for the boundary and topographic survey for the 3.82 acre tract located at 15155 Hopewell Road. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 3/1/2012 Financial: Funding for this project is available in Parks & Recreation Land Acquisition & Park Enhancement budget Attachments: 1. Survey Services Agreement City of Milton t SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS BOUNDARY AND TOPOGRAPHIC SURVEY FOR 15155 HOPEWELL ROAD This Services Agreement (the "Agreement") is made and entered into this S day of IM 0_0�A4 2012, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Onsite Civil Group, LLC (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": EXHU31T A WORK DESCRIPTION EXHIBIT B INSURANCE EXHIBITS C & D EVERIFY AFFIDAVITS EXHIBIT E SAVE 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 generally include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as to provide a one -foot topographic, boundary survey and legal description for a 3.82 acre tract located at 15155 Hopewell Road (PIN 22 48800534007) and a compiled boundary and topographic survey with this tact added to the overall Sell Memorial Park survey previously completed for the City. Section 3. Contract Tune: 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 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3,854 (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. Assienment of Aereement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any parry or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Bill Rowse, PE 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. Meetines: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written 2 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. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of City that unauthorized aliens shall nut 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 "M (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 1G-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "D" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 3 Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. 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 hereto as Exhibit "C" and incorporated herein by this reference. 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O. C.G.A. § 16-14-71), a form of which is attached hereto as Exhibit "E', and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Onsite Civil Group, LLC Signature: Printed Name: Tqttr+ ._._ Se l i^ -"b e' Title: p� 1 4W V ` [AFFIX CORPORATE SEAL] Onsite Civil Group W; CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 4 EXHIBIT A SCOPE OF WORK Scope of Services for Boundary and Topographic Survey for a 3.82 acre Parcel at 15155 Hopewell Road All boundary work shall be consistent with the Georgia Plat Act and industry standards for this type of work. The boundary survey shall locate all lines and corners per deed descriptions and other evidence found on the ground in conformance with the minimum standards of the State of Georgia. All information will be collected by a field run survey on the site and within 25 feet of the property boundary. Data collected shall include at a minimum the following information: Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well -fixed line, so that the bearings may be easily re-established. b. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. c. Gross land area. d. Adjacent Property Owners. e. Identify all utilities and easements. All easements evidenced by Record Documents which have been delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown. f. The character and location of all walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. 5 g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements. Topographic survey with a minimum of 1 foot topographic contour intervals. Contours shall extend a minimum distance of twenty-five feet beyond all property lines. Elevations shall be based on NAVD 88 vertical datum. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc. — k. Size and type of water mains. I. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. m. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. n. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. o. Location of 100 year flood plain or a determination that none exists on the property. P. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. q. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24" or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). r. Any other field information which may be determined to affect the development potential of the property. Deliverables: Written legal description of the 3.82 acre parcel. Digital files of the survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) Digital file of the 3.82 acre tract combined with the previous survey for Sell Memorial Park (DWG format). 6 3 hard copies of the 3.82 acre and legal description survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. No right of way plats, staking of centerline or right of way easement staking are included in this contract. 7 10.1.0.11.1131ll] INSURANCE CERTIFICATE OP ID: LB X44. W CERTIFICATE OF LIABILITY INSURANCE DATE03105112 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 678-842.9901 The BarklGroup,LLC 678-842-9902 PO Box 1011 CONTACT NAME; Lance K Barkley PHONE N 678-842-9901 WC 678-842-9902 AIC No Ext : A1C Na ADDRESS: lbarkley@tbgins.com Alpharetta, GA 30009 Lance K. Barkley PRoouc ER CAST MERIDR:QNSITE1 INSURER(S�AFFORDING COVERAGE i NA1C if INSURED Onsite Civil Group, LLC INSURER A: Hartford Underwriters Insuranc 130104 3506 Billingsley Drive Marietta, GA 30062 - I INSURER e: Hartford Twin City Fire 29459 INSURER C: Lloyd's of London 04201/12 INSURER O CLAIMS -MADE OCCUR 1NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THI S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDiNG 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. (NSR TYPE OF INSURANCE PPL SUER POLICY NUMBER MMIDCDIYYYY MMIDDIYYYY LIMITS LTR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN GENERAL LSABILITY ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Prkwy # 107G A ]THORIZED REPRESENTATNE ' EACH OCCURRENCE $ 2,000,00 PREM{SES Ea occurrence $ 300,06 A X I COMMERCIAL GENERAL LIABILITY X 20SBMIN6206 04/01/11 04201/12 CLAIMS -MADE OCCUR MEQ EXP (Any one Person) $ 10,06 PERSONAL & ADV INJURY $ 2,000,66 P�11 GENERALAGGREGATE $ 4,000,00 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 4,000,00 $ POLICY PRO Ll LOC AUTOMOBILE LIABILITY x COMBINED SINGLE LIMIT $ 2,000,00 (Es accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY IN.IURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS 20SBMIN6206 04/01/11 04/01112 (Per accident] $ $ A X NON -OV4NED AUTOS 20SBMIN6206 04/01/11 04101/12 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ .RETENTION $ WORKERS COMPENSATION MSTATU- I OTH- AND EMPLOYERS' LIABILITYY TQRY LIMI B ANY PROPRIETORMARTNERIEXECUTIVE 20WECVX7643 06/22/11 06127/12 E. L. EACH ACCIDENT $ 1,600,00 OFFICERIMEMBEREXCLUDED? ❑ (Mandatory, in NMI N I A E. L. OI SE ASE - EA EM PLOYEd $ 1,000,00 If yes, descnbe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE - POLICY LIMIT I $ 1,000,00 C Professional Liab. EL00-53-0187.2008 04101111 04101/12 Per Claim 1,040,00 j Aggreg. 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AttaohACORD 101, Additional Remarks Schedule, If more aPace is required) Engineers/ City of Milton is listed as an additional insured. CERTIFICATE HOLDER CANCELLATION CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Prkwy # 107G A ]THORIZED REPRESENTATNE Milton, GA 30004 9 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks Of ACORD STATE OF GEORGIA CITY OF MILTON EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the city and 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. '3o0 11+ EEV 1 Basic Pilot Program User Identification Number BY: utho zed Officer or Agent Date Onsite i Group, LLC peeyl' d Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5A DAY OF 2017----- Notary 017-----Notary Public My Commission. Expires: .*�����►j.;1SE igr w =Z2 � .. * drop "EIM 9 STATE OF GEORGIA CITY OF MILTON EXHIBIT "D„ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Onsite Civil Group, 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. 5m14 EEV 1 Basic Pilot Program User Identification Number BY: kutlorized Officer or Agent Date opt f -a 0o f 6voy L[.G [Insert Subcontractor Name] fve$rdea Title of Authorized Officer or Agent of Subcontractor eA ',���ilkfrr+ r Printed Name of Authorized Officer or Agent �•�kSE R -N �►E[arq£s'y�e� SUBSCRIBED AND SWORN ► BEF9RE ME ON THIS THE 5 DAY OF , 2012 ��,. �p,V 6' &' otary Public re; '010116160., My Commission Expires: 10 STATE OF GEORGIA CITY OF MILTON EXHIBIT E IN.&I DRA W.1117MAM By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: I ) I am a United States citizen. 2} I am a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure „and verifiable document provided ,with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in M I tqkw4k, (city), C 4 (state). Si tur of Applicant �arr-2{t M � +L Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS TJRE OF , 20 J � NOTARY PUBLIC My Commission Expires: k , , , , SER Y% C3 A, o dkb 40 i •yJ�1k'ET-t G���. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on February 29, 2012 for the March 19, 2012 Regular Council Meeting Agenda Item: Approval for the Execution of a Contract Agreement with the Georgia Council on Developmental Disabilities (GCDD) to Receive Grant Funding for the Real Communities Milton Project. City Manager’s Office Recommendation: Consideration and execution of a contract agreement with the Georgia Council on Developmental Disabilities (GCDD). Background: This is a renewal contract to provide funding through a GCDD grant for Amanda Quintana as Operating Director for the Real Communities Milton project for 12 months in the amount of $14,400. Discussion The GCDD’s Real Communities Initiative supports the development of citizen-based organizations in the city who work to make Milton more welcoming and inclusive of all who live here. Amanda Quintana serves as a part-time Community Builder and receives a stipend to build and support these citizen groups. Funding and Fiscal Impact: The amount of this grant is $14,400. While there will not be a monetary impact to Milton, there will be an in kind match. Alternatives: Do not approve the contract for the GCDD grant Concurrent Review: Chris Lagerbloom, City Manager (GCDD GEORGIA COUNCIL ON February 14, 2012 Mr. Christopher Lagerbloom, City Manager City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 R -E: Notice of Grant Award Dear Mr. Lagerbloom. 2 Peachtree St. NW. Suite 26-246 Atlanta, GA 30303 Main: 404.657.2126 Toll Free: 888.275.4233 Fax: 404.657.2132 TDD: 404.667.2133 www.gcdd.org It is my pleasure to inform you that the Georgia Council on Developmental Disabilities (GCDD) has approved funding for the Real Communities Milton project. This notice of grant award shall be subject to any special questions and concerns previously set forth. Attached for your review and approval is the contract including annexes and forms for City of Milton that require execution for finalizing the contract. If you approve the contract, please sign the contract signature page as indicated by the "sign here" tab. Annexes and Forms that require signatures are Annex A — Immigration and Security Form, Annex B - HIPAA Form, and Attachment A — Required Federal Forms, 4, 9, 10, 11 and 12. Please mail the contract along with the signed signature page, annexes, forms, and all other pages to Drelda Mackey, Grants Manager at GCDD. There are sample online report forms included in the contract; the Expenditure Report and the Program Report. You will complete these forms online when requesting your expenditure reimbursement and reporting the progress of your project. GCDD will assign a contract number and send a copy of the completed contract to you upon receipt of the requested documents. This award is made under the authority of Public Law 106-402, subject to codified Federal Regulation 45 Part 7. The US Department of Health and Human Services, CFDA #93.630 provides the funding for this award. (GCDD NOTICE OF GRANT AWARD Grantee Title of Project Organization/Individual Project Period (Dates of Services) City of Milton Real Communities Milton February 15, 2012 -February 14, 2013 PROJECT FUNDING FORMULA TOTAL PROJECT COSTS GCDD FUNDS APPLICANT'S MINIMUM REQUIRED MATCHING FUNDS Non -Poverty $14,400.00 $14,400.00 None R uired PERIODIC PROGRESS REPORT'S PERIODS AND DUE DATES Period 1 I Period 2 1 Period 3 1 Period 4 5/15/2012 8/15/2012 1 11/15/2012 3/1512013 If you have any questions, please contact Caitlin Childs at 404-657-2125. Thank you, k� Dre da R, ace Grants Manager Enclosures: As stated Georgia Council on Developmental Disabilities State of Georgia Fulton County Contract No: 441- TBA MGP Code: 918-27 Contract Start Date: February 15, 2012 Contract End Date: February 14, 2013 Program: Real Communities Milton Total Amount: $14,400.00 Federal: $14,400.00 State: $0.00 Match. $0,00 Federal Employer Identification Number (FEIN: 51-0608862) CONTRACT FOR THE AWARD OF GRANT MONIES THIS CONTRACT, made and entered into by and between THE GEORGIA COUNCIL ON DEVELOPMENTAL DISABILITIES (hereinafter"the Council"), an agency of the State of Georgia (hereinafter "the State"), acting pursuant to O.C.G.A § 30-8-1, et seq., whose address for purposes of this contract is 2 Peachtree Street, N.W., Suite 26-246, Atlanta GA 30303; CITY OF MILTON, 13000 I)certield Parkway, Suite 107A, Milton, Georgia 30004, hereinafter "Contractor". A. Purpose This Contract is entered into by both parties to facilitate implementation of the program as described in the Grant Application Forms. Project Application/Data Sheet, Outline, Work Plan and Budget Plan as contained in the DD Suite Online program are considered material elements of this contract by both parties. B. Legal Authority to Grant Award The Georgia Council on Developmental Disabilities is Georgia's designated state agency for carrying out the provisions of The Federal Developmental Disabilities Assistance Bill of Rights, 42 U.S.C. 15001, and specifically § 15021. This award is made pursuant to § 15021 and O.C.G.A. §30-8-1(d)(4). C. Duration of the Contract This contract is effective beginning February 15, 2012 and terminating on February 14, 2013, unless terminated earlier under other provisions of this contract. The Council shall have the option, exercisable in its sole discretion to annually renew this contract. Renewal decisions are based primarily on the availability of funds and the Contractor's successful contract performance the preceding year. The parties to this contract mutually agree and covenant as follows: D. The Council Agrees to Provide Funding in the Amount of $14,400.00. The Council also Agrees to: L Will provide technical assistance to the City of Milton and Community as needed and requested. 2. The Organizing Director and other Real Communities staff and consultant will actively support the development of Amanda Quintana in her role as Community Builder and of the Real Communities project in Milton as a whole. 3. The GCDD will provide Amanda Quintana and other involved in the Milton Real Communities project with training and learning opportunities to expand and support their work. 4. The GCDD will provide funding in the amount of $14,400 for the community builder stipend. 1-1 E. The Contractor Agrees to: In consideration for the items listed in the above sections the Contractor agrees to the following provisions and requirements: L Provide Community Builder, Amanda Quintana, with a monthly stipend of $1200.00 to do approximately 20 hours of work per week supporting the Better Together Mini -Grant program and other activities related to Real Communities in Milton. 2. Complete quarterly expenditure reports and coordinate with Amanda Quintana to complete quarterly programmatic reports. 3. Communicate with GCDD Organizing Director as needed and requested. 4. Provide administrative assistance to Amanda Quintana in relation to Real Communities project in Milton and meet with her regularly. 5. Provide administrative oversight for the Mini -Grant program. Deliverables for Amanda Quintana 1. Spend approximately 20 hours per week working on activities related to Real Communities project. 2. Take part in Learning Circle retreats, trainings, and learning journeys as requested. Arrange for the participation of other group members in events as listed above. 3. Document the work of the Milton project and providing documentation to the GCDD as requested. 4. Provide formal and informal family supports to Milton families using person centered planning and ASCD organizing. 5. Continue to support the development and implementation of a mini -grant program in conjunction with the City of Milton. 1. Reporting Requirements: The following reports are required to be submitted within the respective timeframe as indicated below. a. Monthly or Quarterly Reporting The Contractor shall report program expenditure reports and program reports on a quarterly basis to the Council. i. Online Expenditure Reimbursement Report documents program expenditure activity that has been paid by the Contractor during the reporting period. The report must document grant funds spent by the program during the reporting period in accordance with the approved DD Suite Online Expenditure Report. ii. Online Program Report documents the program/project activities during the reporting period. The report must document federal areas of emphasis in accordance with the required Performance Targets (Attachment #1) and the approved DD Suite Online Program Report. b. Yearly Reporting i. Consumer Satisfaction Survey Every year the Contractor must disseminate and collect the Consumer Satisfaction Survey (Attachment 2). The survey must then be submitted to the Council to measure the satisfaction of the participants. c. Final Program Report Within thirty (30) days of the contract end date, the Contractor shall submit the Final Program Report using the form provided by the Council. A copy of all printed materials published in conjunction with the Program shall be included with the Final Program Report. Final payment will not be authorized until the Final Program Report has been accepted by the Council and all conditions of the contract have been met by the Contractor. 1-2 2. Record Retention Contractor and subcontractor record retention requirements are six (6) years from submission of final expenditure report. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigations, claims, or audit findings have been resolved. The contractor agrees to give the State and Federal Government and the Council full and complete access to all consumer/custoruer/client records, administrative records, financial records, pertinent books, documents, papers, correspondence, including e-mails, management reports, memoranda, and any other records of the Contractor and subcontractor for the purpose of conducting or reviewing audit examinations, excerpts, and transcripts. All the aforementioned records, forms and statements are subject to audit by the state of Georgia and are considered public records, available for public inspection in accordance with O.C.G.A. § 50-18-70 et seq. The Contractor agrees that the DHR Office of Investigative Services (hereinafter called OIS) upon the request of the Commissioner or his/her designee, has full authority to investigate any allegation of misconduct in performance of duties arising from this contract made against an employee of the Contractor. The Contractor agrees to cooperate fully in such investigations by providing OIS full access to its records and by allowing its employees to be interviewed during such investigations. 3. Subcontracts Any subcontracts or delegation of the authority herein will be submitted to the Department for approval prior to execution. The Contractor specifically agrees to be responsible for the performance of any subcontractor or other duties delegated and all provisions of this contract. The Contractor will ensure that the subcontractor both understands and abides by all pertinent provisions of the contract and regulations applicable to the subcontractor. The Contractor agrees to reimburse the Council for any federal or state audit disallowances arising from the subcontractor's performance or non-performance of duties under this contract which are delegated to the subcontractor. The Council's program directors are the Council's approving authority for subcontracts and delegation of authority. 4. Purchase of Equipment And Program Material At the request of the Council the Contractor agrees to return any equipment and/or program material purchased by the Contractor with funds provided by the Council at the end of the contract period or upon termination of the contract. 5. Site Visits The contractor agrees to allow members and/or staff of the Council to monitor and inspect the operations of the Contractor through announced and/or unannounced site visits. Site visits may include review of program administration, program services, and program financial records. Such monitoring and inspection activities may include, without limitation, on-site health and safety inspections, financial and behavioral health/clinical audits, review of any records developed directly or indirectly as a result of this Contract, review of management systems, policies and procedures, review of service authorization and utilization activities, and review of any other areas, activities or materials relevant to or pertaining to this Contract. 6. Employment Policies Contractor agrees to abide by all Federal and State employment laws, rules and regulations. Additionally, Contractor agrees to abide by and affect all Employment Policies (Attachment #3) so incorporated into the Contract, including, but not limited to: a. Criminal Records Investigation of Employees; b. Non -Discrimination; c. Compliance with the Americans With Disabilities Act; d. Drug -Free Work Place; e. Non -Smoking Policy; and f. Immigration and Security Laws (Annex A). 7. Conflict of Interest The Contractor and the Council certify that the provisions of the Official Code of Georgia Annotated, Sections 45-14-20 through 45-10-28, as amended, which prohibit and regulate certain transactions between 1-3 certain state officials or employees and the State of Georgia, have not been violated and will not be violated in any respect. S. Privacy Policies Contractor agrees to amide by all Federal and State privacy laws, rules and regulations. Additionally, Contractor agrees to abide by the Council's policy on respecting the confidentiality of an individual's records. Contractor further agrees not to divulge any information concerning any individual to any unauthorized person without the written consent of the individual employee, consumer/customer/client, or responsible parent or guardian. Contractor also agrees to abide by and be bound by the provisions in HIPAA, and incorporates the HIPAA Business Associate Agreement (Annex B). 9. Publicity Materials Contractor agrees to ensure that any publicity materials generated by the Contractor identify the Council as a sponsoring agency. Publicity materials include, but are not limited to, signs, notices, information pamphlets, press releases, brochures, radio or television announcements, or similar information prepared by or for the Contractor. Prior approval for the materials must be received from the Council's managing programmatic division/office. Alt media and public information materials must also be approved by the Executive Director of the Council. In addition, the Contractor shall not display the Council's name or logo in any manner, including, but not limited to, display on Contractor's letterhead or physical plant, without the prior written authorization of the Executive Director of the Council. 10. Work Product Any Work Product created by the Contractor, once delivered to the Council, may be freely copied and distributed by the Council. The Contractor shall not use any copyrighted materials in the performance of this Contract without compliance with the copyright laws affecting same, including any licensing agreements. Should the Council decide that it would be advantageous to formally publish for academic, statutory compliance or similar purposes all or a portion of the Work Product, the Council may engage in such publication. Proper credit shall be given to the party that developed the material. The Contractor agrees all work performed by the Contractor for the Council under this contract, and all materials developed or generated by the Contractor in the course of performance of this contract shall be the sole property of the Council and considered the Council's creation, translation, compilation or fixation in a tangible medium of expression. The Council shall own all right, title, and interest in and to the Work Product and in and to all other work created by Contractor hereunder, including all copyrights and proprietary rights therein. 11. Assurances Attachment A consisting of five forms containing Assurances regarding both Federal and State Law, specifically: Form d: Assurances — Non Construction Programs Form 9: Financial Interest Disclosure Form 10: Human Rights Assurances Form 11: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form 12: Certification regarding Lobbying for Grants, Loans, and Cooperative Agreements By entering into this agreement Contractor states he/she has read, understands and agrees to abide by all the laws and policies laid out in the above forms. Contractor also must sign each form indicating the same, and these Forms are incorporated into this contract. 12. Political Activities Contractor further agrees that in accordance with the Federal Appropriations Act: No part of any federal funds contained in this Contract shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, for the 1-4 preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself. No part of any federal funds contained in this contract shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. Contractor further agrees that no part of state funds contained in this contract shall be used for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, Internet, or video presentation designed to support or defeat legislation pending before the General Assembly or any committee thereof, or the approval or veto of legislation by the Governor or for any other related purposes. 13. Termination In addition to the terms set forth below this Contract may be cancelled or terminated by either parry without cause. This contract may be terminated by the Contractor for any reason upon sixty (Gb) days prior written notice to the Council. This Contract may be terminated by the Council for any reason upon thirty (30) days prior written notice to the Contractor. Contractor shall be entitled to payment for services satisfactorily rendered through the date of termination. a. Due to Non-availability of Funds Notwithstanding any other provision of this Contract, in the event that either of the sources of reimbursement for services under this Contract (appropriations from the General Assembly of the state of Georgia or the Congress of the United States of America) no longer exist or in the event the sum of all obligations of the Council incurred under this and all other contracts entered into for this program exceeds the balance of such contract sources, then this Contract shall immediately terminate without further obligation of the Council as of that moment. b. Due to Default or For Cause This Contract may be terminated for cause, in whole or in part, at any time by the Council for failure of the Contractor to perform any of the provision hereof. Should the Council exercise its right to terminate this Contract under the provisions of this paragraph, the termination shall be accomplished in writing and specify the reason and termination date. The Contractor shall be required to submit the final expenditure report not later than 45 days after the effective date of written notice of termination. Upon termination of this Contract, the Contractor shall not incur any new obligations after the effective date of the termination and shall cancel as many outstanding obligations as possible. The above remedies are in addition to any other remedies provided by law or the terms of this contract. Notwithstanding any other provisions of this paragraph, this Contract may be immediately terminated without any opportunity to cure, if any of the following events occurs: i. Contractor becomes insolvent or liquidation or dissolution or a sale of the Contractor's assets begins. ii. Contractor or any subcontractor violates or fails to comply with any applicable provision of Federal or State law or regulation. iii. Contractor or any subcontractor knowingly provides fraudulent, misleading or misrepresentative information to any consumer/customer/client of the Council or to the Council, iv. Contractor has exhibited an inability to meet its financial or service obligations under this contract. v. A voluntary or involuntary bankruptcy petition is filed by or against the Contactor under the U.S. Bankruptcy Code or any similar petition under any state insolvency law. vi. An assignment is made by the Contractor for the benefit of creditors. 1-5 vii, A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is initiated with respect to the Contractor. viii, The Council deems that such termination is necessary if the Contractor or any subcontractor fails to protect or potentially threatens the health or safety of any consumer/customer/client and/or to prevent or protect against fraud or otherwise protect the State of Georgia's personnel, consumers/customers/clients, facilities or services. ix. Contractor is debarred or suspended from performing services on any public contracts and/or subject to exclusion from participation in the Medicaid or Medicare programs. c. Penalties for Contract Noncompliance A Contractor who does not comply with the requirements of O.C.G.A. §§ 19-7-5, 5D-18-71, and 50- 18-72; and/or this contract may be required to repay all such funds pursuant to this Contract to the Council. Failure to comply with these requirements could be cause for the Council to suspend payments, terminate the contract, and/or require a refund of all monies received by the Contractor from the contract. d. Cooperation in Transition of Services The Contractor agrees upon termination of this Contract, in whole or in part, for any reason will cooperate as requested by the Council to effectuate the smooth and reasonable transition of the care and services for consumers/customers/ clients as directed by the Council. This will include but not be limited to the transfer of the consumer/customer/client records, personal belongings, and funds of all consumer/customer/clients as directed by the Council. Contractor further agrees that should it go out of business and/or cease to operate, all original records of consumers/customers/clients served pursuant to the contract shall be transferred by the Contractor to the Council immediately and shall become the property of the Council. 14. Modifications and Changes The Contractor may request changes to this Contract by submitting a written request to the Council no less than thirty (30) days before the proposed change(s) would be implemented. Approved changes will be incorporated into this Contract. 15. No Third Party Beneficiaries No provision of this Contract is intended to or shall confer any rights, benefits, remedies, obligations or liabilities upon any person or entity other than the parties hereto and their respective successors and permitted assigns. 15. Hold Harmless Contractor agrees to indemnify and hold harmless the State of Georgia and its divisions, departments, agencies and instrumentalities of all branches of government of the State (including the State Tort Claims Trust fund and any other insurance or self-insurance funds of the State), and all of their officers, directors, members, employees, staff, volunteers, agents and other representatives (hereinafter collectively referred to as the "Indemnitees") from and against any and all, and will pay to the Indemnitees the amount of any and all, claims, demands, liabilities, losses, costs, damages (including incidental and consequential damages and double and treble damages) penalties, fines, expenses, or other liabilities (including costs of investigations and defense, court costs, costs of settlement and attorneys' fees) or diminution of value, whether or not involving a third -party claim (collectively, "Damages"), arising, directly or indirectly, out of, with respect to, or in connection with this Contract. 17. Consultant/Study Contract A. Contractor agrees not to release any information, finding, research, reports, recommendations, or other material developed or utilized during or as a result of this contract until such time as the information has been provided to the Council, appropriately presented to the Board of the Georgia Council on Developmental Disabilities, and made a matter of public record. III R B. Contractor further agrees that any research, study, review, or analysis of the consumers/customers/clients served under this contract by any outside individual or organization must be conducted in conformance with the Department's Policy 7901, Protection of Human Subjects. C. All products developed/collected including raw data, databases, including code specifications, shall be the property of the Council and may be subject to review and validation by the Council prior to completion of study. 18. Assignment The Contractor shall not transfer or assign all or any of its right, title or interest in this Contract or delegate any of the Contractor's duties or obligations, without the express written approval of the Council. The Council may transfer or assign all or any of its right, title or interest in this Contract to another entity of state government as may be authorized to carry out the Council's functions. 19. Non -Waiver No failure of the Council to exercise any right or power given to it under this contract, or to insist upon strict compliance by the Contractor with the provisions of this Contract, and no custom or practice of the Council or the Contractor at variance with the terms and conditions of this Contract, shall constitute a waiver of the Council's right to demand exact and strict compliance with the terms and conditions of this Contract. 20. Continuity Each of the provisions of this contract shall be binding upon and inure to the benefit and detriment of the parties and their successors and assigns. 21. Date for Performance If the time period by which any right, option or election provided under this Contract must be exercised, or by which any act required hereunder must be performed expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. 22. Contract Agreement This Contract and other supporting documents provided contain the entire agreement between the parties with respect to the subject matter of the contract and supersedes all prior agreements, discussions and understandings, both oral and written. if you have any questions, contact the Georgia Council on Developmental Disabilities for clarification. 23. Applicable Law Both parties agree this Contract shall be governed by and construed in accordance with the law of the State of Georgia. Both parties agree that any action relating to this contract must be brought exclusively in the Superior Court of Fulton County, Georgia, and each party hereto hereby consents to the jurisdiction and venue of such court and the appropriate appellate courts. 24. Notices All notices, demands or requests required or permitted to be given pursuant to this Contract shall be in writing and given or served either in person or by United States Mail, postpaid, registered or certified with return receipt requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified and at the address as set forth in the introductory paragraph of this Contract, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days prior written notice to the other party, specify a different agent or address to which notices can be delivered. Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed. 1-7 25. Severability If any provision hereof or part thereof is unenforceable or is held to be unenforceable, such provision or part thereof shall be fully severable, and this Agreement and its terms shall be construed and enforced as if such unenforceable provision had never comprised a part hereof. Under such circumstances, the remaining provisions hereof shall remain in full force and effect. 26. Advice of Counsel This paragraph certifies that both parties have had the opportunity to consult with an attorney prior to signing this agreement. 27. Department and Contractor Contact Information: The mailing addresses, telephone numbers, and contact persons listed below for the Council and Contractor may be changed during the term of this contract by written notification to the other party by the Department's division or office representatives or by the Contractor. a. Georgia Council on Developmental Disabilities Georgia Council on Developmental Disabilities Attn. Caitlin Childs 2 Peachtree Street NW, Suite 26-246 Atlanta, Georgia 30303 Telephone: 404-657-2125 Fax: 404-657-2132 E-mail. ccvchil&6Whnstate.ga.us b. Contractor's Mailing Address and Contact Information City of Milton Attn: Christopher Lagerbloom, City Manager 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 Telephone: 678-242-2488 Fax: 678-242-2499 E-mail: Chris.lagerbloom(acibofmiltonga.us c. The Contractor's Mailing Address for Reimbursement Checks is: same as above d. Contract Service Delivery Site: If clients are to be served or training is to be conducted at one site -only, list site name and address. same as above More than One Contract Service Delivery Site: X_ of sites; NIA 1-9 SIGNATURES TO CONTRACT BETWEEN THE GEORGIA COUNCIL ON DEVELOPMENTAL DISABILITIES And CITY OF MILTON IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dates indicated. The Contractor certifies by signature hereon that the named corporation is registered with the Georgia Secretary of State to do business in the State of Georgia and that all required reports have been filed with that office, so as to ensure that the corporation is in good standing with the Georgia Secretary of State. For The Contractor: Signature of Person Authorized to Enter Into Contracts Name Title Date SEAL: Imprint Seal of the Corporation Here For The Georgia Council on Developmental Disabilities: Eric E. 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L N 3 o v w :n s W v r � s � n ❑ :r y m _ C -1 f_0 Q. = O f � N r CD Q Q n r ro C' 0) n v C 7} U7 ❑ a 07 U Q Q C v N O a Q o � ro C m N ❑ ro NVj �p o w � n a O O 7 7 sn CL CL 0 0 U) N C CD N C CL C7 0 N v C fD IclCDo 4] CL n 0 y [0 I� Ik .N n CL CL N Q Q (D Q w o sou n m n pl CD (, 0 3 _ Ami m 3 LA (1) C CD Q. _ w v N � C Q CL m n m o n c CD a Q] N d 0 =3 N (U n C] C Q. 7 a iU 7 Q O 3 N 0] 2 > � — {p CD :3 N C Q 0) co ATTACHMENT 41 PERFORMANCE TARGETS EMPLOYMENT People get and keep employment consistent with their interests, abilities and needs - EMO I eeds_ EMQI Adults have jobs of their choice through Council efforts Em02 Dollars leveraged for employment programs EM03 Employers provided vocational supports to students on the job EM04 Businesses/employers employed adults EM05 Employment pragrarnslpolicies created/improved EM06 People facilitated employment EM07 People trained in employment ED08 Other EDUCATION Students reach their educational potential and infants and young children reach their developmental potential EDOI Students have the education and support they need to reach their educational goals through Council efforts ED02 Infants and young children have the services/supports needed to reach developmental goals through Council efforts ED03 Students transitioned from school to community and jobs ED04 Children transitioned from early intervention and pre-school to inclusive classrooms/schools ED05 Dollars leveraged for education ED06 Education programs/policies created/improved ED07 Post -secondary institutions improved inclusive education ED08 Schools improved IEP practices ED09 People facilitated inclusive education ED 10 People trained in inclusive education EDI 1 Parents trained regarding their child's educational rights ED 12 Other HOUSING Adults choose where and with whom they live HO01 Individuals have homes of their choice through Council efforts H002 People moved from congregate settings to homes in the community H003 Dollars leveraged for housing H004 Banks make mortgage fluids available to enable people to own their own homes H005 Housing programs/policies created/improved 14046 Units of affordable, accessible housing made available H007 People facilitated home ownershiplrental 14008 People trained in housing H009 Other HEALTH People are healthy and benefit from the full range of needed health services HE01 People have needed health services through Council efforts IM02 Dollars leveraged for health services HE03 Health services programs/policies created/improved B E04 People improved health services HE05 People trained in health care services HE06 Other CHILD CARE Children & families benefit from a range of inclusive, flexible child care options ATTACHMENT #1 CHOI Children in inclusive child care settings through Council efforts CH02 Dollars leveraged for child care programs CH03 Child care programslpolicies created/improved CH04 People facilitated inclusive child care CH05 People trained in child care CH06 Other RECREATION People benefit from inclusive recreational, leisure and social activities consistent with their interests and abilities. RED P$ople active in recreational activities through Council efforts RE02 Dollars leveraged for recreation programs RE03 Recreation programs/policies created/improved RE04 People facilitated recreation REQS People trained in recreation RE06 Other TRANSPORTATION People have transportation services for work, school, medical, and personal needs TRO I People have transportation services for work, school, medical, and personal needs. TRO2 Dollars leveraged for transportation programs TR03 Transportation Programs/policies created/improved TR04 People facilitated transportation TROS People trained in transportation TR06 Other QUALITY ASSURANCE People have the information, skills, opportunities and supports to live free of abuse, neglect, financial and sexual exploitation, and violations of their human and legal rights. QAO 1 People benefiting from quality assurance efforts of the Council QA02 Dollars leveraged for quality assurance programs QA03 Quality assurance programs/policies created/improved QA044 People facilitated quality assurance QA95 People trained in quality assurance QA06 People active in systems advocacy about quality assurance Self -advocates Family members Others QA07 People trained in systems advocacy about quality assurance Self -advocates Family members Others QAOS People trained in leadership, self -advocacy, and self-determination. QA09 People attained membership on public and private bodies and other leadership coalitions. QA 10 Number of entities participating in partnerships or coalitions created or sustained as a result of Council efforts. QA I 1 Other FORMAL AND INFORMAL COMMUNITY SUPPORTS — Individuals have access to other services available or offered in a community, inciuding formai and informal community supports that affect their quality of life_ CSO1 Individuals receive formal/informal community supports CS02 Dollars leveraged for formallinformal community supports ATTACHMENT 91 CS03 Formal/informal community supports programs/policies created/improved CS04 People facilitated forrnallinformal community supports CS05 People trained in formaYinformat community supports CS06 Buildings/public accommodations became accessible CS07 Other CROSS CUTTING CCO t Public policymakers educated by Council about issues related to Council initiatives CCO2 Copies of products distributed to policymakers about issues related to Council initiatives CC03 Members of the general public estimated to have been reached by Council public education, awareness and media initiatives. Attachment #2 CONSUMER SATISFACTION SURVEY The Federal Developmental Disabilities Act of 2000 requires all Developmental Disabilities Councils to report on customer satisfaction with Council -supported activities. The information that you are providing in this survey will be incorporated into an annual report that is submitted to the Administration on Developmental Disabilities. We value your appraisal of this activity. Your reply is important. Please complete the information below and return it to the Provider or mail it to: The Georgia Council on Developmental Disabilities 2 Peachtree St NW Suite 26-246, Atlanta, GA 30303. Activity: Check the category that best describes you: Individual with a disability Family Member Public policy maker representative of: Public Agency Private Agency Member of a Community Organization or Association Name of city where you live: Please check the box that best reflects your opinion of this activity. I. Consumer Satisfaction with Council Supported Activiti,-a Statement Very Satisfied Somewhat Satisfied Not Satisfied For this project activity, I (or a family member) am activity. Statement II. Consumer Satisfaction with Council Activities Statement Yes No Respect: I (or my family member) was treated with respect during project Somewhat activity. Statement Agree Choice: I (or my family member) have more choice and control as a result Agree Disagree of project activity. Disagree Satisfied: I am satisfied with project Community: I (or my family member) can do more things in my community as a result of this project. Rights: Because of this project activity, I (or my family member) know my rights. Safety: I (or my family member) am more able to be safe and protect Better Life: My life is better because of _myself from harm as a result of this activity, Strongly Somewhat Somewhat Strongly Statement Agree Agree Agree Disagree Disagree Disagree Satisfied: I am satisfied with project activity. Better Life: My life is better because of _project activity. Council activities have improved the ability of individuals with developmental disabilities >To make choices and exert control over the services and support they use; and To participate in community life. Council activities promote self- determination and community participation for individuals with developmental disabilities Attachment 93 Employment Policies The contractor agrees to abide by the following Employment Policies as referenced in the Contract paragraph E (6), page 1-3. Criminal Records Investigation of Employees The Contractor must conduct a criminal record history investigation which must include a fingerprint record check pursuant to O.C.G.A. §49-2-14. This investigation must be completed by the Contractor before employing any person who will have direct care, treatment, and/or custodial responsibilities for services rendered under this contract. Contractor agrees to contact the council prior to hiring any applicable employee in order to receive the forms necessary for the investigation. The contractor agrees to obtain the required information (which will include two proper sets of fingerprints on each applicant) and transmit said fingerprints directly to the Georgia Crime Information Center, together with the required fee. After receiving the information from the Georgia Crime Information Center or any other appropriate source, the Council will review any derogatory information and, if the crime is one prohibited by duly published criteria within the Council, the Contractor will be informed, and the individual so identified will not be employed for the purpose of providing services under this contract. Nondiscrimination Policies Nondiscrimination in Employment Practices: The Contractor agrees to comply with federal and state laws, rules and regulations and the Council's policy relative to nondiscrimination in employment practices because of political affiliation, religious creed, race, color, sex, disability, being between 44 and 70 years of age, veteran status, sexual preference or national origin. Nondiscrimination in employment practices is applicable to employees and applicants for employment, and applies to promotions, demotions, dismissals and other elements affecting employment/employees. Nondiscrimination in Participant and Participant Service Practices: The Contractor agrees to comply with federal and state laws, rules and regulations and the Council's policy relative to nondiscrimination in participant and participant service practices because of political affiliation, religious creed, race, color, sex, disability, being between 40 and 70 year of age, veteran status, sexual preference or national origin. No individual shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination under the Program. Nondiscrimination by Subcontractors: The Contractor agrees to require any subcontractor performing services funded through this contract to comply with all provision of the federal and state laws, rales, regulations and policies described in this section. Compliance With Applicable Provision of The Americans With Disabilities Act The Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA) and any relevant federal and state laws, rules and regulations regarding employment practices toward individuals with disabilities and the availability/accessibility of facilities, programs, activities, for individuals with disabilities. Drug -Free Work Place If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract. If Contractor is an entity other than an individual, it hereby certified that it will comply with the Drug Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.) and that: a. A drug-free workplace will be provided for the Contractor's employees during the performance of this contract; and b. It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to the Contractor that a drug- free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3. Nonsmoking Policy for Children's Set -vices The Contractor agrees to comply with Public Law 103-227, also known as the Pro -Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor facility owned or leased by the Contractor and used routinely or regularly for the provision of health care, day care, early childhood development services, education or library services to children under the age of 18. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty up to $1,000.00 for each violation and/or the imposition of an administrative compliance order on the Contractor. Annex A -- Immigration and Security Form The Contractor agrees, throughout the performance of this contract, it will remain in full compliance with all Federal and State Immigration Laws, including but not limited to: $ U.S.C. § 11324(a) and Act 457 of the 2006 Session of the Georgia General Assembly (Georgia Security and lrnmigration Compliance Act, effective July 1, 2047) regarding the unlawful employment of unauthorized aliens and verification of lawful presence in the United States. Contractor will ensure that only persons who are citizens, United States nationals, or non -citizens authorized under Federal Immigration Laws are employed to perform services under this contract or any subcontract hereunder. (Titles 13, 16, 35, 42, 43, 48 and 50 of the Official Code of Georgia Annotated, enacted effective July 1, 2007). Contractor further certifies by signing Annex A (Immigration and Security Form), it will comply with the Immigration Reform, and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. 13-10-90 et.sea., Contractor further agrees to include the provisions contained in the forgoing paragraph in each subcontract for services hereunder. Contractor shall not retaliate against or take any adverse action against any employee or any subcontractor for reporting, or attempting to report a violation(s) regarding applicable immigration laws. uaanm IMMIGRATION AND SECURITY FORM SB529 (The Ga Security and Immigration and Compliance Act) requires contractors to file an affidavit that the contractor and its subcontractors have registered and participate in a federal work authorization program intended to insure that only lawful citizens or lawful immigrants are employed by the contractor or subcontractor. This requirement of SB529 is a phased -in affidavit filing requirement based on the size of the contractor. Contractors with 500 or more employees are required to file an affidavit of compliance beginning 711107. However, because the requirement is set forth in OCGA 13-10-91 which is a part of Chapter 10 of Title 13 governing public works contracts, the affidavit filing requirements of SB529 therefore only apply to public works contracts. A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act GCGA 13-10-90 et.sea,, Contractor must initial one of the sections below: Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at hM2s://www.vis-dhs.cornJEmployArRegistration and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.sea. Contractor has 100-499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https:llww,�v.vis-dhs.con- Employ_erRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-I-.01 et.seg. Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register at htttis:llwww.vis-dhs.com/EmoloyerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-A l et.seg. B. Contractor warrants that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract. Signature Firm Name: Street/Mailing Address: City, State, Zip Code: Telephone Number: Email Address: Title Privacy Policies — HIPAA Annex S -- Compliance with Health Insurance Portability and accountability Act (H1PAA) It is understood and agreed that the Department is a "covered entity" as defined by HiPAA of 1996 and the federal "Standards for Privacy of Individually Identifiable Health Information" promulgated thereunder at 45 CFR Parts 160 and 164. Further, it is agreed that as a business associate of the Department that its use or disclosure of any person's protected health inforrnation received from or on behalf of the Department will be governed by the Business Associate Agreement, attached hereto as Annex B, which the Contractor agrees to by signing this contract. Such Business Associate Agreement is executed and is effective simultaneously with this contract/amendment. However, the Business Associate Agreement will survive this contract/amendment pursuant to Section 43 d of the Business Associate Agreement. 45 CFR Part 74; as used in this contract, the word Contractor is synonymous with the work Subgrantee as used in this Code of Federal Regulations. ANNEX B HIPAA BUSINESS AS.S+OCIA TE AGREEMENT This Business Associate Agreement (hereinafter referred to as "Agreement"), effective this 15`h day of February, 2012 is made and entered into by and between the Georgia Council on Developmental Disabilities (hereinafter referred to as "GCDD" ) and City of Milton (hereinafter referred to as "Contractor" ) as Annex B to Contract No. TBA between GCDD and Contractor dated February 15, 2012 ("Contract'), WHEREAS, GCDD is required by the Health Insurance Portability and Accountability Act of 1995, Public Law 104-191 ("HIPAA"), to enter into a Business Associate Agreement with certain entities that provide functions, activities, or services involving the use of Protected Health Information ("PHI"); WHEREAS, Contractor, under Contract No. TBA (hereinafter referred to as "Contract'), may provide functions, activities, or services involving the use of PHI; NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GCDD and Contractor (each individually a "Party" and collectively the "Parties") hereby agree as follows: 1. Terms used but not otherwise defined in this Agreement shall have the same meaning as those terms in the Privacy Rule and the Security Rule, published as the Standards for Privacy and Security of Individually Identifiable Health Information in 45 C.F.R. Parts 150 and 164 ("Privacy Rule" and "Security Rule"). 2. Except as limited in this Agreement, Contractor may use or disclose PHI only to extent necessary to meet its responsibilities as set forth in the Contract provided that such use or disclosure would not violate the Privacy Rule or the Security Rule, if done by GCDD. Unless otherwise Provided by Law, Contractor agrees that it will: A. Not request, create, receive, use or disclose PHI other than as permitted or required by this Agreement, the Contract, or as required by law, B. Establish, maintain and use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement or the Contract. C. Implement and use administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that it creates, receives, maintains, or transmits on behalf of GCDD. D. Mitigate, to the extent practicable, any harmful effect that may be known to Contractor from a use or disclosure of PHI by Contractor in violation of the requirements of this Agreement, the Contract or applicable regulations_ E. Ensure that its agents or subcontractors are subject to at least the same obligations that apply to Contractor under this Agreement and ensure that its agents or subcontractors comply with the conditions, restrictions, prohibitions and other limitations regarding the request for, creation, receipt, use or disclosure of PHI, that are applicable to Contractor under this Agreement and the Contract. F. Ensure that its agents and subcontractors, to whom it provides protected health information, agree to implement reasonable and appropriate safeguards to protect the information. G. Report to GCDD any use or disclosure of PHI that is not provided for by this Agreement or the Contract and to report to GCDD any security incident of which it becomes aware. Contractor agrees to make such report to GCDD in writing in such form as GCDD may require within three (3) business days after Contractor becomes aware of the unauthorized use or disclosure or of the security incident. ANNEX B H. Make any amendment(s) to PHI in a Designated Record Set that GCDD directs or agrees to pursuant to 45 CFR 164.526 at the request of GCDD or an Individual, within five (5) business days after request of GCDD or of the Individual. Contractor also agrees to provide GCDD with written confirmation of the amendment in such format and within such time as GCDD may require. I. Provide access to PHI in a Designated Record Set, to GCDD upon request, within five (5) business days after such request, or, as directed by GCDD, to an Individual. Contractor also agrees to provide GCDD with written confirmation that access has been granted in such format and within such time as GCDD may require. J. Give the Secretary of the U.S. Department of Health and Human Services (the "Secretary') or the Secretary's designees access to Contractor's books and records and policies, practices or procedures relating to the use and disclosure of PHI for or on behalf of GCDD within five (5) business days after the Secretary or the Secretary's designees request such access or otherwise as the Secretary or the Secretary's designees may require. Contractor also agrees to make such information available for review, inspection and copying by the Secretary or the Secretary's designees during normal business hours at the location or locations where such information is maintained or to otherwise provide such information to the Secretary or the Secretary's designees in such form, format or manner as the Secretary or the Secretary's designees may require. K. Document all disclosures of PHI and information related to such disclosures as would be required for GCDD to respond to a request by an Individual or by the Secretary for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. L. Provide to GCDD or to an Individual, information collected in accordance with Section 3. K. of this Agreement, above, to permit GCDD to respond to a request by an Individual for an accounting of disclosures of PHI as provided in the Privacy Rule. 4. Unless otherwise Provided by Law, GCDD agrees that it will: • Notify Contractor of any new limitation in GCDD's Notice of Privacy Practices in accordance with the provisions of the Privacy Rule if, and to the extent that, GCDD determines in the exercise of its sole discretion that such limitation will affect Contractor's use or disclosure of PHI. ■ Notify Contractor of any change in, or revocation of, permission by an Individual for GCDD to use or disclose PHI to the extent that GCDD determines in the exercise of its sole discretion that such change or revocation will affect Contractor's use or disclosure of PHI. ■ Notify Contractor of any restriction regarding its use or disclosure of PHI that GCDD has agreed to in accordance with the Privacy Rule if, and to the extent that, GCDD determines in the exercise of its sole discretion that such restriction will affect Contractor's use or disclosure of PHI. Prior to agreeing to any changes in or revocation of permission by an Individual, or any restriction, to use or disclose PHI as referenced in subsections b. and c. above, GCDD agrees to contact Contractor to determine feasibility of compliance. GCDD agrees to assume all costs incurred by Contractor in compliance with such special requests. 5. The Term of this Agreement shall commence on the day and year first written above and shall terminate when all of the PHI provided by GCDD to Contractor, or created or received by Contractor on behalf of GCDD, is destroyed or returned to GCDD, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. A. Termination for Cause. Upon GCDD's knowledge of a material breach by Contractor, GCDD shall either: ANNEX B (1) Provide an opportunity for Contractor to cure the breach within a reasonable period of time, which shall be within 30 days after receiving written notification of the breach by GCDD; (2) If Contractor fails to cure the breach, terminate the contract upon 30 days notice; or (3) If neither termination nor cure is feasible, GCDD shall report the violation to the Secretary of the Department of Health and Human Services. B. Effect of Termination. (1) Upon termination of this Agreement, for any reason, GCDD and Contractor shall determine whether return of PHI is feasible. If return of the PHI is not feasible, Contractor agrees to continue to extend the protections of Sections 3 (A) through (J) of this Agreement and applicable law to such PHI and limit further use of such PHI, except as otherwise permitted or required by this Agreement, for as long as Contractor maintains such PHI. If Contractor elects to destroy the PHI, Contractor shall notify GCDD in writing that such PHI has been destroyed and provide proof, if any exists, of said destruction. This provision shall apply also to PHI that is in the possession of subcontractors or agents of Contractor. Neither Contractor nor its agents nor subcontractors shall retain copies of the PHI. (2) Contractor agrees that it will limit its further use or disclosure of PHI only to those purposes GCDD may, in the exercise of its sole discretion, deem to be in the public interest or necessary for the protection of such PHI, and will take such additional actions as GCDD may require for the protection of patient privacy and the safeguarding, security and protection of such PHI. (3) If neither termination nor cure is feasible, GCDD shall report the violation to the Secretary. Particularly in the event of a pattern of activity or practice of Contractor that constitutes a material breach of Contractor's obligations under the Contract and this agreement, GCDD shall invoke termination procedures or report to the Secretary. (4) Section 5. B. of this Agreement, regarding the effect of termination or expiration, shall survive the termination of this Agreement. 6. Interpretation. Any ambiguity in this Agreement shall be resolved to permit GCDD to comply with applicable laws, rules and regulations, the HIPAA Privacy Rule, the HIPAA Security Rule and any rules, regulations, requirements, rulings, interpretations, procedures or other actions related thereto that are promulgated, issued or taken by or on behalf of the Secretary; provided that applicable laws, rules and regulations and the laws of the State of Georgia shall supercede the Privacy Rule if, and to the extent that, they impose additional requirements, have requirements that are more stringent than or have been interpreted to provide greater protection of patient privacy or the security or safeguarding of PHI than those of the HIPAA Privacy Rule. 7. All other terms and conditions contained in the Contract and any amendment thereto, not amended by this Agreement, shall remain in full force and effect. Signature of Authorized Certifying Official Title Recipient Organization Date Federal Forzns This section comprises what has been referred to as Attachment A throughout the Contract. All of these forms must be signed by the signatory authority of the organization, and the original returned to the Council. Forms Included: Form 4: Assurances — Non -Construction Programs Form 9: Financial Interest Disclosure Form 10: Human Rights Assurances Form 11: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form 12: Certification Regarding Lobbying for Grants, Loans, and Cooperative Agreements FORM 4: ASSURANCES - NON -CONSTRUCTION PROGRAMS Note: Some of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case you will be notified. As the duly authorized representative of the grant recipient, I certify that the grant recipient: Has the legal authority to apply for Federal assistance, and the institutional, managerial and fmancial; capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title XI of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which Prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 6) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles IT and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real Property acquired for project purposes regardless of Federal participation in purchases. S. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or part with Federal funds. Will comply, as applicable, with the provisions of the Davis -bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction agreements. 10_ Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 510,000 or more_ 11. Will comply with environmentat standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 194) and Executive Order (EO) 11.514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § § 1451 et seq.); (f) conformity of Federal actions to State (Clear Air implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq_); (g) protection of underground sources of drinking water under the Safe Drinking Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Signature of Authorized Certifying Official Recipient Organization Species Act of I973, as amended, (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C, 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S-C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining" to the care, handling, and treatment of warm blooded animals held for the research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program - Title lr : M FORM 9: FINANCIAL INTEREST DISCLOSURE The grant recipient certifies under the penalties of perjury the following sets forth the names and addresses of all persons having a financial interest in this contract, not including any person whose only financial interest consists of the holding of one percent or less of the capital stock of a corporation contracting to provide services, in accordance with the provision of the General Laws, Chapter 7, Section 14 A, as inserted by Chapter 814 of the Acts of 1953: Name Address The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date FORM 10: HUMAN RIGHTS ASSURANCES The grant recipient will comply with the policy of the Developmental Disabilities Program for the protection of persons participating in activities supported by grants and contracts from the Department of Health and Human Services. This compliance will include a review by the grant recipient agency and/or their human rights committee. The grant recipient will be responsible for informing all staff of the conditions of this assurance. In the opinion of the grant recipient: A. The risks to the rights and welfare of individual affected by this project are. B. The following safeguards against these risks have been provided: C. The potential benefits of this project to outweigh any probable risk. D_ The following informed consent procedures will be adequate and appropriate: E. The following privacy and confidentiality procedures will be adequate and appropriate: F. The grant recipient agrees to develop and implement a mechanism for the continuing exchange of information and advice between the project director and the project's hurnan rights committee, particularly concerning proposed changes in project activity or design which might affect the persons participating in the project. This communication will be implemented as follows: G. Minutes will be kept of all human rights committee meetings and submitted to the GCDD. H. The names, occupation, or titles of the members of the human rights committee are: Assurances are further provided that (please initial one): After careful review of project activities, it was detem-dned no person or human rights risks are involved for which a human rights committee is necessary. If no human ruts committee is necessary, that notification of the project changes affecting human rights of project participants will be reported to the GCDD. A human rights committee will be convened and minutes submitted to the GCDD within thirty days after the grant award. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized certifying official Title Recipient Organization Date FORNI 11: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - Lower Tier Covered Transactions I. The prospectivellower tier participant certifies, by submission of this proposal/receipt of the award, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. 2. Where the prospectiveJlower tier participant is unable to certify to any of the statements in this certification, such prospective/participant shall attach an explanation to this proposal. The prospective lower tier participant further agrees by submitting this proposal it will include this clause entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date FORM 12: CERTWICATION REGARDING LOBBYING FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his/her knowledge and belief A No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of the Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete Standard Form LLL, "Disclosure Foran to Report Lobbying" in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: John Rebar, Parks and Recreation Director Submission Date: March 5, 2012 Meeting Date: March 19, 2012 Agenda Item: Approval of a Parks and Recreation License Agreement between the City of Milton and YMCA to Offer an 8 Week Summer Day Camp. Background: The Parks and Recreation Department is eager to continue offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through an agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: The YMCA has a long history of providing quality recreation servi ces. For many years the Ed Isakson/Alpharetta Family YMCA has been serving Milton residents with recreational services both at their facility in Alpharetta and within the City of Milton at various FCBOE school sites. The YMCA has been a major provider of Summer Day Camps for decades. The Parks and Recreation Department recently advertised a Request for Partners. This request was a direct solicitation for proposals to offer numerous recreation services. Through this process we found the YMCA to be the best organization to provide a Summer Day Camp for the City of Milton. The proposed program would serve children ages 5 - 12. The proposed program will be conducted at Hopewell Middle School through our existing IGA’s with FCBOE. The YMCA will have access to 1 classroom, the gymnasium, and all outdoor facilities. The YMCA has been doing summer camps for decades. By having the YMCA conduct the City of Milton’s summer day camp, the children will be able to experience all the YMCA expertise in running summer camps from the equipment available, more scheduling opportunities, more counselors, more children, and transportation to swim at their YMCA facility once-a-week. We have reviewed the proposal, held meetings, checked credentials and references, and received a copy of their license and liability insurance coverage. We agree that this Summer Day Camp program would be an asset to the Parks and Recreation Department. Once this agreement is approved, registration would begin immediately. A commission of 10% of all registration fees will be paid to the City of Milton two weeks following the end of registration. Non-resident fees will be collected by the YMCA and paid to the City at a rate of 50% more. Weekly camps fees will be $170.00 resident and $255.00 non-resident. Legal Review: Paul Higbee, Jarrard & Davis on February 23, 2012 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Attachments: A Parks and Recreation Department Agreement between the City of Milton and YMCA to offer an 8 Week Summer Day Camp. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2012, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA, INC., hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as summer camp at the following location: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request poral to the Coordinator for each program being proposed eight (S) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and a surcharge of 50% more for non-residents of MILTON. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult boo"ideo stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall havefirst riorit or use o CITY acilities nntsvithstandin an other provisions of this Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies; rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will fumish the PROVIDER with a background release form (Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. ARTICLE 2.4 E ui ment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 3 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it wil l be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the Minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 10% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 90% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 10% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within fourteen (14) business days of the end of each month or session or program. whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under 5 the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit --general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. ARTICLE 8.4 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 7 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. ARTICLE 10.0 MieeANnPnnc 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 It is the policy of City that unauthorized aliens shall not be employed to perforin 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 PROVIDER shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" that it and its 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 PROVIDER's and its subcontractors' verification process to determine that the verification was correct and complete. The PROVIDER and its 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. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. PROVIDER'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 Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "E", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). 607 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR PROVIDER: WITNESS: BY: Z- 'dl;�I�- EDWARD MUNS R, PRESID NT � CJ [AFFIX CORPORATE SEAL] 10 EXHIBIT "a„ PROGRAM REQUEST__FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Y Summer Camp at City of Milton Participant Ages: 5-12 Day/s of the week program is offered: Monday_— Friday Time of Program: 7:30 am to 6:30 am Program Dates: June 4, 2012 to July 27, 2012 Program Fee: Resident: $170.00 Non Resident: $255.00 Program Enrollment: Minimum 25 Maximum: 50 Materials to be supplied by participants: Lunch, water bottle and 2 snacks Materials to be supplied by PROVIDER: 5port.s_Equipment, games, arts _& crafts, promotion material, etc. All supplies needed to run the program will be provided by the provider. Materials to be supplied by the City of MILTON: Facilitv (rent cost to be [)aid by the provider Additional Program Requirements: PROVIDER('s)Name: Ed Isakson/Alpharetta Family YMCA 11 Address: 3655 Preston Ridge Road City/State/Zip Code: Alpharetta, GA 30005 Phone Number: (Day) 770-664-1220(Evening) 770-664-1220 (E-mail): kimn@ymccatlant.org (Fax) 770.664-0337 Minimum Requirements: 1,000,000 General Liability Insurance 12 Office Use Only. - Program Rate:$ # of programs in Session: ree/Program: 1) This Request Is For., (Che&0nIhy0r,e) ci Employment ❑ Military ci Licensing o Personal Use u Other Use Not Listed (Q cl International Travel © Firefighters Employment (E) * Prospective Adoptive/Foster Parents (E - Note & 2 ropy * Employment Working With The Elderly (m * Employment At A Child Care Facility (W) X Volunteer working with Children (W) * Employment Working With The Mentally III (M) Police (tide Along Bequest (Cy o Police I3eparhment VendorlContractor (C) 2) A, History is Requesters On The Following Person: Mame: LAO - mdd* Social Security Number - Se c Face_ a White u Black u Asian a American Indian a Urktown[Olher Bate Of Hirth_ Phone plumber: - - M.1A D�, y— © Check If Request Is For Yourself And Proceed To Section 5 At The BDbm CII This Page. 3) Person Requesting Criminal History: Dame_ City of Milton/Company Alarne (TBD) Address: 13000 Deerfield Parkway Suite 107 Phone_ 678 242 2500 CitpStatelZip_ Milton, GA 30004 4) Consent: This prsrtion is to he used if the person requesting the criminal history is clfferent than whom the criminal history is toeing inquired on (sections It & tit above are not the same person)_ Thffdpartynoiary is required, i hereby eve my cormef3t for my criminal history to be run and for the above named perwn In seen M to gree aces to k twlyx Fnr erg o seal romp oar 5) to maRing this request. I agree that the City of Milton Police Dep rimenl, its employees, heirs, trustees, etc., shah in no way W geld at fault for the use or misuse of this reed. A photocopy oT this release vnll be placed on fire and is valid as an om, Mar hereof, even Mough the photocopy does not contain an original signature. Incomplete requests will be denied. This report is considered accurate at time of inquiry and may change at anytime. a,Tana RiWF R5WNWq RrnIti Hmb-y MR 01Mbal Use Only — Do Not Mark Below This Line Resu Its: W2aos 56 13 Operator ARN Date Submitted Inquiry Date 1 1 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, Finn, 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 perfannance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D." Contractor further agrees to maintain records of such nnmplinnr_.P 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 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Young Men's Christian Association of Metropolitan Atlanta, Inc. 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: 14 J% 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 "D." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. -5�-3)� EEV 1 Basic Pilot Program User Identification Number !;t -,2C!1 c vd BY: Authorized Officer or Agent Date Young Men's Christian Association of Metropolitan Atlanta, Inc. re c e Title of Authorized Officer or Agent of Contractor -!S q �j CL4 C_I I a r - Printed Name f Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2^'� DAY OF Frlccr !1 201 '►�►►►�ti rrrr��r, Notary Public �� �,E $ L4& y My Commission Expires: �.',2�.9 ss+av �'�' 'IF! 1111111 00% 14% No Text STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Young Men's Christian Association of Metropolitan Atlanta, Inc. 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 1 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: 15 EXHIBIT "E" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secDre and Yerif able document, as required by O.C.G.A.. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY PUBLIC My Commission Expires: (city), (state). Signature of Applicant Printed Name of Applicant 16 p% EXHIBIT "E„ SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) t♦ I am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure an verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in 4�— _ (city), a Ca ` i�. (state). }'s, Signature of Applicapt� � r r Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE .2 A DAY OF p��r-C k , 201:>- NOTARY 01:>.NOTARY PUBLIC My Commission Expires: 16 •�irICtt lr`1r1� � St g �.i �g51CW UC"7JArrr 4A . e9 m � pUF3L�G i � 26, % City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: John Rebar, Parks and Recreation Director Submission Date: March 7, 2012 Meeting Date: March 19, 2012 Regular Council Meeting Agenda Item: Approval of a Contract between the City of Milton and Ed Castro Landscape, Inc. for the Construction of a Park at 12785 Birmingham Highway, 12-PR01, in the Amount of $160,000. Background: The City of Milton has completed the bid process for the Construction of a Park at 12785 Birmingham Highway, 12-PR01. This project is part of a previously executed Intergovernmental Agreement with Fulton County Board of Education for the construction a park on FCBOE property. The Request for Bids was posted on December 12, 2011. A pre-bid meeting was held on January 4, 2012 at 10 a.m. at City Hall. Bids were due on January 26, 2012. A total of 25 bids were received. Discussion: Bids were reviewed and ordered based on pricing. A review of the lowest three bidders began (see below). This process included reference checks and a review of each bid to verify all required documentation was included. After careful review the first two bids were deemed not responsible. The factors contributing to this determination was the company’s lack of like kind experience over the past ten years, as bidders were to have a minimum of three like kind projects completed within the identified time period. Careful review of submitted materials, reference checks and direct conversation with the bidders revealed that this criterion was not met. A review of the third bidder resulted in Ed Castro Landscape, Inc. being the lowest responsive and responsible bidder having met all criteria outlined in the RFB package. Subsequent meetings ensued resulting in Ed Castro Landscape, Inc. signing a contract for the construction of the identified park. Staff respectfully requests Mayor and Council to approve and execute a contract in the amount of $160,000 for the construction of a Park at 12785 Birmingham Highway. Funding for this project is available in the Parks and Recreation Capital Budget. Contractor Bid Price Espinosa Construction Services $147,909.00 NR Interciti Development, LLC $149,709.40 NR Ed Castro Landscape, Inc. $160,000.00 Legal Review: Paul Higbee, Jarrard & Davis on March 8, 2012 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 2 of 2 Attachments: A Contract between the City of Milton and Ed Castro Landscape, Inc. for the Construction of a Park at 12785 Birmingham Highway, 12-PR01, in the Amount of $160,000. City of Milton CONSTRUCTION AGREEMENT This Construction Agreement (the "Agreement") is made and entered into this X14 day of /11"C'm , 20 t?, , by and between the City of Milton (hereinafter referred to as the "City"), and ED CASTRO LANDSCAPE, INC, a Georgia corporation with its principal place of business located at 1125 OLD ELLIS ROAD, ROSWELL GA 30076 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request for Bid, dated 12/12/2011, to solicit bids for FYI Construction of a Park at 12785 Birmingham Highway; and WHEREAS, based upon Contractor's bid in response to the Request for Bid for FYI Construction of a Park at 12785 Birmingham Highway, the City has selected Contractor as the successful bidder; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Request for Bid (and other bid related documents) attached hereto as Exhibit "A"; C. Bid Documents from Contractor dated January 25th,2012 attached hereto as Exhibit `B"; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit «C,,. E. Noncollusion Affidavit of Prime Bidder, attached hereto as Exhibit "D"; F. Final Affidavit, attached hereto as Exhibit "E"; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G"; H. SAVE affidavit attached hereto as Exhibit "H"; I. Plans and specifications, attached hereto collectively as Exhibit "I"; J. Key Personnel, attached hereto as Exhibit "J"; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties, and all Architect's plans. Section 2. Project Description The Project is defined generally as follows: FY12 Construction of a Park at 12785 Birmingham Highway. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work"). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 4. Contract Time Contractor agrees to complete the Project within 120 days from the date of the City's issuance of a written Notice To Proceed. Every effort will be made by Contractor to shorten this period. The Project shall only be considered complete upon the Architect's issuance of a final Certificate for Payment ("Final Completion"). The Contractor agrees to pay an amount of $100.00 per day, not as a penalty, but as liquidated damages because actual damages would be difficult or impossible to determine, for each day beyond 120 days without completion of the Project. 2 Section 5. Contractor's Compensation; Time and Method of Payment City agrees to pay the Contractor $160,000.00 for work performed by Contractor upon certification by Lose & Associates, Inc. (the "Architect") and the City that the work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of, and the issuance by the Architect of a Certificate for Payment regarding, invoices setting forth in detail the work performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44- 14-366. The Contractor through each invoice may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Architect, with the remaining ten percent (10%) to be retained by the City until Final Completion of the Project. The final Certificate for Payment issued by the Architect shall include all amounts retained by the City under this paragraph. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City subsequent to the issuance of a Certificate for Payment by the Architect. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order or construction 3 change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically,. Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. 11 E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative 6DVALb P- Ck rip shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from 5 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City's Representative within ten (10) days after issuance. Inasmuch as the City and the Contractor are contractors independent of each other 6 neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minilnum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. h (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City for General Liability coverage only. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (d) Builder's Risk Insurance. Contractor shall provide a Builder's Risk to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Contract price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall be endorsed as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by Owner; and iii) Performance of Work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency." (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. 9 (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Emplo_Ment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit 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 "F" and "G" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (`BEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E - Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a 10 Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1- .02. 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 hereto as Exhibit "F" and incorporated herein by this reference. 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. 11 (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or 12 other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel All of the individuals identified in Exhibit "J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. City to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings 13 The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. City's Representative John Rebar shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment 14 exceed the total profit and overhead remaining in Contractor's budget at that time. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The .City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Construction Administration A. The City and the Contractor will communicate with each other in the first instance through John Rebar or designee. B. The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Agreement. C. THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS AGREEMENT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF THE ARCHITECT. THE CONTRACTOR IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BY AND BETWEEN THE OWNER AND THE ARCHITECT. IT IS EXPRESSLY ACKNOWLEDGED AND 15 AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE CITYARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE ARCHITECT TO THE CITY. Section 12. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: oc.v CLA-I S ,Zorn �o�of-LL.i C, Ar- 3v0'1616 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first ED CASTRO LANDSJWE G7 Secretary [AFFIX CORPORATE SEAL] SIGNED S LED AND DELIVERED in the nr se e o7 I Public %%%%% III LEE 1kee jp r / of tAl ````� 17 [NOTARY SEAL] My Commission Expires: [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: g�W e -17 City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 19 EXHIBIT "A" RFB Crabapple Crossing Park. pdf Addendum #1 and pre-bid sign in sheet. Addendum #2 Due Date extension. pdf 20 EXHIBIT "B" NorthCrabapple. pdf 21 Bond No.OKC615277 LIXIIIBIT "C" PERFORMANCE BOND KNOW ALL HIEN BY THESE PRESENTS THAT ED CASTRO LANDSCAPE, INC. (as CONTRACTOR, hereinafter referred to as the "Principal"), and __American Safety Casualty Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sura of One Hundred Sixty Thousand"' Dollars lawfiil money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into:a certain written agreement with the City, dated they of /`l kl-Cl-1 , 201E which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as 1iY12 Construction of a Park at 12785 Birmingham Highway, (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: 22 Bond No.OKC615277 Continued 1, That if the Principal shall fully and completely perforin each and all of the teems, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be trade, and if the Principal and the Contractor's Surety shall indennlify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the tering, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall cornmence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice fi-om the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City, The Contractor's Surety hereby waives notice of any and all modifications, omissions, 23 Bond No.OKC615277 Continued additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations. undertaken by this Bond shall not be impaired in ally manner by reason of any such modifications, oinissions, additions, changes, and advance payments or deferred payments. The Parties filrther expressly agree that any action on this Bond may be brought within the tilne allowed by Georgia law for suit oil contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety Have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this � ' dayof. AA" 20 /Z, Case, Secretary Date: �IQ�Z'IZ Attest: Date:-3_Zz z ED CASTRO LANDSCAPE, INC. Edward Castro, President (Insert Name of Contractor's Surety) By: Amprican Safety Casualty Insurance Company Title: M ./i`/ _( _SEAL; A.M DiGeronimo (Attorney -In -Fact) 24 NUMBER OKC615277 AHERICANSAFEiYINSURANCE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these Presents does make, constitute and appoints A.M. Digeronimo, Michael R. Digeronimo, Colin Tumy of Atlanta, GA its true and lawful attorneyy-in-fact for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to provided that no bond or undertaking or contract of suretyship exeecButed under this authority shall exceed in amount the sum of *** THREE MILLION*** ($3,000,000.00) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6th day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in- fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER that any bond, undertaking. recognizance, or suretyship obligation shad be valid and binding upon the company when: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly authorized attomey-in-fact or agent or (iii) when duly executed and sealed (if a seal is required) by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WrrNESS WHEREOF, Arnerirsn. Safety Casualty tnumce Gonpegj 1fe9 caused its office seal to be hereunto affixed, and these presents, to be sigt by its Pmr ident and attested by its Secretary this 6" day ofA4W 2009 n. t� f Amh4 Jain STATE OF GEORGIA COLIPM OF COBB On oris 6" day Ct August, MD bekm me peracnafty came ,Jt>afptt a $00o, Jt„ to rtfe knourit, wins, b6v by me defy smrn, did depose a m Say that he is the Prasicierft of American Safety Casualtyh wkancg: Cornpaiv, Cie = rpvratkxt wed in and" whim aaecuted the abow instrument: that he VbMs the seat of the said eorRoraticar; that tris $eal afhsrad toate said kftru rteot is suet. txsrp©tate $6A M is Was so affixed by otdet of the Board of Mectm of said corWation and that he signed his name thereto by Re order. wtw'lEobfrM iCO..OA my cowvigc1 EX*+tAaq M 202 L IM undersVned, Secretary of Atrtericart Safety Ca m4 i f CwWy an o d4fxrtna tarpowAm 00 HEREBY CERTIFY, that the bWoirg and ai#xfaed Pawet of Attntttey mmaift in ti,it b(ft and has net bw t and tkrr3hwrrscra t; tat the Rea&tion of ft Board of Oaecfots, set %rth in fie said tawrer of Attorney. is MW in urea. su' r 2nd,, March 2012 Sigrid and reelect the City of Atzania in S of ,a Liaetef tide: of I - 4a ['i � Bond No.OKC615277 Continued EXHIBIT "C" PAYMENT BOND CITY OF MILTON, GEORGIA IC%IOW ALL MIEN BY THESE PRESENTS THAT ED CASTRO LANDSCAPE, INC. (as CONTRACTOR, hereinafter referred to as the "Principal"), and American safety Casualty Insurance Company (as SURETY COMPANY; hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto. the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the suui of (one Hundred Sixty Thousand and 00/100*********************************) Dollars ($ 16o,000********), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated .3141 t o) L , which is incorporated herein by reference in its entirety (hereinafter referl•ed to as the "CONTRACT"), for the construction of a project known as FY12 Construction of Park at 12785 Birmingham Highway, (hereinafter referred to as "the PROTECT"), NOW THEREFORE, the condition of this obligation is such that.if the Principal shall promptly make payment to any CIaiinant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. 26 Bond No.OKC615277 Continued A "CIaimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, withQut regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor perforining Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall removeany such Lien by bond or otherwise as provided in the Contract. The Parties f ether expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this q16 clay of I" Ad -&H 20 /L ED CAST LAND AP ! C. By: Edward Castro, President (Signatures Continued on Next Page) 27 Shawl; Matthew Case, Secretary Date: l 1 W i , Attest: Date: z Bond No.OKC615277 Continued (insert Nance of Contractor's Sureky) By: American Safety Casualty Insurance Company Title: 1� . ,%i l {rj (SEAL) A.M. DiGeronimo (Attorney -In -Fact) (ATTACH SURETY'S POWER OF ATTORNEY) NUMBER OKC615277 AMERICAN SAFETY INSURANCE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these Presents does make, constitute and appoints A.M. Digeronimo, Miehael R. Digeronimo, Colin Tumy of Atlanta, GA its true and lawful attorney-in-fact for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to provided that no bond or undertaking or contract of Buret shi L OBIJ FS y p execu a under this authority shall exceed in amount the sum of *** THREE MILLION*** ($3,000,000.00) DOLLARS*** This Power of Attorney is granted and. is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6th day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney fact or agent and revoke any power of attorney previously granted to such persons. -in- RESOLVED FURTHER that any bond, undertaking. recognizance, or suretyship obligation shad be valid and binding upon the company when: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly authorized attomey-in-fact or agent or (iii) when duly executed and sealed (if a seal is required) by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. til WITNESS WHEREOf,.Americar safety Casuaap 1numwu e y he.s caused itsadd seal to be hereunto afixed, arxt these presents to be 301ed by its Pro B*N and attested by its Secretary this r stay of Auprsst, 200s h Ambq Jain .... STATE OF GEORGIA COUNTY OF Coss use is r day OIent Amedcan me y caum joge D. rte, k to me.kncrm, whao b6V by me ci* sworn. did depoaa and say tbaf knows the seal rrflhe said Y l Comparr the in end.'-rhiett axeaded the abo" fnstrrrment: that he corporation: ttrat the seal af6orndtits said int a stout carparate sbak:M is reqs so affixed by wW of tint Board of GArettora of said carpwalion and that he signed ha iwmer the by Re order. ftAWPW*rAd& CIA MY 00=h i icrt haft jW; M 20112 -i .0i Title 1 L tuts m Wersigned, Secretary of Amencart Sstety t` abs hsutarkcs idnpany, an Oldahonst a Mwatioe. DO HEREBY CERTIFY, that the tonegoasg and atter Power d Attorney "Ain to U fine and t 2i not theft ftwkt4 arxt 4t4roxft ttud ft Resollubim d the Bawd Of larackus set forkr in tt a said Pbwer of Amorney, is rare in farce. W -Ad and sealed in the City at Attartta, in the State of CWKWO /` „ � � i?aaed a* 2D d"of March, 2012 ------------------ x s -•-tom 3RrM" EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA City of Milton 9/40'o M • C— d E , being first duly sworn, deposes and says that: (1) He is OFrfCOY 5CC"f*0 (Owner, Partner, Officer, Representative, or Agent) of ED CASTRO LANDSCAPE, INC. (the "Bidder") that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). (Signed) i`�ari `P 01 ! l 111 Subscribed and Sworn to before me (Name) Ikor,,g,Q o I e � this L1 day of .20 /720 Title (��/� 0 o 1v ,����♦♦ (SEAL) My Vmmission Expi es 2a 124L12 - bate' W STATE OF GEORGIA WN61 32ul1N11130 EXHIBIT "F" 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 has registered with and is participating in a federal work authorization program, in accordance with the applicable 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, 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 "l." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City at the time the subcontractor(s) is retained to perform such service. A Z/1S(V? EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date ED CASTRO LANDSCAPE, INC. .5Ce4vTA-xq Title of Authorized Officer or Agent of Contractor SH&J" 'M- Esc Printed Name of Authorized Officer or Agent SIGNED, 5M�, AND I�IV R in the ares c f: / -1,111111014, 31 EXHIBIT "H" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: pvvxn.►s ucE"46 In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in fZ0JL'6t'�' (city), SA-. (state). Signature of Applicant S'N*jN M. CAav Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE %144ii!//� ,DAY OF , 20-_ '°%lA LEF,�i��r I N ARY PUB = 9 My Commission Expires:�; eti 33 Co. 01.pdf C2.91. pdf C2.81. pdf 01320FL_CONSTRUC TION PROGRESS DO( CO. 00. pdf C4.03. pdf C2.90. pdf C2.80. pdf 02630FLSTORM DRAINAGE. pdf EXHIBIT "I" Site/Civil Drawings L2.03. pdf C4.02. pdf C2.85. pdf C2.O1.pdf 02300FLearthwork. pdf L2.02.pdf L2.01.pdf C4.O1.pdf C2.93. pdf C2.84. pdf C2.83. pdf C1.20.pdf C1.O1.pdf 02260F L_EXCAVATI 02240FL_DEWATERI ON SUPPORT AND PF NG. pdf L1.02.pdf C2.92. pdf C2.82. pdf CO. 02. pdf } 02231FL_TREE PROTECTION AND TF 02821FL CHAIN -LIN 02810FL_IRRIGATIO 02764FL PAVEMENT 02751FL CEMENT 02660 water K FENCES AND GATE: N SYSTEMS.pdf JOINT SEALANTS. pdf CONCRETE PAVEMENsystem-GOOD LOCAL 34 02230FL SITE 02221FL_DEMOLITI 01782FL_OPERATIO 01781FL PROJECT 01770FL CLOSEOUT 01731FL CUTTING CLEARING. pdf ON. pdf N AND MAINTENANCI RECORD DOCUMENT PROCEDURES. pdf AND PATCHING. pdf W.fii •'Nr� * Vr?k: '4A'bt �1rrh 'Milt. 01700FL_EXECUTIO 01600FL PRODUCT 01524FL CONSTRUC01500FL_TEMPORAR01420FL_REFERENC 01400FL TESTS AND N REQUIREMENTS. pc REQUIREMENTS. pdf TION WASTE MANAGY FACILITIES AND CC ES. pdf INSPECTIONS. pdf 01330FL_SUBMITTAL01320FL_CONSTRUC 01310FL PROJECT 01290FL PAYMENT 01250FL CONTRACT 01230FL ALTERNAT PROCEDURES, pdf TION PROGRESS DO(MANAGEMENT AND C PROCEDURES. pdf MODIFICATION PRO( ES. pdf O1100FL SUMMARY. 06100_General 03300-a_CAST-IN-PL 02930FL_Exterior 02920FL Lawns and 02870FL SITE pdf Carpentry. pdf ACE CONCRETE -SITE Plants. pdf Grasses_ revised_ 110 FURNISHINGS. pdf LaV 02821FL CHAIN -LIN 02810FL_IRRIGATIO 02764FL PAVEMENT 02751FL CEMENT 02660 water K FENCES AND GATE: N SYSTEMS.pdf JOINT SEALANTS. pdf CONCRETE PAVEMENsystem-GOOD LOCAL 34 EXHIBIT "J" KEY PERSONNEL Shawn Case 35 March for Meals Awareness Month WHEREAS, the Meals on Wheels program provided by Senior Services North Fulton delivers nutritious meals to seniors who are unable to prepare meals for themselves; and WHEREAS, Senior Services North Fulton has been administering the Meals on Wheels program in the City of Milton for more than 5 years, and in the area that became Milton for more than 20 years, with a 100% volunteer force; and WHEREAS, in 2011 more than 400 volunteers donated their time, vehicles, gasoline and energy to deliver more than 37,000 meals with a friendly smile; and WHEREAS, no senior is ever refused service because of an inability to pay; and WHEREAS, these efforts have resulted in the improvement in the lives of Milton seniors through continued personal independence, nutritionally balanced meals and daily visits by caring volunteers. Now, therefore, let it be known that we, the Mayor and City Council of the City of Milton, Georgia, hereby proclaim the month of March 2012 as “March for Meals Awareness Month” month, and call upon the citizens of Milton citizens to join in supporting the Meals on Wheels Program. Given under my hand and seal of the City of Milton, Georgia on this 19th day of March, 2012. ______________________ Joe Lockwood, Mayor (SEAL) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 5 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: March 8, 2012 for the March 19, 2012, City Council Meeting (February 6, 2012 – First Presentation, February 13, 2012 - Work Session, February 22, 2012 City Council Meeting) Re: RZ12-01 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) as it relates to allowing structures housing animals within the front yard and fencing along the public right-of-way CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend Article VI, Division 2 – AG-1 (Agricultural) as recommended by Staff. Background: Since the City’s creation in December 2006, there has been several property owners who have needed to request a primary variance to the Board of Zoning Appeals to allow newly constructed barns and covered riding arenas to be placed in front of their primary residence. For properties with a single family residence, accessory use barns housing animals and covered riding arenas, the current Zoning Ordinance requires the barn and/or covered riding arenas to be placed behind the primary structure outside of the minimum side and rear yards. There are many parcels of land within the City where the shape and size do not lend itself to placing these structures behind the primary residence and therefore, property owners have applied for a variance to allow the structures to be constructed. Another issue that has been discovered by Staff is to require residential and agricultural uses within the AG-1 (Agricultural) district, especially within the Northwest Fulton Overlay District, to require fencing along public right of ways be only three or four board fencing and to prohibit opaque type fencing. Discussion: Throughout the years, City Staff has heard from the equestrian community the need to become more equestrian friendly to help promote the industry whether it is as recreational purposes for individual property owners or for commercial farms. It is Staff’s opinion that by approving this text amendment “to allow barns and covered riding rings within the front yard”, it will allow those parcels with horse farms to more easily operate within the City of Milton. The Planning Commission met on January 24, 2012 and a copy of their recommendation is attached entitled “Planning Commission’s Recommendation with City Attorney’s Comments”. Below is a summary of both the Planning Commission and Staff’s recommendations for your review. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 5 Staff notes that a representative of the horse community was present at the Planning Commission meeting to comment on the proposed changes and answer questions. There was no one else in attendance at the Planning Commission meeting. Parcels with a minimum of 10 acres (non-residential use) A. Current Article VI, Division 2, Section 64-415 (a)(4)– AG-1 (Agricultural) district currently addresses parcels with a minimum of 10 acres with buildings housing animals as the primary use, not a parcel where a single family residence is the primary use. In these situations, the buildings housing animals are not considered an “accessory structure” and therefore only need to meet the requirement to be a minimum of 100 feet from all property lines. B. Proposed Staff Recommendations Staff’s recommended language with the City Attorney’s edits also includes the requirement that buildings housing animals provide a minimum of 150 feet from other residential uses on adjacent properties. As for covered riding areas, uncovered riding areas with lights and/or bleachers, a Use Permit will be required. If this text amendment is approved as recommended, Staff will initiate the creation of said Use Permit. C. Proposed Planning Commission Recommendations The Planning Commission recommended that structures housing horses and uncovered riding areas and must be a minimum of 100 feet from all property lines and prohibit structures covering riding areas, lighted riding areas, and designated seating structures for viewing riding areas. Parcels with a single family residence A. Current Article VI, Division 2, Section 64-416 (i) require buildings housing animals be located in the rear or side yards but shall be located outside the minimum yard setback. It is Staff’s interpretation that the buildings housing animals and covered riding areas are associated with the agricultural use and are therefore permitted where there is a primary residence but need to be placed in the rear or side yards. B. Proposed Staff Recommendations Staff’s recommended language with the City Attorney’s edits has created in Section 64-415 (4) (b) the allowance of structures housing domesticated animals in the front, side, and rear yards. The structures housing domesticated animals will also be required to be a minimum of 100 feet from all property lines and a minimum of 150 feet from other residential uses on adjacent properties. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 3 of 5 As for covered riding areas, and uncovered riding areas with lights and/or bleachers, a Use Permit will be required. If this text amendment is approved as recommended, Staff will initiate the creation of said Use Permit. C. Proposed Planning Commission Recommendations The Planning Commission recommend that only buildings housing horses can be located in the front yard, but all domesticated animals can be housed in buildings in the rear and side yards. Additionally, both covered riding areas and uncovered riding areas with bleachers/and or lighting are not permitted on parcels with a single family residence. Fencing along public right-of-ways Additionally, the text amendment proposes that only three or four board fencing will be permitted along public right of ways within the AG-1 (Agricultural) district. It has been discovered that for agricultural and residential uses within the AG-1 (Agricultural) district the Zoning Ordinance does not prohibit opaque fencing. Within the Northwest Fulton Overlay District, non residential uses are required to provide the 3 or 4 board fencing as well as prohibiting opaque fencing. The Planning Commission was in support of Staff’s recommendation regarding three or four board fencing along public right-of-ways. City Council Work Session – February 13, 2012 The following items were recommended to be changed at the City Council Work Session: Change the words domesticated animals to “livestock” in Section 64-415(a)(4) Add “Fences shall be white, black, or dark brown in color” in Section 64-416(j)(3). Text Amendment provided for February 22, 2012 City Council Meeting Staff has provided the Planning Commission’s Recommendation which includes the City Attorney’s comments. In addition, Staff has shown the above recommended changes in the document for your review. Discussion at the February 22, 2012 Mayor and City Council Meeting Staff presented the Planning Commission’s Recommendation along with the existing requirements within the AG-1 (Agricultural) District as it pertains to barns. The Mayor and City Council after further deliberation, recommended the following changes, outlined in the attached table. The City Attorney recommended that based on these recommendations, Staff provide the verbiage for the updated text amendment. The Mayor and City Council voted to defer the item to the March 19, 2012 meeting to allow Staff and the City Attorney to complete the edits of the text amendment to reflect the recommendations of the Council. A redlined version of the text amendment is provided for your review. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 4 of 5 In addition, Staff notes that a new Use Permit will be created within Article IX, Division 5, Miscellaneous Uses which will require the application to go through the public hearing process that includes the Planning Commission and City Council for final approval. Additional definitions will also be added to the Zoning Ordinance to further define words such as “riding area”, “lighted”, “designated seating” and other words that may need to be defined. Staff anticipates initiating these text amendments within the next two months. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Reviewed on 1/26/12 and 3/6/12 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 5 of 5 Barns with Livestock (in front) Residential – Any acreage/no Use Permit Non - Residential – Use Permit for less than 5 acres Uncovered Riding Areas (in front) Residential – Any acreage/No Use Permit Non – Residential – Use Permit for less than 5 acres Uncovered Riding Areas (in front) (with lighting/or bleachers) Residential – Use Permit for 5 or more acres Non-Residential – Use Permit for 5 or more acres Covered Riding Areas (in front) Residential – Use Permit for 5 or more acres Non Residential – Use Permit for 5 or more acres Not permitted for properties with less than 5 acres Covered Riding Areas (in front) (with lighting and/or bleachers) Residential – Use Permit for 10 or more acres Non Residential – Use Permit for 10 or more acres Not permitted for properties with less than 10 acres RZ12-01 – Text Amendment Prepared for the Mayor and City Council on March 19, 2012 (Based on discussions at the February 22, 2012 City Council Meeting) Page 1 of 4 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT 1 Sec. 64-414. - Scope and intent. 2 The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted 3 to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 4 district is intended to encompass lands devoted to a wide range of uses, including: 5 (1) Individual parcels devoted to residential use; 6 (2) Single-family subdivisions; 7 (3) Agricultural; and 8 (4) Closely related uses. 9 Sec. 64-415. - Use regulations. 10 (a) Permitted uses. A building or property may be used for only the following purposes: 11 (1) Single-family dwelling. 12 (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, 13 greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings 14 used for housing animals must be at least 100 feet from all property lines. 15 (3) Roadside stand for the sale of agricultural products produced on the property. 16 (4) Riding stable other than accessory; provided buildings housing animals are at least 100 feet 17 from all property lines and the lot is not less than ten acres. Standards for keeping horses other 18 than for a nonaccessory public riding stable are the same as the standards contained in section 64 -19 165 pertaining to the keeping of horses in a single-family dwelling district. 20 (4)(a) For property with a single family dwelling being the principal use, structures housing 21 livestock, which may be located in the front, rear, or side yards, provided that the structure must 22 be located at least 100 feet from all property lines and at least 150 feet from any occupied 23 structure located on any other property. 24 (4)(b) (i) For property without a single family dwelling being the principal use, and containing 25 five or more acres, structures housing livestock, which may be located in the front, rear, or side 26 yards, provided that the structure must be located at least 100 feet from all property lines and at 27 least 150 feet from any occupied structure located on any other property. 28 (4)(b) (ii) For property without a single family dwelling being the principal use, and containing 29 less than five acres, structures housing livestock, which may be located in the front, rear, or side 30 yards, provided that the structure must be located at least 100 feet from all property lines and at 31 least 150 feet from any occupied structure located on any other property, and provided also that a 32 Use Permit must first be approved by the City Council. 33 RZ12-01 – Text Amendment Prepared for the Mayor and City Council on March 19, 2012 (Based on discussions at the February 22, 2012 City Council Meeting) Page 2 of 4 (5)(a) For property with a single family dwelling being the principal use, an uncovered riding 34 area, which may be located in the front, rear, or side yards. 35 (5)(b)(i) For property without a single family dwelling being the principal use, and containing 36 five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. 37 (5)(b) (ii) For property without a single family dwelling being the principal use, and containing 38 less than five acres, provided that a Use Permit must first be approved by the City Council. 39 (6) For property with or without a single family dwelling being the principal use, and 40 containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area 41 with designated seating structures for viewing which may be located in the front, rear, or side 42 yards and must be located at least 100 feet from all property lines, provided that a Use Permit 43 must first be approved by the City Council. This use shall not be permitted for property containing 44 less than five acres. 45 (7) For property with or without a single family dwelling being the principal use, and 46 containing five or more acres, a covered riding area, which may be located in the front, rear, or 47 side yards provided that the covered riding area and must be located at least 100 feet from all 48 property lines, provided that a Use Permit must first be approved by the City Council. This use 49 shall not be permitted for property containing less than five acres. 50 (8) For property with or without a single family dwelling being the principal use, and 51 containing 10 or more acres, a lighted, covered riding area and/or a covered riding area with 52 designated seating structures for viewing, which may be located in the front, rear, or side yards, 53 provided that the covered riding area, lighted riding area and/or designated seating structures for 54 viewing riding areas must be located at least 100 feet from all property lines, and further provide 55 that a Use Permit must first be approved. This use shall not be permitted for property containing 56 less than ten acres. 57 (5)(9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are 58 fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not 59 located in a fully-enclosed building are at least 200 feet from all property lines. 60 (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted 61 use and a dwelling may be used for a home occupation. 62 Sec. 64-416. - Development standards. 63 (a) Height regulations. No building shall exceed 40 feet in height. 64 (b) Minimum front yard shall be 60 feet. 65 (c) Minimum side yard shall be as follows: 66 (1) Adjacent to interior line: 25 feet. 67 (2) Adjacent to street: 40 feet. 68 (d) Minimum rear yard shall be 50 feet. 69 RZ12-01 – Text Amendment Prepared for the Mayor and City Council on March 19, 2012 (Based on discussions at the February 22, 2012 City Council Meeting) Page 3 of 4 (e) Minimum lot area shall be as follows: 70 (1) One acre with frontage on paved road. 71 (2) Three acres with frontage on unpaved road. 72 (f) Minimum lot width shall be 100 feet. 73 (g) Minimum lot frontage shall be 35 feet adjoining a street. 74 (h) Minimum heated floor area. There is no minimum heated floor area in this district. 75 (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side 76 yards but shall not be located within a minimum yard. 77 78 (j) Fencing along public streets shall be as follows:. 79 (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. 80 (2) Fences shall not exceed 55 inches from finished grade. 81 (3) Fences shall be white, black, or dark brown in color. 82 (4) Opaque fences are prohibited. 83 (5) Fences shall be set back a minimum of three feet from a public right-of-way. 84 85 (j)(k) Conservation subdivision. The development standards of a conservation subdivision shall be in 86 accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V, 87 conservation subdivision is currently reserved. 88 Sec. 64-417. - Other regulations. 89 The following headings contain provisions applicable to the AG-1 district: 90 (1) Development regulations: article XVII of this zoning ordinance. 91 (2) Exceptions: article II, division 3 of this zoning ordinance. 92 (3) Floodplain management: article IV of this zoning ordinance. 93 (4) Off-street parking and loading: article VIII of this zoning ordinance. 94 (5) Outside storage: article II, division 2 of this zoning ordinance. 95 (6) Landscape area and buffer regulations: article III of this zoning ordinance. 96 (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. 97 RZ12-01 – Text Amendment Prepared for the Mayor and City Council on March 19, 2012 (Based on discussions at the February 22, 2012 City Council Meeting) Page 4 of 4 (8) Signs: article XVI. 98 Secs. 64-418—64-436. - Reserved. 99 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 19, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to the use regulations and development standards in the AG-1 (Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of March, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on February 13, 2012 for February 22 and March 19, 2012 City Council Meetings Agenda Item: Approval of an Ordinance Accepting the Restated Georgia Municipal Employee Benefit System (GMEBS) Official Plan Document for Retirement Program CMO (City Manager’s Office) Recommendation: Adopt the attached ordinance accepting the restated Retirement Plan Document outlining the details of the GMEBS retirement plan for City of Milton employees. Background: As changes occur to the master plan document, GMA and GMEBS are required to periodically have the master retirement plan reviewed by the IRS to assure the plan benefit maintains its tax favored status. Upon final review and approval by the IRS, all GMEBS member cities must have the restated plan approved by the governing authority. Discussion: There have been no changes to the City of Milton’s plan design or expected cost. The restated plan is required to be adopted via ordinance by the IRS, GMA and state law. The plan still contains information about: Employee eligibility requirements, Normal and early retirement eligibility, Retirement formulas, Employee contributions, Distribution options, and Vesting requirements. Three minor changes have been identified that include provisions for military service, disability benefits upon termination of service and the handling of forfeiture of benefits for public employment related crimes. Concurrent Review: Ken Jarrard, Attorney - Jarrard & Davis on 2/02/12 Chris Lagerbloom, City Manager Attachment: Defined Benefit Retirement Plan Adoption Agreement STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE ACCEPTING THE RESTATED GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 19th day of March, 2012 at 6:00 p.m. as follows: SECTION 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; SECTION 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; SECTION 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority; and; Page 2 of 2 SECTION 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 19th day of March, 2012. _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) City of Milton (2011-2012 Restatement) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, Georgia, as follows (complete one or more sections, as applicable): *** Items (1) and (2) of Pre-Approved Addendum – Not Applicable *** (3) Special Waiting Period Requirements for Regular Employees - (see Section 11 of Adoption Agreement regarding Waiting Period) (check as applicable): (a) No Waiting Period; Immediate Participation. Except as otherwise provided below or where suspension of benefits is required as provided in Section 6.06 of the Master Plan, there will be no waiting period for participation under the Plan. This provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period for participation will apply to all other Regular Employees) (must specify): City Manager. (b) Alternative Waiting Period. Regular Employees shall be required to complete ______ (specify time period) of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. This alternative waiting period provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period will apply to all other Regular Employees) (must specify): __________________________________________________ [Repeat above subsection as necessary for each applicable waiting period and Participant class covered under the Plan.] - 2 - City of Milton (2011-2012 Restatement) *** Items (4) through (13) of Pre-Approved Addendum – Not Applicable *** The terms of the foregoing Addendum to the Adoption Agreement are approved by the _________________ of the City of Milton, Georgia this ________ day of _____________, 20____. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary City of Milton (2011-2012 Restatement) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT for City of Milton Form Volume Submitter Adoption Agreement Amended and Restated as of January 1, 2007 City of Milton (2011-2012 Restatement) - i - TABLE OF CONTENTS PAGE I. AN ORDINANCE........................................................................................................................1 II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT...............2 1. ADMINISTRATOR ........................................................................................................2 2. ADOPTING EMPLOYER...............................................................................................2 3. GOVERNING AUTHORITY .........................................................................................2 4. PLAN REPRESENTATIVE............................................................................................2 5. PENSION COMMITTEE................................................................................................3 6. TYPE OF ADOPTION....................................................................................................3 7. EFFECTIVE DATE.........................................................................................................3 8. PLAN YEAR...................................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES.......................................................................5 A. Eligible Regular Employees ........................................................................5 B. Elected or Appointed Members of the Governing Authority......................5 10. ELIGIBILITY CONDITIONS.......................................................................................6 A. Hours Per Week (Regular Employees)........................................................6 B. Months Per Year (Regular Employees).......................................................7 11. WAITING PERIOD.......................................................................................................7 12. ESTABLISHING PARTICIPATION IN THE PLAN..................................................7 13. CREDITED SERVICE..................................................................................................7 A. Credited Past Service with Adopting Employer..........................................8 B. Prior Military Service ..................................................................................9 C. Prior Governmental Service.......................................................................11 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave).....................................................................12 14. RETIREMENT ELIGIBILITY....................................................................................13 A. Early Retirement Qualifications ................................................................13 B. Normal Retirement Qualifications.............................................................14 C. Alternative Normal Retirement Qualifications..........................................15 D. Disability Benefit Qualifications...............................................................16 15. RETIREMENT BENEFIT COMPUTATION.............................................................17 A. Maximum Total Credited Service..............................................................17 B. Monthly Normal Retirement Benefit Amount...........................................17 C. Monthly Early Retirement Benefit Amount ..............................................20 D. Monthly Late Retirement Benefit Amount (check one):...........................21 E. Monthly Disability Benefit Amount..........................................................21 F. Minimum/Maximum Benefit For Elected Officials ..................................22 16. In-service distributions; cola........................................................................................22 A. Distributions For Those Who Remain In Service After Normal Retirement.....................................................................................22 B. Cost Of Living Adjustment........................................................................23 C. Re-Employment After Retirement.............................................................23 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING.........25 City of Milton (2011-2012 Restatement) - ii – A. Eligible Regular Employees ......................................................................25 B. Elected or Appointed Members of the Governing Authority....................25 18. PRE-RETIREMENT DEATH BENEFITS.................................................................26 A. In-Service Death Benefit............................................................................26 B. Terminated Vested Death Benefit..............................................................27 19. EMPLOYEE CONTRIBUTIONS...............................................................................28 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT.............29 21. TERMINATION OF THE ADOPTION AGREEMENT............................................29 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS.........29 City of Milton (2011-2012 Restatement) I. AN ORDINANCE An Ordinance to restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. [Ordinance continued on page 32] City of Milton (2011-2012 Restatement) - 2 - II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Milton, Georgia 3. GOVERNING AUTHORITY Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Section 2.46 of Master Plan) Name: Director of Operations Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 E-mail: City of Milton (2011-2012 Restatement) - 3 - 5. PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 E-mail: 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): To update the Plan to comply with EGTRRA and other applicable federal laws. To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) are effective for Plan Years City of Milton (2011-2012 Restatement) - 4 - beginning on and after January 1, 2002. Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2007-3 (the 2006 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by EGTRRA and the 2006 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is . (insert effective date of this Adoption Agreement not earlier than January 1, 2007). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2007). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be the date of its approval by the Governing Authority (insert effective date of this Adoption Agreement not earlier than January 1, 2007). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on April 1, 2007 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April 1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) City of Milton (2011-2012 Restatement) - 5 - 8. PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing ____________________________________. Other (must specify month and day commencing): January 1 – December 31. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): _________________________________________________________________________ _________________________________________________________________________ B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): City of Milton (2011-2012 Restatement) - 6 - ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________. (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): ___________________________________________________________________________ Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________. 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Employees) The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ ______________________________________________________________________________ Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) City of Milton (2011-2012 Restatement) - 7 - B. Months Per Year (Regular Employees) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) Other: ___________________________________________________________ 11. WAITING PERIOD Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (leave blank and skip to Section 13 unless participation is optional for one or more of the following classes): Elected or appointed members of the Governing Authority Municipal Legal Officers City Manager Department Heads Other (must specify; all individuals specified must be Eligible Employees): ___________________________________________________ 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: City of Milton (2011-2012 Restatement) - 8 - A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation):_______________________ __________________________________________________________________ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify): City of Milton (2011-2012 Restatement) - 9 - (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under “Other Conditions” below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). City of Milton (2011-2012 Restatement) - 10 - (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): _____________________________________ _________________________________________________________________ (4) Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ Other Conditions for Award of Prior Military Service Credit (must specify): ______________________________________________________________________________ (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" means the actuarial accrued liability relating to such prior service credit as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods employed in performing GMEBS member plan valuations. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. City of Milton (2011-2012 Restatement) - 11 - C. Prior Governmental Service Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. – Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. City of Milton (2011-2012 Restatement) - 12 - All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify): _____________________________________ (5) Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ Other Conditions for Award of Prior Governmental Service Credit (must specify): D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off: Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 – Retirement Eligibility). The following types of unused paid time off shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave City of Milton (2011-2012 Restatement) - 13 - Unused personal leave Other paid time off (must specify, subject to limitations in Section 3.01 of Master Plan): _______________________________________________________________ (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify, subject to limitations in Section 3.01 of Master Plan): __________________________________________________________________ (3) Use of Unused Paid Time Off Credit. Unused paid time off shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off shall be limited to a maximum of ____ months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan):__________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 14. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service City of Milton (2011-2012 Restatement) - 14 - Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): ______________________________________________________________________________ Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service B. Normal Retirement Qualifications Note: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 7 years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service City of Milton (2011-2012 Restatement) - 15 - C. Alternative Normal Retirement Qualifications Please skip to Section 14.D. - Disability Benefit Qualifications if the Adopting Employer does not offer alternative normal retirement benefits under the Plan. The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) Alternative Minimum Age & Service Qualifications. (if checked, please complete one or more items below, as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (2) Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): must have attained at least age ______ (insert number) must not satisfy any minimum age requirement. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ City of Milton (2011-2012 Restatement) - 16 - A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (3) Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (4) Other Alternative Normal Retirement Benefit. Must specify qualifications: _________________________________________ __________________________________________________________________ __________________________________________________________________ This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ D. Disability Benefit Qualifications Please skip to Section 15 - Retirement Benefit Computation if the Adopting Employer does not offer disability retirement benefits under the Plan. Subject to the other terms and conditions of the Master Plan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.21 of the Master Plan. City of Milton (2011-2012 Restatement) - 17 - The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.22 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service: No minimum. _______ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): ____________________________ 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one): not limited. limited to _________ years. limited to ________ years as an elected or appointed member of the Governing Authority or Municipal Legal Officer. B. Monthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): (b) Alternative Flat Percentage Formula. ______% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify):_____________________________________. City of Milton (2011-2012 Restatement) - 18 - (c) Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (d) Alternative Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants. Only the following Participants (must specify): [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): (a) A.I.M.E. Covered Compensation as defined in Section 2.16 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Dynamic Break Point Covered Compensation as defined in Section 2.17 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . City of Milton (2011-2012 Restatement) - 19 - (c) Table Break Point Covered Compensation as defined in Section 2.18 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following class(es) of Participants (must specify): (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $_______________ (specify amount). This definition shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the annual average of Earnings paid to a Participant by the Adopting Employer for the 5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: All Participants who are Regular Employees. Only the following Participants (must specify): _______________________________. [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Plan.] (4) Formula for Elected or Appointed Members of the Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. The monthly normal retirement benefit for members of this class shall be as follows (check one): $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): _____________________. City of Milton (2011-2012 Restatement) - 20 - [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shall apply to: All Participants. Only the following Participants (must specify): (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify): . Alternative Early Retirement Reduction Table Number of Years Before [Age ___(Insert Normal Retirement Age)] (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.___ 2 0.___ 3 0.___ 4 0.___ 5 0.___ 6 0.___ 7 0.___ 8 0.___ 9 0.___ 10 0.___ 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ City of Milton (2011-2012 Restatement) - 21 - *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. (2) The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.06 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly Disability Benefit Amount Complete this Section only if the Adopting Employer elects to provide Disability retirement benefits. The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability, less any benefits paid from Workers Compensation, federal Social Security benefits as a result of disability, any state compulsory disability plan, and any disability income plan paid by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) City of Milton (2011-2012 Restatement) - 22 - F. Minimum/Maximum Benefit For Elected Officials Complete this Section only if elected or appointed members of the Governing Authority participate in the Plan. In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): No minimum or maximum applies. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other minimum or maximum (must specify): ____________________________ 16. IN-SERVICE DISTRIBUTIONS; COLA A. Distributions For Those Who Remain In Service After Normal Retirement The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their benefit even though they have not yet terminated employment with the Employer, subject to the terms of the Master Plan. However, in accordance with IRS requirements, even if the Employer elects to permit in-service distributions and a Participant has otherwise satisfied the qualifications for Normal Retirement or Alternative Normal Retirement in Sections 14.B. or 14.C. above, the Participant will not be permitted to take an in-service distribution unless the Participant satisfies the applicable minimum age parameters set forth below. The Employer makes the following election in this regard (check one): (1) Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. (2) Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement, or, if higher, the minimum age parameters set forth below, may begin drawing their Normal Retirement benefit even though they remain in the service of the Employer. This provision applies to (check one): All Participants Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): Note: To be eligible for an in-service distribution, the Participant's age must meet the following minimum age parameters: For Participants who are not "public safety employees," the Participant must be at least age 62 or older. Based upon GMEBS' most recent actuarial experience study, this age is City of Milton (2011-2012 Restatement) - 23 - reasonably representative of the typical retirement age for the GMEBS' member municipalities/governmental entities (the "industry" in which members work). If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at least age 62, the Plan's normal retirement age will fall within the IRS pre-approved safe harbor. For Participants who are "public safety employees," the Participant must be at least age 50 or older. If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at least age 50, the Plan's normal retirement age will fall within the IRS pre-approved safe harbor for public safety employees. Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. B. Cost Of Living Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): (1) No cost-of-living adjustment. (2) Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). (3) Fixed annual cost-of-living adjustment equal to ______% (insert percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): All Participants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after __________________ (insert date). Other (must specify): ___________________________________ ______________________________________________________ C. Re-Employment After Retirement (1) Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. City of Milton (2011-2012 Restatement) - 24 - (b) The Participant may continue to receive his retirement benefit in accordance with Section 6.06(c) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): (2) Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. (b) The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check one of the following): (i) The Participant's Early Retirement benefit shall be suspended. However, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. (ii) The Participant may continue receiving his Early Retirement benefit in accordance with Section 6.06(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of _____ months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): City of Milton (2011-2012 Restatement) - 25 - 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify): Immediate Vesting (no vesting requirement). B. Elected or Appointed Members of the Governing Authority Complete this Section only if Elected or Appointed Members of the Governing Authority are permitted to participate in the Plan. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): City of Milton (2011-2012 Restatement) - 26 - No vesting schedule (immediate vesting). Other vesting schedule (must specify): __________________________________________________________________ 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. Other eligibility requirement (must specify): ____________________________________________________________ (2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible immediately upon becoming a Participant. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): ____________________________________________________________ Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other City of Milton (2011-2012 Restatement) - 27 - fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): _____________ ______________________________________________________________________________ Participants to whom alternative death benefit applies (must specify): _____________________ ______________________________________________________________________________ Eligibility conditions for alternative death benefit (must specify):_________________________ B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. City of Milton (2011-2012 Restatement) - 28 - Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): _____________ ______________________________________________________________________________ Participants to whom alternative death benefit applies (must specify): ____________________ _____________________________________________________________________________. Eligibility conditions for alternative death benefit (must specify): _______________________ _____________________________________________________________________________. 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): Are not required. Are required in the amount of _____ % (insert percentage) of Earnings for all Participants. Are required in the amount of 3.0% (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Regular Employees employed on or after April 1, 2007, commencing with the first payroll period beginning on or after April 1, 2007. [Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)- 1(a)(3)) with respect to the designated Employee Contributions, which includes City of Milton (2011-2012 Restatement) - 29 - not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. Other rate of interest (must specify rate, subject to the provisions of Section 13.06 of the Master Plan Document):__________________________________. 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this resolution. The Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. City of Milton (2011-2012 Restatement) - 30 - The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter M591996a dated March 31, 2010. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688- 0472. The primary person to contact is: GMEBS Legal Counsel. Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes Ice Miller LLP, Legal Counsel, the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16 and Announcement 2005-37. Employer notice and signature requirements have been met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: City of Milton (2011-2012 Restatement) - 31 - On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2007, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: • the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2005-16; or • as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. City of Milton (2011-2012 Restatement) - 32 - AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 20_____. Attest: CITY OF MILTON, GEORGIA _______________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary 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: February 28, 2012 for the March 19, 2012 Council meeting Agenda Item: Approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0005-00(448) State Route 372/Birmingham Highway at CR27/Providence Road/New Providence Road. Background: This resolution is to sign a reimbursable right of way and easement acquisition contract with Georgia Department of Transportation (GDOT) for intersection improvements at SR 372/ Birmingham Highway and Providence Road/New Providence Road. The City has GDOT approved Right of Way plans and a GDOT approved right of way cost estimate. Discussion: This Contract will require coordination with Georgia Department of Transportation (GDOT) the City of Milton and the City’s Right of Way Consultant BM&K. A professional Services Agreement with BM&K to provide right of way services for this project was approved November 7, 2011. Staff is recommending the approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0005-00(448) State Route 372/Birmingham Highway at CR 27/Providence Road/New Providence Road between the City of Milton and Georgia Department of Transportation not to exceed the amount of $594,000.00. The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. The reimbursable right of way expenses include land and improvement costs. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 2/28/12 Attachments: 1. Contract 2. Resolution CONTRACT FOR ACQUISITION OF RIGHT OF WAY STATE -AID OR FEDERAL -AID PROJECT Reimbursable STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON Revised 4106/09 Revised 10/07/04 PROJECT: HPPOO-0005-00(448) COUNTY: FULTON STATE ROUTE: 372 P.I. NO.: 04005448 This Agreement made and entered into this day of , , by and between the DEPARTMENT OF TRANSPORTATION (hereinafter called the DEPARTMENT) and the CITY OF MILTON (hereinafter called the CITY). WITNESSETH THAT: WHEREAS, the DEPARTMENT, and the CITY, propose to let to construction the above indicated project located on State Route 372 @ CR 27/Providence Road/New Providence Road in the City of Milton, the rights of way which are to be acquired in the name of the DEPARTMENT with the cost of the right of way being distributed between. the CITY and the DEPARTMENT as hereinafter specified; and, WHEREAS, the DEPARTMENT is authorized to enter into this contract with the CITY by virtue of Section 32-2-2(a) of the Official Code of Georgia Annotated; and, WHEREAS, the CITY is authorized to enter into this contract by virtue of Sections 32-3-3(e), 32-4-41(6), 32-4-42, 324-61 and 32-5-25 of the Official Code of Georgia Annotated and by a certain resolution of the Mayor and City Council, adopted the day of , 20_; and WHEREAS, said rights of way are to be acquired by the CITY in accordance with certain specified requirements of the Federal -aid Highway Act of 1970, as amended, and regulations of the DEPARTMENT in order for the construction cost of said project to be eligible for State or Federal participation. NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid to the CITY, the receipt of which is hereby acknowledged, and the mutual promises and covenants hereinafter set out, the DEPARTMENT and the CITY agree as follows: 1 of 17 ITEM I The DEPARTMENT agrees to reimburse the CITY Not to Exceed $594,000.00 for eligible right of way costs. Reimbursable right of way expenses include land and improvement costs, relocation expenses and contracted property management costs. Non -reimbursable right of way expenses include, but may not be limited to, manpower, appraisal, administrative, attorney fees and any in --house property management. Reimbursement of acquisition expenses will be eligible after completion of. all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the project. Further, before any reimbursement of funding occurs, the CITY shall certify in writing to the DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has been quitclaimed from the CITY to the DEPARTMENT, and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that "All parcels are vacant and immediately available for construction purposes". Each appraiser utilized on this project must be selected from the DEPARTMENT's "Approved Appraiser List"_ The DEPARTMENT shall review and approve each selection prior to the CITY contracting with the appraiser. All appraisals will be submitted to the DEPARTMENT for review, for approval and to establish fair market value prior to negotiations. Except as specified in ITEM V of this contract, all counter offers, administrative settlements and legal settlements above the fair market value must be reviewed and approved by the DEPARTMENT if the CITY expects the DEPARTMENT to participate in any increased settlement agreement above the fair market value. It is understood and agreed that the DEPARTMENT may participate in a court directed award above the fair market value subject to the availability of funds identified for the Project. The DEPARTMENT will not be required to participate in any such award increase that is not supported by a court order. It is further agreed between the parties that the DEPARTMENT shall be the final arbiter of whether an increase in an award or expense will be reimbursable to the CITY. ITEM II The DEPARTMENT will prepare the deeds in the name of the DEPARTMENT for use in acquiring the Right of Way. The CITY shall ensure at the time of closing that the current, approved deed or easement document reflects the latest revised or current required right of way description and/or easement(s) description. The CITY will provide, at CITY expense with no reimbursement, all legal counsel associated with acquiring properties by deed. 2of17 The CITY, or its designated representative, will prepare all Condemnation Petitions in the name of the CITY and will provide all legal counsel and/or litigation associated with acquiring properties through condemnation at CITY expense. After receipt of the approved and accepted certification from the CITY to the DEPARTMENT and after all acquired parcels, whether by deed or by condemnation, have been executed, quitclaimed, transferred in name from the CITY and recorded in the name of the DEPARTMENT, the DEPARTMENT will reimburse the CITY pursuant to ITEM III herein. ITEM III As set forth in ITEM I above, the DEPARTMENT will reimburse "Not to Exceed $594,000.00 of eligible right of way expenses. The procedure for reimbursement is as follows: All files and reimbursement requests shall be directed to the District Local Government Right of Way Coordinator in the Chamblee District Office. All reimbursement matters shall first be reviewed at the District Level in accordance with current guidelines and policies. Reimbursement to the CITY will be issued from the General Office in Atlanta following receipt of all approved documents and the accepted and approved CITY certification. Three 3 copies of the following items shall be included for each parcel and activi cost to be reimbursed: 1) Reimbursement of eligible expenses associated with properties acquired ley deed or easement: a) Recorded Deed or Easement h) Copy of Completed Negotiation Record c) Copy of the Approved Option d) Executed Closing Statement e) Copy of approved Review Appraisers Report (Form 532) f) Copy of Quitclaim Deed from City to Department 2) Reimbursement of eligible expenses associated with properties acquired through condemnation: a) Copy of the filed, recorded Condemnation Petition with identified docket number. b) Copy of receipt for monies deposited into court. c) Copy of Quitclaim Deed from City to Department 3of17 3) Reimbursement of eligible property management costs: a) Copy of verifiable and detailed invoice from the contractor and receipt for payment from the CITY and any fee contractors employed by the CITY for Property Management activities. 4) Reimbursement of eligible relocation costs: a) Copy of Relocation Payment Checks b) Copy of Executed Relocation Claim Forms c) Copy of the Approval Authorization of Payment Amount Any deviation from or change in the above described procedure must be approved by the State Right of Way Administrator in the Atlanta General Office. ITEM IV The CITY, at CITY expense, will ensure the demolition and removal in their entirety of all buildings, walls, fences, gates, underground storage tanks, signs, or any other improvements and structures of any nature or description, lying wholly or partially situated within the right of way and/or easement area, whether surface or subsurface. The demolition and removal shall be in accordance with procedures approved by the DEPARTMENT. The DEPARTMENT will not remove any improvements or structures as clearing and grubbing items. This is a reimbursable expense to the CITY except when the CITY performs any demolition by CITY forces. The DEPARTMENT will only reimburse demolition performed by fee contractors, supported by appropriate, verifiable paid receipts. Any and all contaminated properties will require the DEPARTMENT's approval before being acquired by the CITY. Removal of underground tanks and other hazardous materials will be in accordance with all current Environmental Protection Agency (EPA), Environmental Protection Division (EPD), State and Federal regulations, laws and procedures. ITEM V The CITY has the authority to approve a counter offer or administrative settlement up to $10,400 or 10% above the approved Fair Market Value, whichever is greater. All other counter offers or administrative settlements must be reviewed and approved by the DEPARTMENT, if the DEPARTMENT is to participate in any increased expense. Any modification whatsoever or any special provision included as an agreement to any document must first be approved and appropriately accepted by the DEPARTMENT. The District Local Government Coordinator in the Chamblee District Office will function as the CITY liaison with the DEPARTMENT. All counter offers, check requests, and any matters to be considered for agreement will be submitted through the District Local Government Coordinator. Once a determination has been made by the General Office, the District Local Government Coordinator will notify the CITY, in writing, of either approval or rejection of the submitted proposal. 4of17 The DEPARTMENT will not participate in any portion of a counter proposal which is closed prior to DEPARTMENT review, approval and acceptance. ITEM VI During the life of this contract and prior to completion of the construction work and final acceptance of the project by the DEPARTMENT, the CITY agrees not to use convict labor in any way on the project. ITEM VII Once the environmental clearance is obtained and the right of way plans are approved, the CITY can begin non -reimbursable, pre-acquisition activities; however, no offers can be made until: an acceptable project cost estimate has been submitted, reviewed and approved; ROW funds have been authorized in accordance with CFR 23.710.307; and, the DEPARTMENT has issued a Notice to Proceed to the CITY for any eligible, reimbursable right of way acquisition activities. The CITY agrees to defend, at CITY expense, any and all suits, if any should arise, involving property titles and/or contaminated properties associated with the acquisition of Rights of Way by deed or condemnation. ITEM VIII The CITY will, as required by law, proceed within fifteen ( 15) days after being notified by the DEPARTMENT to acquire the Rights of Way for said project free of all encumbrances by gift, deed, easements or condemnation in accordance with the approved plans. ITEM IX The CITY will, in the right of way acquisition procedure, observe and comply with Title 49 Code of Federal Regulations Part 24; Title 23 Code of Federal Regulations Part 710; Georgia Laws 1972, p. 931, as amended; and, in accordance with the requirements as outlined in the Relocation Assistance Manual prepared by the DEPARTMENT. The CITY will be responsible for making payments to owners as required under this procedure for any incidental expenses for the transfer of real property for rights of way purposes and any other moving and relocation expenses as required under the law and determined to be proper by the DEPARTMENT. Appeals of relocation assistance benefits will be submitted to the Department for review. Response to an appeal will be the responsibility of the DEPARTMENT. The CITY will, in their acquisition of the right of way, comply with the procedures set forth in Attachment No. 1 - Memorandum of Instructions, attached. During the performance of this Contract, the CITY will also comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in State Aid or Federally -assisted programs of said Department in accordance with the stipulations as indicated under Appendix "A", attached. The CITY shall also comply with all provisions as set forth in ADDENDUM 1, GDDT TITLE VI Assurances as attached, inclusive of APPENDIX A, APPENDIX B and APPENDIX C of attached ADDENDUM 1. 5 of 17 ITEM X Where determined to be desirable, the CITY will provide rodent control measures as required by the U. S. Department of Transportation prior to the demolition or removal of improvements located within the right of way of the project_ The measures employed shall be in accordance with procedures approved by State and Local laws and regulations governing rodent control. These costs are not reimbursable. ITEM XI This Agreement sets forth the entire understanding between the Parties relating to the subject contained herein and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto. It is understood that no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless evidenced by an amendment to this Agreement signed by both the DEPARTMENT and the CITY. I Y Y -n1►►► BVI I The CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs associated with this Agreement and used in support of its activities and shall make such material available at all reasonable times during the period of this Agreement, and for three years from the date of final payment under this Agreement, for inspection by the GDOT, and any reviewing agencies, and copies thereof shall be furnished upon request. ITEM XIII TIME IS OF THE ESSENCE IN THIS CONTRACT. UNLESS OTHERWISE AMENDED BY THE MUTUAL AGREEMENT OF THE PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER THAN THE CONCLUSION OF FY20I3. 6of17 IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT OF TRANSPORTATION by the Commissioner and on behalf of CITY by , being duly authorized to do so by the Mayor and City Council of said CITY_ Executed on Behalf of the Executed on Behalf of DEPARTMENT OF TRANSPORTATION CITY this day of this day of 320 , 20 1►.-9-WITI]'f_171 COMMISSIONER ATTEST DEPARTMENT OF TRANSPORTATION: 7 of 17 MAYOR CITY Council This Contract approved by the City Council at a meeting held at the 20 CLERK OF THE CITY day of Witness for the CITY: RESOLUTION OF THE CITY STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON BE IT RESOLVED by the Mayor and City Council of CITY and it is hereby resolved, that the foregoing attached Agreement, relative to Project HPPOO-0005-00(448) be entered into by the Mayor and City Council, and that as Mayor, and as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and City Council. PASSED AND ADOPTED, this ATTEST: day of , 20 IM CLERK MAYOR STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON I, as Clerk of the Mayor and City Council do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and City Council. Witness by hared and official signature, this the day of 20 IM CLERK 8 of 17 ATTACHMENT NO. I MEMORANDUM OF INSTRUCTIONS These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or construct said project with Federal participation. The Political Subdivision shall snake every effort to acquire expeditiously all real property when authorized to proceed. The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by donation. To assure the property owner is fully informed of his rights, the request for donation must be made in writing and also set forth that they are entitled to full just compensation, if they so desire. A letter prepared by the Department will be made available to use as a guide. If a property owner requests payment of just compensation, the provisions of paragraph one (l.) must be followed. Nothing herein shall be construed to prevent a person whose real property is being acquired from making a gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such person has been fully informed of his right to receive just compensation for the acquisition of his property. 1. At the initiation of negotiations each owner must be fully informed of his right to receive just compensation for the acquisition of his property. In order to assure just compensation is being offered, the following steps must be taken: A) A General Certified Appraiser, who is on the Department's approved list, must utilize an appropriate valuation method (appraisal/data book/cost estimate) as determined by the Department. B) The appraiser must give the owner or his designated representative an opportunity to accompany him during his inspection of the property. A statement is to be in the report that this opportunity was provided. C) The report must be adequately documented to support the conclusion of the appraiser and shall be prepared in accordance with the guidelines set forth by the Department. D) The Department must review the appraisal and approve in writing the estimated amount of just compensation to be offered to the property owner. E) The offer must be made in writing for the full amount of the aforesaid estimate of just compensation. Where appropriate, the written offer must state separately the amount for the real property being acquired and the amount attributable to damages to the remaining property 2. No person occupying real property shall be required to move from his home, farm, or business without at least three (3) months written notice. 3. The Department will furnish copies of letters, settlement and disbursements statements and such other forms, as it may deem necessary or desirable. 4. Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for this project must be forwarded to the Department upon request, for future reference. 9of17 The City will be responsible for determining benefits and preparing relocation assistance packages. Packages must be submitted to the Department for review and approval prior to offers of benefits being made. Any consultant contracted for negotiation services For the acquisition of right of way for the CITY must hold either a Real Estate License and be affiliated with a broker, or hold a Real Estate Broker's License in accordance with OCGA 43-40 unless identified as an exception under GCGA 4340-29. Said consultant must attend any present and all future mandatory training classes required by the DEPARTMENT, 10 of 17 APPENDIX "A" A. COMPLIANCE WITH REGULATIONS: The contractor shall comply with the regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 44, Codes of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the regulations), which are herein incorporated by reference and made a part of this contract. B. NONDISCRIMINATION: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the regulations, including employment practices when the contract covers a program set forth in APPENDIX "B" of the regulations. C. SOLICITATIONS FOR SUB -CONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitation either by competitive bidding or negotiation made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds or race, color or national origin. D. INFORMATION AND REPORTS: The contractor shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Transportation, or the Federal Highway Administrative as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor or under the contract until the contractor complies, and/or Cancellations, termination or suspension of the contract, in whole or in part. F. INCORPORATION OF PROVISIONS: The contractor shall include the provisions of Paragraphs "A" through "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the State Department of Transportation or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the State Department of Transportation to enter into such a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 11 of 17 ADDENDUM 1 ODOT Title VI Aass u ra n ties Thc Georgia Department of Transportation (hereinafter referred to as the "Recipient"), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation, it will comply with 'Title VI of the Civil Rights Act of 1464, 78 Stat. 252, 42 USC 20OOd-12 USC: 20OOd--4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to "Title 49, Code of Federal Regulalion s, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportations—Ef actuation of ".title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the enol that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance frotn the Department of Transportation, including the Federal Highway Administration, and HEREBY GIV)w4 ASSURANCE TI IAT it will promptly take any mcasures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(1) of the Regulations_ More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its federal Aid Highway Program. I. "That the Recipient agrees that each "program" and each "facility" as defined in Subsc-ctions 21.23(c) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. 'That the Rocipient shall insert the following notification in all solicitations for bids for work or material subject to [lie Regulations made in connection with the Federal Aid Highway Program, and in adapted form in all proposals for negotiated agreements: "The Georgia Depariment of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat, 252, 42 USC 20QQd-42 and Title 49, Code of Federal Regulations, Department sof Transportation, Subtitle A, Off -ice of the Secretary, part 2I, Nondiscrimination in federally assisted programs of the Department of Transpurtation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority husiness enterprises will he afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of vice, color, sex, or Rational origin in consideration for an award" 3. That the Recipient: shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed frons. the United States effecting a transter of real property, structures, or improvements (hereon, or interest therein. 5. That where the Recipient receives federal financial assistance to construct a tacility, or part ofa facility, the Assurance s}tall extend to the entire facility and facilities uperaled ill Connection therewith. 12 of 17 6. That where the Recipient received federal financiat assistance in the form, or for the acquisition of real property, or an interest in real properly, the Assurance shall extend rights to space on, over, or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as a covenant running with the land, in any futare deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal Aid Highway Program; and (b) for the construction or use of, or access to space on, over, or under, real property acquired or improved under the federal Aid lfighway Program. 8. That this Assurance obligates the Recipient for the period during which federal financial assistance is extended to the program, or is in the form of personal property, or real property or interest therein ar structures or improvements thereon, in which case the Assurance ohligales the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of simiilar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program, as are found by the State Secretary of Transportation or the official to whom slhe delegates specific authority, to give reasonable guarantee that it, other recipients, sub -recipients, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, sand this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising under the Act, the Regulations, and this Assurance. T141S ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discount8 ❑r other federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, sub -recipients, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Aid Highway Program_ The person ar persons whose signatures appear below are authorized to sign this Assurance on behalf of the Recipient. 't1 r'. a f ( 4 - Gana L. Evans, Ph.D. Date Commissioner Attachments: Appendices A, B and C. 13 of 17 APPENDIX A (of ADDENDUM 1) The text below, in its entirety, is in all contracts entered into by GLUT. All of the text except the final section, entitled 'Incorporation of Provisions," should be included in any contract entered into by any G)! OT contractor. During the peri`orrnance of this contract, the contractor, for itself, its assignees, and successors in inicrest (hereinafter referred to as the -Contractor'), agree as follows: I. Compliance With Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part ofthis contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and ]cases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In a€I solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed undera subcontract, "including procurement ofmaterials or leases o f eq u iput en t, each potential subcontractor or supplier shat€ be notif ted by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin_ 4. Information and Reports The Contractor shatI protide all information and reports required by the Regulations or directives issued pursuant thereto, and shall perm it access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Georgia Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Georgia Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this watract, the Georgia Department of Transportation shall impose such contract sanctions as it or the Federal Highway Adm inistration may determine to be appropriate, including, but not limited to: • Withholding of payments to the Contractor under the contract until the Contractor complies; andlor • Cancellation, termination, or suspension of the contract, in whole or in part. 5, incorporation of Provisions The Con tractor shatI include the provisions of paragraphs ( I ) through (5) in every subcontract, 14 of 17 ineluding procurement of materials and leases o€equipment, un fess exempt by the Regulations, or directives issued pursuant thereto. The Coil tractor shall take, such action with respect to any subcontractor or procurement. as the Georgia Department of Transportation or the Federal Highway Administration may direct as a rncans of enforcing such provisions including sanctions for noncompliance. Provided, howevcr, that in the event a Contractor becomes involved in, or is threatened with, litigation wilh a subcontractor or supplier as a result of such direction, the Contractor may req uest the Georgia Department of Transportation enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the Uniled States: to enter into such [itigat ion to protect the interests of the United States. 15 of 17 APPENDIX B (of ADDENDUM 1) The Fallowing clauses shall be ineluded in Jany and all deeds affecting or recording IIte transfer of real property, structures, or improvements thereon, or interest therein from the United States. Granting Clause NOW, T1 J EREFORE, the Georgia Department of Transportation (GDOT"s authorized by law, and upon the condition thatthe state of Georgia will accept title to the lands and maintain the project constructed thereon, in accordance with and in compliance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for HigItways; the policies and procedures prescribed by the Federal Highway Administralion of the Department of Transportation- and all requirements imposed by or pursuant to Tide 49, Code of f=ederal Regulations, Dc,partment of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat, 252:42 USC 2000d to 2060d-4)—does laereby remise, release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the GDOI' in and to said land described in Exhibit A attached hereto and made a par( thereof liabendarn Clause T014AV E AND TO HOLD said lands and interests therein unto the state of Georgia, and its successors forever, subject, however, to the covertants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of simi[arsmice s•or benefits and shall be binding an the state of Georgia, Its successors, and assigns. The state afGcorgia , in consideration of Ac conveyance of said lands and interests in lands, does hereby covenant and agree, as a covenant running with the land for itself, its successors and assigns, that (1) no person shall, on the grounds of race, color, sex, disability, national origin, age, or religion, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed`, (2) that the state of Georgia sbaII use the lands, and interests in lands so conveyed, in compliance with al requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the 5ecrctary, part 21, Nondiscrimination of Federally Assisted Programs of the Department of Transportation— Lffectuation ofTille V1 of the Civil Rights Act of 1964, and as said R*gulations may he amended, (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the agency shall have a riglyt to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in, and become the absolute property of, GDOT and its assigns as such interest existed prior to this instruction.' ' Reverter Clause and reWed language w he used only when n is determined 0iat such a clause is necessary in order to efrecturte the purpose of Title VI of Ci wit Bights Act of 1969. 16 of I7 APPENDIX C (of ADDENDUM 1) The following eta uses shall he inclu tied in all deeds, licenses, leases, permits, or similar instruments entered into by GDOT pursuant to the provisions of Assurance 7. The LES SEC, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as it part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constricted, maintained, or otherwise operatod on the said property described in this lease, for a purpose for which a GDOT program or activity is extended, or for another purpose involving the provision of similar services or benefits, the LESSEE. shal I maintain and Operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Off`ree of the Secretary, part 21, Nandi scdm inal ion in Federally Assisted Programs of the Department of Tran sportation—IEffeetuation of,Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the SPATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and, hold the same as if said lease had never been made or issued. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by CBOT pursuant to the proviisinns of Assurance 7. Tlrc LESSEE, for himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running with the land, that (1) no person, on the grounds of race, color, sex, or national origin, sliall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and fumishing of services thereon, no person on the grounds of race, color, sex, and national origin sha. II be excluded from participation in, denied the benefits of, or otherwise be subjected to discrim ination, (3 ) that the LESSEE shall use the premises in compliance with alt requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the sante as if said lease had never been made or issued. 17 of 17 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: February 29, 2012 Council Date: March 19, 2012 Regular Meeting Agenda Item: Request for the Abandonment of the Public Right-of-Ways within The Highlands at Echelon Subdivision Discussion: Project Location-------- Location Map The Highlands at Echelon subdivision is located off of the north end of Freemanville Road adjacent to the Cherokee County line. The subdivision was platted in two phases in November 2007 and consists of 65 lots on 100.53 acres. No structures have been built within the subdivision and all included lots are owned by the applicant, Harmony Reserve Investments, LLC. The current owner of the subdivision has requested to have the right-of-ways abandoned in order to market and develop the subdivision with private streets. Under the current privatization ordinance each application received to abandon or privatize any right-of-way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these conditions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Legal Review: N/A Financial: N/A Attachments: 1. Site Plan 2. Application City of Milton Public Works Department 13000 Deerfield Parkway Phone (678) 242-2500 Suite 107G Millon, Georgia 30404 A lication to Abandon a Public Ri ht-of-Wa This Application must be filed by a person having the authority to act on behalf of the community. Where a .House Owner Association (HOA) is required by Chapter 49 of the City of Milton Code of ordinances to file the application, it must be submitted by a member of the board authorized to act on behalf of the HOA. Where an HOA is not required by said ordinance to file, the application must be made by a person authorized to act on behalf of the petitioning organization. Section I: Contact Information Applicant Name: 'e 4 G (A%ane of HOA or Individ? 1171j Name:/y►�'.-��, C- a )11 6 6 cTror•� Position: UP Comer, 4-dLc7 j,6 A Phone Number: 77$ -SV "9'<P kI u Address: 5'OA Ae-;�z' lulya FA Y rz.J, x'r 7u1 Email: o rr e l/ ►O ,IIle 44 Y j 1 ar r Pj-.L s. Section 2: Right -of -Way Information. This application is submitted for (check one)_ ❑ Abandonment [Privatization Right -of -Way Nance or Subdivision Name: -7VY .47- ac11e4 i^) - Width of Existing Right -of -Way: Lineal Feet (measured along the centerline) to be Vacated: Section 3: Reason for Abandonment This r eq est for abandonment is being made based on a deternvnation of the following (check one): hat no substantial public purpose is served by the right-of-way; ❑ That the removal of the right-of-way from the municipal street system is in the best public interest. a. Please indicate the purpose for which the right-of-way is to be vacated 212 1-1.4 'tea 2J_ 5 ryz r✓IJ 0 ---- — b- How is the right-of-vray currently being used" V r. 1w) !Z- F City of Milton Public Works Department 13000 Deerfield Parkv,-ay Phone (678) 242-2500 Suite 107G Milton, Georo-ia 30004 c. How many adjacent property owners will be affected by this request' JI�C r�J, d. How does the property owner propose to nse the right-of-way if abandoned? e- Are there any public utilities or infrastructure currently located within the right-of-way? Check all that apply: �able..Television LT Electric L� Gas ❑ Sanitary Sewer Q,"Storm,,vat.er 02' Telephone GY/WAter ❑ Other, please describe: Section 4: Attachments and Exhibits ■ Plat of the existing subdivision- If the right-of-way is not located in a platted subdivision then a map or survey should be prodded with sufficient detail to demonstrate the location and nature of the right-of- way. ■ Where a subdiNision plat is not required, a list of all affected property owners shall be provided. Section 5: Signature of the _applicant The following signature signifies that all of the infonnation provided on this application is accurate and correct to the best of the applicant's knowledge: and that the applicant has thoroughly read and understands all of the application requirements. In addition, the applicant further certifies that they understand that it shall be the responsibility of the applicant to dernonstrate compliance with the above conditions. The applicant is required to submit all necessary supporting documentation to establish the factual basis on which this request is made. Any, and all, costs associated with providing this infonnation is the sole responsibility of the applicant. _X (5igrxwllvv� lPrinied ?�amej — City of Milton Public Works Department Phone (678) 242-2500 This completed application form should be sent to: City of Milton Department of Public Works 13004 Deerfield Parkway, Suite 107G Milton, GA 30004 Office Use Only Praject Number: Date Application Received: Z�_131�L Date Initial Council Consideration: •�t. Date Initial Public Hearing: Petition Verified (YIN ): Date Final Public Hearing: Date -Complete: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 NO _ �..0 cau rzy � wx I R I i A fia � � ,u:s-`"'tt-._'s•• ar..xa '� - - _ bH _ y N 11 �pR it c a y T§a l wA� a A1.4 - a S_ I+ � �. � .�' � 'teee s Y , �' �, i z � �+ � r . ■ 19 a ii.. ' it i i® '111: �i a €g �'t• a ; ;i n 1 l ZO cnr �� ■ i � � �' �� � iS .sem, 1 1' + r ^2^IA = yI CD NP City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on March 7, 2012 for March 19, 2012 City Council Meeting Agenda Item: Resolution to Adopt the Personnel Policy of the City of Milton CMO (City Manager’s Office) Recommendation: Adopt the attached resolution replacing the current Personnel Handbook with the revised edition also attached. Background: Over time, it is necessary to review and revise the City’s Human Resources policies in order to comply with changes in law, to aid management practices and to reflect changes that have occurred. A committee comprised of department heads and staff met over an extended period of time to review and revise the employee handbook to meet the changing needs of the City. Discussion: Many revisions to this document were minor. When possible the committee tried to keep policies as consistent as possible. Still, major changes were incorporated at the following places: 1. Expanded layoff procedures (Administration Chapter: page 31) 2. Added a workplace violence policy (Administration Chapter: page 38) 3. FMLA changes (Compensation and Benefits Chapter: page 14) 4. Added the City’s ethics policy (Employee Relations Chapter: page 1) 5. Expanded the list of unprofessional conducts (Employee Relations Chapter: page 7) 6. Drug Testing (Employee Relations Chapter: page 20) Concurrent Review: Chris Lagerbloom, City Manager Angela Davis, Attorney – Jarrard & Davis STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE ACCEPTING THE RESTATED GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk SEAL City of Milton georgia Personnel Policy Handbook Developed under the authority of the City Council by the City Manager’s Office and the Human Resources Department approved on 3/19/2012 City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Dear Employee, Welcome to the City of Milton. We are excited to have yo u as a part of our innovative and diverse team of employees. The City of Milton is a unique and ground breaking municipality, requiring input and contribution from every team member. This employee handbook contains key policies and expectations of the City of Milton as your employer. You will find the information both necessary and informative and are encouraged to use the handbook as the vital resource it is intended to be. The City of Milton is committed to outstanding service to our citizens and visitors. Providing an outstanding quality of life to our community is our top priority. As a part of our team, you will discover that your involvement will not only benefit the City, but be a rewarding experience to yo u on both a professional and personal level. We expect you to own the results of your innovation and productivity and be an active participant in the growth and development of your career and of the City of Milton’s future. Welcome aboard and I look forward to working with you. Sincerely, Mayor Joe Lockwood City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Employee Acknowledgment Form This Personnel Handbook describes the policies and procedures at the City of Milton, Georgia and I understand that I should consult Human Resources regarding any questions not answered in the Personnel Handbook. I acknowledge that I am an employee at-will and have entered into my employment with the City of Milton voluntarily and acknowledge that there is no specified length of employment. Any employment agreement that would alter my status as an employee at-will must be specified and executed in writing by the City Manager and myself, and approved by the City Council. No other agreements will be enforceable or change my status as an employee at-will. This Personnel Handbook replaces and supersedes any earlier personnel practice, policy, or guideline. However, since the policies and procedures described within this handbook are subject to change from time to time, I acknowledge that revisions may occur. I understand that such changes may supersede, modify, or revoke existing policies. The City Manager has the power to change the policy and may do so at any time without notice. Furthermore, I acknowledge that the Personnel Handbook is neither a contract of employment nor a legal document. I have received a copy of the City of Milton Personnel Handbook and I understand that it is my responsibility to read and comply with the policies contained in the manual and any revisions made to it. Employee Name: _______________________________________________________________ Employee Signature: _____________________________________ Date: _________________ City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Table of Contents Administration A.Personnel Administration Authority………………1 B.Attendance & Work Hours……………………….. 10 C.Employee Status Changes………………………..15 D.Hiring & Selection…………………………….. 20 E.Performance Management &Review………… 28 F.Termination of Employee Status…………….. 30 G.Use of City Property & Equipment……………33 H.Safety & Accident Reporting…………………38 Compensation & Benefits A.Compensation & Pay Plan………………….. 1 B.Employee Benefits –Leave Type………….....8 C.Group Benefit Plan…………………………….23 D.Worker’s Compensation ……………………..25 Employee Relations A.Standards of Conduct………………………..1 B.Discipline……………………………………….. 11 C.Grievances………………………………………. 14 D.Workplace Discrimination & Harassment……..... 17 E.Substance Abuse and Alcohol & Drug Testing…….. 20 CHAPTER I ADMINISTRATION ______________________________________________________________________________________ Administration Chapter Page 1 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 I.ADMINISTRATION A.PERSONNEL ADMINISTRATION Section 1:Authority (a)General With the exception of matters reserved by state law or the city charter to the City Council, the general and final authority for personnel administration rests with the City Manager. This Personnel Handbook provides statements of policy and establishes required procedure relating to personnel administration that are necessary to effectively and efficiently manage city operations. It is issued by the City Manager under the authority of the City Council. (b)Scope of Authority The City Manager possesses the authority to administer city operations. The City Manager’s authority includes, but is not limited to: 1.Discipline, discharge, or release of employees pursuant to the procedures described in this handbook; 2.Direct the work forces; 3.Hire, assign, or transfer employees; 4.Determine the mission of city departments; 5.Determine the methods, means, and allocation/assignment of personnel needed to carry out the City’s mission; 6.Introduce new or improved methods or facilities or change such methods or facilities; 7.Determine reasonable work schedules and establish the methods and processes by which such work is performed; 8.Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; 9.Determine position availability by: ______________________________________________________________________________________ Administration Chapter Page 2 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 a.Authorizing lateral assignments; b.Freezing, hiring, and promoting; c.Authorizing delay in position uses due to budget, facilities, or other business necessity; d.Authorizing temporary assignment into a vacancy. 10.Delete positions, reclassify positions, and/or reassign employees to different positions with different classifications and pay as required by business necessity. (c)Delegated Authority The City Manager may delegate authority to Department Heads in the following areas: 1.Discipline, discharge, or release of employees pursuant to the procedures described in this handbook; 2.Direct the work forces; 3.Hire, assign, or transfer employees; 4.Recommend the mission of specific departments; 5.Determine the methods, means, and allocation/assignment of personnel needed to carry out the department’s mission; 6.Introduce new or improved methods or facilities or change such methods or facilities; 7.Recommend work schedules and establish the methods and processes by which such work is performed; 8.Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; 9.Recommend positions, reclassify positions, and/or the reassignment of employees to different positions with different classifications and/or pay;and ______________________________________________________________________________________ Administration Chapter Page 3 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 10.Fiscal responsibility of the department. (d)Administration of Policy Proper policy administration includes selecting goals and encouraging the discharge of duties above the minimum standards. The provisions of this Handbook create high standards of conduct so that training and performance can be aimed at the highest levels and may in appropriate cases, be the basis for internal discipline. This handbook provides general information about city policies, procedures, expectations, and benefits. The information in this handbook, however, cannot anticipate every situation or answer every question regarding your employment. Therefore, the policies set forth in this Handbook may not cover all situations. The City Manager shall make interpretive decisions for those situations that are not specifically covered by this handbook and may, in the best interest of city operations, override any provision in this handbook. The intent of this personnel policy handbook is compliance with all applicable federal and state law. In the event of a change in law or a conflict in federal or state law with the contents of this handbook, the federal and/or state law shall supersede the policies contained within this handbook. Section 2:"At Will" Employment All employment relationships are at the will of the City of Milton and the employee. Employees may resign or quit at any time for any or no reason, with or without cause or notice. Similarly, the City of Milton may discharge an employee at any time for any reason, with or without cause or notice. This handbook is not intended to and does not create an employment contract between the City and its employees. Your employment is for no specified period of time, and this Handbook does not limit your right or the City’s right to terminate your employment at any time for any reason or no reason. Section 3:Departmental Operating Rules Departmental operating rules and regulations related to employment matters, not in conflict with this Handbook, may be used and/or established by the Department Head. All such departmental operating rules and regulations and subsequent amendments thereto adopted pursuant to this Section shall be submitted to the Director of Human Resources within ten (10) days of their adoption by the department for maintenance in the ______________________________________________________________________________________ Administration Chapter Page 4 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 human resources department. To the extent there are any questions as to the controlling rule, the rule requiring the most stringent level of employee performance shall govern. Section 4:Revisions to Handbook This Handbook may be amended in whole or in part from time to time at the sole discretion of the City in order to maintain legal compliance, operative effectiveness, and desired workplace conditions. Amendments will be available to all employees upon adoption. Section 5:Personnel Records A record of service will be managed by the director of human resources for every active employee. Service records for terminated employees shall be retained as required under all applicable record retention laws. An employee has the right to review and request copies of their personnel file. These requests will be facilitated by the Director of Human Resources. Open records requests and confidentiality of personnel records will be managed as defined in the City’s policies and the Georgia Open Records Act. It is the responsibility of the employee to notify the City of any personal data changes, such as name, address, phone number, emergency contact information, change in beneficiaries, etc. Name changes will require legal documents as back-up, i.e. marriage certificate, divorce decree, etc. Section 6:Personnel Handbook (a)Scope The provisions of this Handbook apply to all employees of the City of Milton,Georgia, both on and off duty, unless otherwise indicated, restricted by authority, or limited by law. (b)Not a Contract This handbook does not constitute a contract of employment or benefits. Nothing in this handbook should be construed as a guarantee of continued benefits from, or employment by, the City of Milton. All employees are subject to discharge with or without cause. (c)Changes The City Manager reserves the authority to recommend, modify, revoke, amend, suspend, interpret, terminate, or change any or all of the provisions ______________________________________________________________________________________ Administration Chapter Page 5 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 of this handbook. Except in the case of emergency, employees will be given appropriate notice of any change. (d)Titles/Headings The use of titles or headings in this Handbook shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. (e)Validity/Severability Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect the validity of the remaining contents. (f)Distribution Every city employee will have access to a copy of this handbook and copies of amendments and revisions as they are adopted. (g)Compliance All provisions of this Handbook are applicable to regular full-time, part- time, seasonal, and temporary employees,except where otherwise noted in the Handbook. (h)Official Copy An official copy of the City of Milton, Georgia Personnel Handbook containing the latest revisions is maintained by the Director of Human Resources and can be found in the offices of such department. Section 7:Definitions The following words and phrases shall have the following meanings. All other words not defined herein shall have the common and ordinary dictionary meanings, unless a different meaning is required by the context. (a)Days Unless otherwise provided, “days” refers to business days, rather than calendar days or shift days. ______________________________________________________________________________________ Administration Chapter Page 6 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (b)Demotion Demotion is defined as the change of an employee from a position in one grade to a position in another grade at a lower level. Demotions may be to one or more grade levels lower than the current employee status. (c)Department The recognized departments for the City of Milton: Mayor & Council City Manager’s Office City Clerk Community Development Communications Information Technology Public Works Recreation & Parks Municipal Court Finance Human Resources Police Department Fire Department (d)Department Director The highest administrative employee of a department, whether indicated as Director, Chief, or other job title or rank. (e)Employee Regular Full-time Employee: Any employee filling an approved, budgeted position with a regularly scheduled work week of more than 35 hours per week. Regular Part-time Employee: Any employee filling an approved, budgeted position with a regularly scheduled work week of thirty-five (35) hours or less per week. Fire Shift Employee: Those employees designated as fire protection personnel and assigned to a shift other than the regular work week. Police Shift Employee: Those employees designated as police protection personnel and assigned to a shift other than the regular work week. Temporary Employee: Any employee filling a position for a ______________________________________________________________________________________ Administration Chapter Page 7 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 specified length of time, for either long or short term work assignments. (f)Exempt Employee An employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay provisions but exempt from minimum wage and overtime pay provisions. Exempt employee’s compensation is based on an annual salary basis and there is no compensation for hours worked in excess of the defined work week. (g)Health Impairment A temporary or permanent mental or physical impairment including, but not limited to injury (on or off the job), illness, or other job-restricting impairment, which diminishes or precludes one’s capacity for, or renders one unfit for performance of the essential job functions of the position. (h)Non-Exempt Employee An employee defined according to the FLSA to be subject to equal pay, minimum wage, and overtime provisions. For regular employees, hours worked in excess of the 40-hour work week will be paid at a rate of 1½ times the employee’s regular rate of pay. For police shift employees, hours worked in excess of the 86-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. For fire shift employees, hours worked in excess of the 106-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. Non- exempt employees take vacation and sick leave hours in quarter hours increments. (i)On-the-job Injury An injury arising out of employment or sustained in the course of employment. (j)Overtime Rate The overtime rate of pay is one and on-half (1½) times the regular rate of pay for non-exempt employees. ______________________________________________________________________________________ Administration Chapter Page 8 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (k)Promotion A promotion is defined as the change of an employee from a position in one grade to a position in another grade of a higher level. (l)Reassignment Reassignment is defined as the movement of an employee within the classification plan not otherwise covered by demotion, promotion, or reclassification. The terms reassignment and transfer may be used interchangeably. (m)Reclassification A position whose classification is altered due to job duties and responsibilities. Reclassifications can be to a higher, lower, or same pay grade. (n)Relative For purposes of this handbook, relatives are defined as follows: Spouse Parent or Step-parent Parent-in-law Child or Step-child Sister or Step-sister Brother or Step-brother Sister-in-law Brother-in-law Grandparent and Grandparent-in-law Grandchildren Aunt or Uncle Niece or Nephew First Cousin (o)Supervisor The term supervisor shall apply to any employee formally assigned to supervisory responsibilities for personnel and operations of a work unit within a larger department of City government. Department Directors and ______________________________________________________________________________________ Administration Chapter Page 9 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 the City Manager should be understood to be supervisors of individuals who report directly to them. (p)Unauthorized Absence Failing to report for duty or failure to remain at work as scheduled without proper notification, authorization, or excuse. __________________________________________________________________________________________ Administration Chapter Page 10 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 B.ATTENDANCE & WORK HOURS Section 1:Policy Statement In order to maintain a high level of responsiveness to the City of Milton citizenry, it is important that employees follow established work hours, avoid tardiness and unauthorized absences, and follow reporting requirements. Section 2:General Provisions (a)General Business Hours All offices of the City will be kept open continuously from 8:30 a.m. to 5:00 p.m. Monday through Friday. Unless otherwise approved by the City Manager, the regular work week is from 8 a.m. to 5 p.m. Each department may schedule alternate work schedules to meet their needs and the needs of citizens with approval of the City Manager. (b)Hours Worked Except as otherwise noted below, authorized paid leave is considered hours worked. 1.Vacation and sick leave hours are not considered hours worked for the purpose of determining overtime eligibility. 2.Vacation and sick leave hours are not considered hours worked for the purpose of determining eligibility for Family Medical Leave (FML). (c)Attendance Requirements Maintaining good attendance is a condition of employment and an essential job function of every employee. An employee will refrain from unauthorized absences or tardiness; abusing sick leave; absences or tardiness that causes significant disruption of service, and excessive amount of time off the job, regardless of reason. An employee absent from the job without proper authorization for three consecutive workdays may be considered to have resigned their position, unless exigent circumstances are demonstrated upon review on a case-by-case basis. __________________________________________________________________________________________ Administration Chapter Page 11 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Additional Work All employees are required to work in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to perform the duties. Excess hours may be required or granted for a specific period of time or on a regular basis as operating circumstances warrant. Additional work by non-exempt employees must be approved in advance by the employee’s supervisor. This includes, but is not limited to, work before or after regular work hours or work taken home. (e)Time Increments Hourly computations for the purpose of compensation and the use of vacation and sick leave will be computed in quarter hour increments for non-exempt employees. (f)Meal Breaks Meal time should be at least thirty (30) minutes in length. Other rest periods of short duration during the day should not be disruptive to operations and should not exceed a total of fifteen (15) minutes in length and be approved by the employee’s supervisor. In compliance with the Fair Labor Standards Act, meal time during a shift or tour of duty is not considered compensable time, unless the employee is required to respond to calls during the meal time. Section 3:Alternative Work Schedules (a)General Provisions Subject to operational requirements, regular full-time employees may be permitted to work an alternative work schedule that allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. (b)Approval Process Any change in an employee’s work schedule must be agreed to in writing by the department director and the employee prior to implementation. In addition, the City Manager and the Director of Human Resources must __________________________________________________________________________________________ Administration Chapter Page 12 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 approve any change in an employee’s work schedule to ensure there is no conflict with statutory/regulatory requirements or city policy. (c)Restrictions The City may cancel or suspend an employee’s alternative work schedule privileges at any time, for any or no reason. Daily and weekly work schedules can be modified at the City’s discretion to meet changing operational needs. Approval of an alternate work schedule does not restrict employees from working more than their scheduled work hours. Employees can be required to depart from their alternate work schedule as necessary, to work additional hours, to attend training, or for other business purposes as determined by the City. No alternate schedule will be approved that has the potential to unduly increase the City’s overtime pay liability or that results in an inconvenience to, or disruption of, the City’s business. (d)Telecommuting Telecommuting is defined as working one or more days each workweek from home or an alternate work area instead of commuting to the city worksite where the employee would be required to work if they did not telecommute. The City recognizes telecommuting as a valuable alternative work arrangement, where appropriate, for eligible employees. The fundamental assumptions behind utilizing telecommuting are: Productivity –it is expected to continue at a satisfactory and acceptable level during telecommuting periods. Organizational benefit –telecommuting will be done to benefit the organization and the services provided. Management discretion –The City Manager will have the final authority in the applicability of telecommuting for each situation and shall have the right to terminate the telecommuting program or a telecommuting agreement at any time. Telecommuting is not appropriate for all employees. No employee is entitled to, or guaranteed the opportunity to, telecommute. Offering the opportunity to work at home is a management option, based on the recommendation of the employee’s department head. An employee’s participation is strictly voluntary. All telecommuting agreements must meet the criteria in this policy and may be terminated at any time by either __________________________________________________________________________________________ Administration Chapter Page 13 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 the employee or the supervisor. The City Manager, or designee, will be the final approving authority for any telecommuting arrangements made for city employees. Not all city jobs lend themselves to telecommuting. Employees may be considered on an individual basis for their telecommuting eligibility. A primary consideration for administering telecommuting in the city is that it does not interfere with services provided to the public during business hours. An employee’s work must be of a nature that face-to-face interaction with other employees, external customers, or project workgroups is minimal and the employee’s tasks can be performed successfully away from the office. Telecommuting agreements are entered into for the good of the City and the services provided. City employees shall devote full time and attention to City business during telecommuting/business hours. Employees will not engage in outside employment during this time. Telecommuting is not a program designed to assist with dependent care. Primary care for dependents (child care/elder care) during agreed-upon work hours shall be provided by someone other than the telecommuting employee. All telecommuting employees are required to maintain in-office periods, to attend staff meetings and interact as necessary with other staff, both within and outside of the department. Telecommuting employees shall not hold business meetings with internal or external clients, customers, or colleagues at their residence. Telecommuters shall be available to be called into the city work location at any time, without prior notice, for any reason, unless a medical condition would prohibit compliance at that time. The amount of time an employee is expected to work per day or per pay period will not change due to participation in the telecommuting program. Employee salary, benefits, and insurance coverage will not change due to telecommuting participation. If a reduced workweek is agreed upon, this is a separate issue from telecommuting and will be treated just as a reduced workweek arrangement would be at the normal work location. The employee must submit a sick or vacation leave request to cover any hours not worked due to (personal or family) illness, doctor appointments, or funeral attendance during the telecommuting period. Supervisory approval for leave and overtime requests shall be required in advance, just as in the normal work environment. Overtime must be pre-approved by the supervisor. Office supplies will be provided by the City and should be obtained during the telecommuter’s in-office work periods. Out-of-pocket expenses for __________________________________________________________________________________________ Administration Chapter Page 14 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 supplies normally available in the office will not be reimbursed. All supplies must be returned to the City as soon as the telecommuting arrangement is no longer valid or if the equipment will no longer be needed by the employee to do their work. The City will not provide office furniture. It is important that consistent communications be maintained by telecommuting employees. Telecommuters shall be available at their remote locations by telephone and/or e-mail to management and other City staff during agreed-upon work hours. The City will not provide cell phones to telecommuters unless they are otherwise provided in the normal scope of business. Telecommuters shall notify the office if they leave their telecommuting location, just as they would inform the receptionist or someone else when leaving the traditional office during the workday. Reimbursement for cellular phone calls from the remote work location requires department head approval. __________________________________________________________________________________________ Administration Chapter Page 15 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 C.EMPLOYEE STATUS CHANGES Section 1:Policy Statement Employees may undergo any number of changes in status and/or compensation. The purpose of this chapter is to identify and describe the more common of these changes. Section 2:General Provisions (a)Requirement All promotions, demotions, reassignments, or transfers are contingent on position availability, the employee meeting the minimum qualifications, and the availability of funds in the discretion of the City Manager and City Council. (b)Probation Period Requirements 1.Original Probation Period Newly hired employees are subject to a twelve (12) month probationary period in the position to which they are hired (the “Original Probation Period”). 2.Position Probation Period Employees who are promoted, demoted,are subject to a six (6) month probationary period in the new position (the “Position Probation Period”). If the probationary period is to be extended, the employee will be notified in writing at least two weeks prior to the expiration of the Original Probation Period. 3.Extension of Probation The probationary period may be extended one time for a period not to exceed three months by the Department Head with notice to the Director of Human Resources. __________________________________________________________________________________________ Administration Chapter Page 16 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (c)Probation Period Restrictions Except as the result of disciplinary action or business necessity, no status change described in this Handbook may occur while an employee is in a probationary period. (d)Compensation Status changes described in this Handbook may affect compensation, based on position classification and availability of funds. (e)Effective Dates Except for temporary reassignments in emergency situations, status changes described in this Handbook can only be effective at the beginning of a pay period. Section 3:Promotions and Demotions (a)Eligibility for Promotion Employees may be eligible to promote to higher classified positions based on qualifying skills and demonstrated performance. (b)Reasons for Demotion Employees may be demoted as the result of failure to meet minimum performance standards established for their position, disciplinary action, job elimination due to business necessity, or accommodation. Section 4:Reassignment (a)Management Reassignment An employee may be reassigned to a position in the same rank or classification with different duties and responsibilities. This action may be taken at the discretion of department head. (b)Temporary Reassignment to Higher Classification Employees may be temporarily assigned to an acting status in a higher position having different duties and responsibilities when: __________________________________________________________________________________________ Administration Chapter Page 17 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 1.An existing position is vacant or the incumbent is or will be absent from work for at least thirty (30) days. 2.Operational effectiveness precludes dispersing the duties of the position among other equally classified employees. 3.The employee meets the minimum qualifications of and is capable of performing the assigned duties of the higher level position, and 4.The City Manager or their designee approves the temporary acting status in writing prior to the reassignment. 5.A PAF (Personnel Action Form) must be generated to reflect all changes. (c)Employee-Sought Reassignment Employees may voluntarily seek transfers to equally or lower classified available positions for which they are qualified. Such transfers may not be granted if the City Manager determines that it is not in the best interest of City operations. Section 5:Management Reclassification (a)General Overview Reclassification of a position may occur at the request of a department director and upon approval of the City Manager when the job duties actually performed and the minimum qualifications of the position have significantly changed since the job description was written. Reclassification may result in a position being placed in a higher, lower, or same classification. Employees whose positions are reclassified will be given advanced written notice of the reclassification by the department director. (b)Approval All requests for reclassifications should be submitted to the Director of Human Resources, who will review and make a recommendation to the City Manager or designee for approval. __________________________________________________________________________________________ Administration Chapter Page 18 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Section 6:Nepotism & Conflicts of Interest (a)General Overview When relatives, as defined earlier in the definition section,work within the same department, potential conflicts of interest can arise. In order to prevent these conflicts, the city prohibits two (2) or more relatives to be employed within the same department. (b)Options 1.Voluntary movement of either or both employees based on availability of positions in other departments and qualifying skills of the employee(s). 2.Involuntary reassignment to an available position of equivalent status/grade. 3.Resignation or dismissal from City service. (c)Non-Fraternization Romantic or sexual relationships between a manager/supervisor and a direct report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the City prohibits such relationships or any conduct that is intended or may reasonably be expected to lead to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in a direct reporting relationship. This policy applies regardless of whether or not both parties freely consent to such relationships. Should a manager desire to date or become involved with a direct report employee, the manager should first resign from their position with the City. Should two employees within the same department but not in a direct reporting relationship desire to become involved in a romantic relationship, they should disclose the relationship to the Department Director who shall then make a decision regarding the effect of the relationship on work product and work flow within the department. If in the judgment of the department director, the relationship between two employees within the department creates a negative effect on departmental __________________________________________________________________________________________ Administration Chapter Page 19 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 operations, then one of the two will be asked to transfer or resign their position with the City. By its prohibition of romantic and sexual relationships, the City does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment. __________________________________________________________________________________________ Administration Chapter Page 20 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 D.HIRING AND SELECTION Section 1:Policy Statement The City is committed to employ, in its best judgment, the most highly qualified candidates for approved positions in compliance with all applicable employment laws. It is the policy of the City to provide equal employment opportunity for all employment to all applicants and employees. Human Resources authorization is required to initiate any action for an open position including any recruitment efforts, advertising, or interviewing, and approval is required to extend any offers of employment to any perspective candidate. Section 2:General Provisions (a)Equal Employment Opportunity The City of Milton provides equal opportunity to all employees and applicants without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, or status as covered veterans in accordance with applicable federal, state and local laws. This policy applies to all terms and conditions of employment including, but not limited to hiring, placement, promotion, termination, reduction in force, recall, transfers, leaves of absence, compensation and training. (b)The Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits, under certain circumstances, discrimination based on disability in the areas of employment, public services, and public accommodations. ADA requires employers to reasonably accommodate qualified individuals with disabilities. It is City of Milton’s policy not to discriminate against individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. The City of Milton will provide reasonable accommodations to both employees and members of the public, if so requested. (c)Selection Criteria Selection for employment with the City of Milton is based solely on job- related qualifications and is contingent on satisfactory results of such __________________________________________________________________________________________ Administration Chapter Page 21 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 exams or tests as either required by law or administered due to job-related duties. (d)Minimum Age Eighteen is the minimum age of employment for the City with the following exceptions: 1.The minimum age for certified police uniformed services is age 21. 2.Selected temporary positions where persons are at least age 16 and are allowed by law to work in jobs that are non-hazardous. Section 3:Application Process (a)Recruitment Requests Upon a vacancy, the department director should notify the Director of Human Resources. An advertisement will be published for every vacancy stating the position, the minimum training requirements, the salary range, how to apply, and the closing deadline for application submission. This notice will be published for a minimum of fourteen (14) calendar days. At the recommendation of the department head and approval of the Director of Human Resources, an attempt at internal recruiting may be the initial course of action, in which case the advertising period may be altered. (b)Forms and Submission All candidates for a position, whether or not currently employed by the city, must complete a new employment application, resume or letter of interest and file it with the city’s director of human resources for each vacancy of interest. Additional information outside the initial employment application may be required from candidates. (c)Examinations As determined by the department director and under the review and management of the Director of Human Resources, the selection process may include, but not necessarily be limited to, one or more of the following: Oral interviews, evaluation of experience and training, written basic skills test, physical ability skills test, driver history, criminal history, truth verification testing, psychological testing, and reference and background checks. __________________________________________________________________________________________ Administration Chapter Page 22 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Falsified or Omitted Material Omission or falsification of any material fact on an application or resume or any other official agency documentation disqualifies an applicant for consideration of employment, transfer or promotion. Disciplinary action may be taken against a current employee for an omission or falsification, up to and including termination regardless of when the omission or falsification is discovered. Section 4:Selection (a)Job-Related Criteria Selection for employment with the City of Milton is based on job-related criteria that may include, but is not limited to: 1.Possession of the necessary knowledge, skills, abilities, training, education, licenses, certifications and experience required for the position. 2.Satisfactory results on performance tests and/or physical or psychological examinations, or drug and alcohol tests. 3.Satisfactory results on criminal history, driving record, employment and education reference checks. (b)Nepotism All provisions of the nepotism policy in this Handbook will be adhered to during the selection process. For further information, please refer to the nepotism policy. (c)Position Control It is the responsibility of the Director of Human Resources to maintain a citywide position control in order to track authorized positions and the status thereof. The position control shall be the document of authority for determining the availability of positions for recruitment. __________________________________________________________________________________________ Administration Chapter Page 23 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Section 5:Eligibility Registers To the extent that the examination process adopted by the Director of Human Resources, for a particular position provides for the creation of a listing of participants who met certain minimum standards for performance so as to be eligible for employment, this listing shall be known as an Eligibility Register. Any examination process that results in the creation of an Eligibility Register shall specifically state in writing the method by which offers for employment will be extended to individuals appearing on the Eligibility Register and shall so notify all participants in the examination process. In any event, and under any examination process resulting in the creation of an Eligibility Register, an individual's existence on an Eligibility Register does not constitute an offer for employment or any guarantee of future employment. Therefore, an individual shall have no expectation of employment based upon appearance on an Eligibility Register. To the extent that the examination process adopted for a particular position utilizes an Eligibility Register and specifically provides for future hiring based upon the Eligibility Register, any individual who is extended an offer of employment based upon appearance on that Eligibility Register more than sixty (60) days after the completion of the examination, shall be subject to submitting updated information, including re-submitting to the applicable background checks, drug tests, and medical exams. The subsequent submittal of updated information may result in an applicant being denied employment. Section 6:Re-Employment To be considered for re-employment, former employees must have demonstrated acceptable prior service with the City and must meet the current minimum qualifications for the position for which they are applying. Re-hired employees are subject to the conditions of employment and benefits of a newly hired employee, except in the case of vacation leave where previous years of service for the city are credited as specified below in this Handbook. Section 7:Probationary Period (a)Application It is the purpose of the probationary period to provide a time by which both employee and employer can decide whether to continue employment. Probationary employees and supervisors should utilize the time to examine all aspects of the job and related performance. 1.Original Probation Period Newly hired employees are subject to a twelve (12) month probationary period in the position to which they are hired (the __________________________________________________________________________________________ Administration Chapter Page 24 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 “Original Probation Period”). 2.Position Probation Period Employees who are promoted, demoted, reassigned or transferred are subject to a six (6) month probationary period in the new position (the “Position Probation Period”). If the probationary period is to be extended, the employee will be notified in writing at least two weeks prior to the expiration of the Original Probation Period. (b)Extension The probationary period may be extended one time for a period not to exceed three months by the Department Head with notice to the Director of Human Resources. The employee must be notified in writing of their probationary status being extended at least two weeks prior to the expiration of the probation period. (c)No Status Change Employees in a probationary status are not eligible for reassignment, promotions or voluntary transfer, unless specifically approved by the City Manager. (d)Appeal Rights Employees in a probationary status do not have grievance or appeal rights to disciplinary action. (e)Dismissal Dismissal of an employee during the probationary period should be coordinated with the Director of Human Resources and subject to review by the City Attorney. Newly hired employees terminated while on probation will not be compensated for any accrued vacation leave. Section 8:Contract Employment (a)General Overview Personnel from temporary employment agencies or contract employees outside an agency may be utilized from time to time by the City to facilitate business needs. The temporary agency is responsible for hiring, __________________________________________________________________________________________ Administration Chapter Page 25 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 training, assigning, disciplining, and terminating its contract personnel. For performance purposes, contract personnel assigned a City project will be supervised by the department director or designee. Contract employees are not eligible to receive City benefits. Contract employees outside an agency must supply their own equipment, manage their own schedule and are responsible for their own payroll tax payment and filing. (b)Requests for Contract Employment Requests for contract personnel must be placed through the Human Resources Department and will be reviewed by both human resources and finance, and subject to availability of funds.Temporary assignment must be approved by the Finance Director, Director of Human Resources and City Manager prior to the engagement of the contract service.The Director of Human Resources will keep a list of approved temporary agencies and will coordinate the assignment once approval has been issued. Section 9:Other Employment (a)General Overview The City recognizes that employees may seek additional employment during their off hours to earn additional income or develop new skills and experience. Despite any other outside employment, their City job is the primary employment responsibility for full-time employees. Working extended hours while at a secondary job may adversely affect the health, endurance, and productivity of employees. The City does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or refusal to work overtime or travel when required by the City. Outside employment also presents the opportunity for conflicts of interest. (b)Outside Employment Outside employment is subject to written approval by the department director or designee. A City employee may engage in any business, trade, occupation, or profession that does not: 1.Bring the City into disrepute; 2.Reflect discredit upon the employee as an employee of the City; 3.Interfere with the performance of the employee’s City duties; __________________________________________________________________________________________ Administration Chapter Page 26 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 4.Present a conflict of interest; 5.Result in misuse of City property or funds; 6.Result in use of the City position for unethical/or illegal personal gain; 7.Violate department policy or procedure; or 8.Decrease the health or endurance of employees or adversely affect their productivity. (c)Dual City Employment & Volunteer Time Employees may not hold more than one compensated position with the City. (d)Prohibitions 1.Department directors are prohibited in engaging in any form of outside employment without the specific approval by the City Manager. 2.No employee shall engage in any employment or business where the work presents a conflict of interest. 3.No employee shall engage in any employment or business where the work of the secondary employer has been in the last twelve (12) months or is currently the subject of an investigation by the employee’s City department. 4.With the exception of vacation leave, if you are on leave of any other type, you are not able to work an off duty job. 5.No employees shall engage in any private business or activity while on duty. (e)Approval 1.An employee must obtain permission in writing from the department director or their designee before accepting any other employment or engaging in any other business. The prescribed form should be used for permission as it gathers the pertinent information for review of the request. __________________________________________________________________________________________ Administration Chapter Page 27 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 2.An employee must obtain permission in writing from the department director and the Director of Human Resources before accepting an assignment as a volunteer for the City. 3.Permission granted is subject to revocation in the event of a subsequent unknown or occurring conflict with this policy. __________________________________________________________________________________________ Administration Chapter Page 28 Performance Management and Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 E.PERFORMANCE MANAGEMENT AND REVIEW Section 1:Policy Statement The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal performance review is intended to ensure that all employees: 1.Are aware of what duties and responsibilities are expected; 2.Understand the level of performance expected; 3.Receive timely feedback about their performance; 4.Have opportunities for education, training, and development; 5.Are evaluated in a fair and consistent manner; 6.Have performance goals established. Section 2:General Provisions (a)Timing The performance of employees will be reviewed and documented: 1.Prior to completion of any probationary period. 2.At least annually for all full-time employees. 3.In a timely manner that will coordinate with the fiscal year if evaluations are tied to pay. (b)Performance Discussion Interim reviews by the supervisor of an informal nature throughout the year are encouraged. The purpose is to foster communication, assure common understanding of purpose and expectations, and to assist in detecting problems as they develop. __________________________________________________________________________________________ Administration Chapter Page 29 Performance Management and Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Section 3:Review Process (a)Review Discussion Content Together the supervisor and employee will discuss the employee’s performance during the review period and plan for the next review period. The contents of the review should: 1.Identify the principal duties of the job and measured results of those duties during the review period; 2.Review the expectations of the level of performance and the measured results of meeting those expectations during the review period; 3.Define the results that recognize significant work or projects during the review period; 4.Identify and address areas of employee development needs; 5.Develop an action plan for training to improve or add skills; 6.Set goals and objectives for the upcoming fiscal year; and 7.Offer advice on career advancement, specialization and training. (b)Documentation The supervisor will document the employee’s evaluation and any agreed upon plans on the prescribed forms. Subsequent to the review with the employees, both the evaluator and employee should sign the form. (c)Appeal of Performance Review If an employee disagrees with the supervisor’s assessment of their performance, the employee may write a letter of explanation stating their concerns with the evaluation. Any submittals from an employee on their performance evaluation, will be included in their file. __________________________________________________________________________________________ Administration Chapter Page 30 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 F.TERMINATION OF EMPLOYEE STATUS Section 1:Policy Statement Employees leave the City of Milton workforce under various conditions that include retirement, voluntary separation, dismissal, or reductions in force. Regardless of reason, the end of employment shall be conducted in a discreet, respectful, and efficient manner. Procedures may exist affecting the employee’s terminal pay and disciplinary action appeals. Employees should make themselves aware of these procedures. Section 2:Resignation or Retirement (a)Resignation An employee is encouraged to submit a resignation to his/her department director at least two (2) weeks prior to the effective date of the resignation.The resignation notice should indicate the last working day or shift with the City of Milton.An employee may be permitted or requested to leave immediately.Employees will not be allowed to use vacation during the notice period unless it was scheduled prior to giving notice. If the employee is requested by the City to not work through the notice period, the employee will be paid through the effective date of their resignation. (b)Retirement An employee must give written notice of intent to retire to his/her department director as soon as possible, but no less than thirty (30) calendar days prior to the intended retirement date. This notice is required in order to facilitate timely processing of retirement benefits. The retirement notice should indicate the last working day or shift with the City of Milton. In the case of disability, application of disability retirement satisfies the notice requirement. (c)Process of Exit After receiving written notice of voluntary resignation or retirement, the department director shall notify the Director of Human Resources. Employees who leave the City’s workforce will be paid for a maximum of 240 accrued vacation leave hours, provided they have completed their initial probationary period. All city property assigned to the employee is considered an advance of wages and must be returned in proper working __________________________________________________________________________________________ Administration Chapter Page 31 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 condition before receiving the final pay check. Unreturned items will be deducted from the final payout to the extent allowed by law. (d)Pending Disciplinary Action An employee whose resignation or retirement notice is tendered and accepted after the initiation of a disciplinary action forfeits their right to appeal the disciplinary action. (e)Involuntary Termination Employees who are involuntarily terminated from the City will receive a written statement citing the reasons for the dismissal, the date of the dismissal, and appropriate notification for benefits. Section 3:Lay-Off (a)Statement of Policy Lay-off is defined as a reduction in force that may result in the separation of employee(s) due to abolishment of a position, a shortage of funds or work, a need to increase efficiency, or a material change in the duties or organizational unit of the Department. No lay-offs shall be made for the purpose of dismissing an employee for incompetence, misconduct, or for other reasons, except as included in this Section. The lay-off does not reflect discredit upon the service of the employee. (b)Procedures A lay-off can be recommended by the City Council, the City Manager, and/or the Director of Human Resources. Any lay-off must be approved by the Director of Human Resources prior to becoming effective. Prior to the lay-off, the affected Elected Official/Department Head shall make recommendations to the Director of Human Resources who shall consider work records, employee evaluation ratings, and length of service in determining which employees shall be laid-off. If it is found that two or more persons in the Department in which the lay-off is to be made have equal ratings as determined by review of employee records and evaluation ratings, the order of lay-off shall be based upon seniority. No full-time employee shall be laid-off while another person is employed on a temporary or part-time basis in a position within the same job description if the employee is willing to accept the temporary or part-time work. In __________________________________________________________________________________________ Administration Chapter Page 32 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 evaluating employees for purposes of a lay-off, care should be taken to accurately evaluate all employees. An employee shall not be laid-off based on race, color, creed, religion, sex, national origin, age, political affiliation, disability, or any other category protected by federal and/or State law. (c)Lateral Transfers or Demotions to Preserve Employment Prior to lay-off and in an effort to avoid separation of employment, the Director of Human Resources may direct Lateral Transfers or Demotions as necessary to place employees into positions for which they are qualified rather than lay them off. Lateral Transfers or Demotions in accordance with this Section will be effective unless the employee elects in writing to be laid off. Written notice of said election from the employee must be received by the Director of Human Resources within three (3) working days after the employee has received notice of the Lateral Transfer or Demotion. (d)Lay-Off Register The Director of Human Resources shall prepare a register of employees who have been laid-off to be utilized as provided in this Section. The order of names appearing on this register will be based upon the order of the lay-off and when there is a tie, then seniority will be the determining factor. The names of the employees shall remain on the lay-off register for a period of one (1) year, unless the life of the register is extended an additional year by the Director of Human Resources in his/her sole discretion. During the life of the lay-off register, an employee may submit a written request to have his/her name removed from the list. Employees whose names appear on the lay-off register shall be given primary consideration when conditions warrant rehiring. “Primary consideration” shall mean that the employee does not have to go through the recruiting process, but that the City will notify the employees who appear on the lay- off register when there is an opportunity to fill a position that the laid-off employee previously held or a comparable position, either full-time or part-time; provided the employee meets the minimum qualifications for the position. In any event, employees whose names appear on the lay-off register are welcome to apply for other positions with the City at any time. If an employee is hired for another position in the City during the life of the lay-off register, the employee’s name shall be removed from the lay- off register and no other special consideration shall be given to the employee. __________________________________________________________________________________________ Administration Chapter Page 33 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 G.USE OF CITY PROPERTY & EQUIPMENT Section 1:Policy Statement The City of Milton is committed to providing a safe workplace and has a substantial investment in the property and equipment used to provide employees the tools for the effective and efficient accomplishment of city business. The appropriate use of facilities, vehicles,equipment, and other items of city property is expected from employees. Additionally, this policy governs the use of the City’s computer and electronic communications system, which includes telephone, voice mail, fax machines, Internet, electronic mail (e-mail) wireless internet connections and other computer usage. Section 2:General Provisions (a)Use of Equipment All facilities, vehicles, furniture, supplies, and equipment provided and/or used in the course of employment, including without limitation, the telephone, computer, and electronic communications system, is the property of the City of Milton government and may only be used for approved purposes (collectively the “Property”). (b)Privacy No employee shall have an expectation of privacy in any Property. This includes the use of the computer and electronic communication system, including, but not limited to, the e-mail and voice mail messages they create, store, send and receive, and the Internet sites they visit. (c)Inspection of Property Employees may be assigned and/or authorized the use of City-owned vehicles, lockers, desks, cabinets, computers, etc. for the convenience of the City and its employees. Management reserves the right to search city property assigned to employees and documents in employee desks, lockers, file cabinets, etc. The City has the right to monitor any and all aspects of its computer and electronic communication system, including, but not limited to, monitoring sites visited by users on the Internet, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users. Such monitoring may be conducted without prior notice. Use of the City’s property automatically constitutes consent to such monitoring. __________________________________________________________________________________________ Administration Chapter Page 34 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Proper Authorization An employee shall not, regardless of value, take City Property without authorization. The use of City Property for personal gain or for other than official duty-related use is forbidden. (e)Discipline Repayment for loss or damage may be required under this Chapter in addition to, or in lieu of, disciplinary action. Required repayment under this Chapter will be made by payroll deduction from the employee’s pay as necessary to recoup the amount to be recovered. Section 3:Vehicle Use & Operation (a)Business Use Except as specified in this Handbook, City vehicles are furnished for official City business and may not be used for personal reasons without express written consent by the applicable Department Director. Employees with take home privileges may make short stops that do not deviate from their normal route during their commute. (b)Vehicle Assignment Employees assigned a city vehicle may be authorized to use the vehicle for transportation to and from work. This “take home” provision, if granted, shall only apply to employees living within a 25 mile radius of the city limit. If take home status is granted, no personal use of the vehicle is permitted after the commute is complete. No passengers may be transported in take home vehicles unless they are connected to city business or unless authorized by City Manager or in the case of an emergency as approved by the department head. Employees who are assigned a city vehicle are responsible for ensuring the preventative maintenance and repair schedule is met on the vehicle. Failure to ensure proper repair and maintenance may result in the revocation of the assignment. All vehicle assignments are subject to recall at any time. Section 4:Electronic Communication Systems (a)General Provisions “Electronic Communication Systems” is defined as Internet, electronic mail, telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz __________________________________________________________________________________________ Administration Chapter Page 35 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 radios, computer and computer networks, directories, and files. Employees will not have privacy rights with respect to any activity using these Electronic Communication Systems. All data, including e-mail messages composed, sent and received are the property of the City of Milton. (b)Professionalism At all times, users have the responsibility to use Electronic Communication Systems in a professional, ethical, and lawful manner. Users should use the same care in drafting e-mail and other electronic documents as they would for any other written communications. Users should always strive to use good grammar and correct punctuation. Anything created or stored on the Electronic Communication Systems may be reviewed by others and the quality of communications is a direct reflection upon the City. (c)Appropriate Use Personal use of the Electronic Communication Systems is a privilege that may be revoked at any time. Occasional, limited, and appropriate personal use of the Electronic Communication Systems is permitted if the use does not: 1.Interfere with the user’s work performance; 2.Interfere with any other user’s work performance; 3.Compromise the integrity of the Electronic Communication Systems; or 4.Violate any other provision of this policy or any other policy, guideline, or standard of the City of Milton (d)Inappropriate Use Under no circumstances should the Electronic Communication Systems be used for sending, transmitting, intentionally receiving, copying, or storing any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene, intimidating, defamatory, or in the City’s sole opinion otherwise unlawful or inappropriate. Users encountering or receiving this kind of material should immediately report the incident to their supervisor and IT Manager. Exceptions are limited to police investigations into criminal activities, which may require the use of __________________________________________________________________________________________ Administration Chapter Page 36 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 the Internet for information and intelligence gathering. This is permissible with the prior approval of the Police Chief. Other prohibited uses of the Electronic Communication Systems, include, but are not limited to: 1.Sending chain letters; 2.Sending copies of documents, messages, software, or other materials in violation of copyright laws; 3.Compromising the integrity of the City and its business in any way; and 4.The advertisement of personal business or conducting personal business activities. (e)Misuse of Software Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to the IT Manager. Files obtained from sources outside the City include files downloaded from the Internet, files attached to e-mail, and files provided by citizens or vendors. These files may contain dangerous computer viruses that can damage the City’s computer network. Users should never download files from the internet, accept e-mail attachments from outsiders, or use disks from non-City sources without first scanning the material with City- approved virus checking software. If a user suspects that a virus has been introduced into the City’s network, they should notify the IT Manager immediately. Without prior written authorization from the IT Manager, users may not do any of the following: 1.Copy software for use on their home computers or to other computers; 2.Provide copies of software to any independent contractors of the City or to any third person; 3.Install software on any of the City’s workstations or servers; 4.Download any software from the Internet or other online service to any of the City’s workstations or servers 5.Modify, revise, transform, recast, or adapt any software; and 6.Reverse-engineer, dissemble, or decompile any software __________________________________________________________________________________________ Administration Chapter Page 37 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (f)Passwords. Authorized users will be given a login name that allows access to the network. The user will have a personalized password, which should be obscure in nature and not divulged to others. Any user with knowledge of any password not their own shall report it to their supervisor immediately. No employee shall attempt any unauthorized access to the system. __________________________________________________________________________________________ Administration Chapter Page 38 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 H.SAFETY & ACCIDENT REPORTING Section 1:Policy Statement The City of Milton is committed to providing a safe workplace. In accordance with this, employees are expected to take an active role in promoting workplace safety by reporting unsafe working conditions and by noting where fire extinguishers, first-aid kits, and emergency exits are located. Additionally, employees are required to participate in identifying and correcting where possible, the underlying causes of accidents and unsafe conditions. Section 2:General Provisions (a)Employee Responsibility Employees are responsible for exercising care and good judgment in preventing accidents and for observing safety rules and procedures when performing their duties. Employees are required to: 1.Report all accidents to their supervisor immediately; 2.Report any unsafe work conditions, equipment, or practices to their supervisor as soon as possible; 3.Attend scheduled safety meetings and activities; 4.In the event of an injury resulting in lost work time, continued contact with the supervisor is required for the purpose of keeping records on the expected return to work status. (b)Equipment Repair Employees have a responsibility to report the need for repairs of any City- owned or leased property issued to the employee. No employee shall alter, repair, or in any way change, add to, or remove any parts or accessories of any City-owned or leased Property without the permission of the Department Director. Section 3:Personal Protective Equipment The City will provide directly, or through an allowance approved in the annual budget each year, items of personal protection. Supervisors will direct use of personal __________________________________________________________________________________________ Administration Chapter Page 39 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 protective items when warranted and employees are expected to comply with such direction. Operation of Vehicles (a)Vehicle Operator Qualifications. In order to operate a city-owned vehicle in the course of business, an employee must: 1.Be at least 18 years of age; 2.Have a valid Georgia Driver’s Li cense for the class of vehicle to be driven or a valid Driver’s Li cense from the state in which the employee resides which allows employee to legally operate a city vehicle on Georgia roads; 3.Have a record of no more than two moving citations or one moving citation and one chargeable accident within a twenty-four (24) month period; a.The Department Director or their designee will make the sole determination of whether the accident was chargeable in nature. b.Employees whose primary duty is to drive a city vehicle that do not have an acceptable driving history must be relieved of such duties and assigned to non-driving positions or non-driving duties until their 24-month record reflects and acceptable driving history. If a non-driving position is not available, the employee may be terminated. 4.Be otherwise qualified under federal and state regulations to drive the vehicle in question; and 5.Be trained and authorized to operate the vehicle. (b)Annual License Review To ensure the maintenance and validity of driver’s licenses, driving records of employees who operate city vehicles will be examined on an annual basis or as needed, as determined by the Department Director. The City will check motor vehicle records (MVR) of all applicants prior to making offers of employment. As part of the hiring process, applicants will be required to sign a written consent form allowing the City to check __________________________________________________________________________________________ Administration Chapter Page 40 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 motor vehicle records at any time prior to or during their employment. The Department Director will be responsible for collection of license copies each year and for the submittal of licenses to the Police Chief who will have the employee’s license run through GCIC for review. (c)Notification Procedures Employees who operate vehicles in the course and scope of their employment must notify their supervisor: 1.When their driver’s license becomes invalid or suspended for any reason. Such employees will immediately be prohibited from operating vehicles on City business. 2.Immediately during work hours or by the next working day if after hours, upon the receipt of any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle traffic operation, except this shall not apply to parking violations received in a personal vehicle. In addition, employees must notify their supervisor when at fault in a motor vehicle crash, whether cited by the police or not, and whether on duty or off. 3.An employee who receives a citation for any violation while operating a City vehicle will be responsible for paying any fine or penalty incurred and will be subject to disciplinary action, up to and including termination. 4.Failure to report a citation received, whether off or on duty, may be grounds for disciplinary action, up to and including termination. (d)Operation of Vehicles Employees shall operate any vehicle used for City business in a careful and prudent manner and shall obey the laws, policies, regulations, and procedures of the city and state pertaining to such operation. Tobacco use in City-owned or leased vehicles is prohibited. (e)Duty Restrictions A physical, mental, or driving skill impairment that cannot be reasonably accommodated that affects an employee’s ability to safely operate a motor vehicle, or failure to comply with the driver qualifications outlined in this Chapter, precludes that employee from operating any City-owned or __________________________________________________________________________________________ Administration Chapter Page 41 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 leased vehicle for city business. If the operation of a vehicle is an essential job duty, an attempt will be made to place the employee in a non- driving position. If such a position is not available, the employee will be immediately relieved of duty. If the vehicle prohibition is due to suspected physical or mental impairment, the employee will be subject to a health fitness evaluation as outlined in this handbook. (f)Passenger Restraint Systems All drivers and passengers in city vehicles are required to wear their seatbelt whether or not it is required law. The only exception will be for detainees being transported in the rear of the police vehicle if the detainee presents a risk to the officer in fastening the seat belt. The driver of the vehicle is responsible for compliance. Section 4:Accident Involvement (a)Report Required All of the following, collectively referred to throughout this Section as an “Accident,” shall be reported to the immediate supervisor by the employee involved in the event and any City employees who witness the event: 1.All injuries to an employee or other person occurring during the course of business; 2.All accidents involving city-owned or issued vehicles or equipment, whether or not occurring during the course of business; 3.All accidents involving personal vehicles or equipment used during the course of business; and 4.All property damage occurring during the course of business. (b)Employee Responsibilities Unless transported from the accident scene for medical treatment, the employee involved in a job-related accident involving a vehicle or equipment will: 1.Render aid to other parties if possible and necessary; 2.Report the Accident and any injuries immediately to local law __________________________________________________________________________________________ Administration Chapter Page 42 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 enforcement in the event of a vehicular accident; 3.Immediately notify their supervisor or designee, as soon as possible if the supervisor is not available; 4.Record the name, address, and phone number of any witnesses, and note the specifics of the Accident circumstances, if possible; 5.Be courteous, but not make or sign any statement for anyone other than the police officer responding to the scene; 6.Remain at the scene until excused by law enforcement personnel; 7.Not discuss or reveal information or provide statements to non-City personnel subsequent to the Accident. This does not prohibit cooperation with law enforcement investigations outside the City’s jurisdiction. 8.Submit to all requested post-Accident testing as directed by the supervisor or other City Management representative. (c)Administrative Accident Investigation The supervisor or other designated employees will conduct an administrative investigation into the circumstances of the Accident and prepare a written report that includes a statement of the facts and analysis as to cause. The report will also include recommendations of any corrective action necessary to prevent recurrence of such Accidents. The City Attorney will facilitate claim/litigation management with the City’s insurance carrier. (d)Examinations and/or Tests An employee who is involved in a reportable Accident may be required to undergo examinations and/or tests as specified in the Performance of Duty Standards and Substance Abuse Testing chapters of this handbook. Section 5:Workplace Violence Policy (a)Statement of Policy The City is concerned about the well-being and personal safety of its employees and anyone doing business with the City. The City consequently strictly prohibits workplace violence. Acts of violence and/or threats of violence, whether expressed or implied toward __________________________________________________________________________________________ Administration Chapter Page 43 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 individuals in the City workplace, are prohibited and will not be tolerated. All reports of incidents will be taken seriously and will be addressed appropriately. This policy defines prohibited conduct, as well as general procedures and potential responsive steps in the unfortunate event that workplace violence occurs despite these preventive measures. In addition, unauthorized, non-city issued firearms, weapons, ammunition, or explosives on city property is strictly prohibited. (b)Scope This prohibition against threats and acts of violence (including domestic violence) applies to all persons involved in the operation of the City, including but not limited to, the City personnel, contract and temporary workers, and anyone else on city property. (c)Definition of Workplace Violence Workplace violence is any conduct that is severe, offensive or intimidating enough to make an individual reasonably fear for his/her personal safety or the safety of family, friends or property. Examples of workplace violence include, but are not limited to, threats or acts of violence or behavior that causes a reasonable fear or intimidation response that occurs on city premises, no matter what the relationship is between the City and the perpetrator or victim of the behavior or off city premises, where the perpetrator is someone who is acting as an employee or representative of the city at the time, where the victim is an employee who is exposed to the conduct because of work for the City, or where there is a reasonable basis for believing that violence may occur against the targeted employee or others in the workplace. Examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to the following: a.Threatening physical or aggressive contact directed toward another individual or engaging in behavior that causes a reasonable fear of such contact. b.Threatening an individual or his/her family, friends, associates or property with physical harm or behavior that causes a reasonable fear of such harm. c.Intentional destruction or threat of destruction of the City's or another's property. __________________________________________________________________________________________ Administration Chapter Page 44 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 d.Harassing or threatening physical, verbal, written or electronic communications, including verbal statements, phone calls, emails, letter, faxes, website materials, diagrams or drawings, gestures and any other form of communication that causes a reasonable fear or intimidation response in others. e.Stalking. Stalking is defined as a pattern of conduct over a period of time, however short, which evidences a continuity of purpose and includes physical presence, telephone calls, emails and any other type of correspondence sent by any means. f.Veiled threats of physical harm or like intimidation or statements, in any form, that lead to a reasonable fear of harm or an intimidation response. g.Communicating an endorsement of the inappropriate use of firearms or weapons of any kind. h.Unauthorized possession of weapons of any type, whether licensed or not, and particularly firearms. The only exception is local, state, and federal law enforcement officers, police or arson investigators acting in the line of duty. Weapons, include, but are not limited to: Any weapon which, per applicable law, is legal or illegal to possess; Any firearm, loaded or unloaded, assembled or disassembled, including pellet, "BB", and stun guns; Knives (and other similar instruments) other than those present in the workplace for approved work purposes or for the specific purpose of food preparation and service; Any switchblade knife; Brass knuckles, metal knuckles, and similar weapons Bows, cross-bows and arrows; Explosives and explosive devices, including fireworks, ammunition and/or incendiary devices; Throwing stars, nun chucks, clubs, saps, and any other item __________________________________________________________________________________________ Administration Chapter Page 45 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 commonly used as, or primarily intended for use as a weapon; Self-defense chemical sprays (Mace, pepper spray) in canisters or containers larger than two ounces; Any object that has been modified to serve as, or has been employed as, a dangerous weapon. Domestic violence is defined as a pattern of coercive tactics carried out by an abuser against an intimate partner (the victim)with the goal of establishing and maintaining power and control over the victim. Where the abuser's tactics include any of the above-described conduct on City premises, this policy applies. Where such tactics include any of the above- described behaviors off City premises, this policy applies where the abuser is someone who is acting as an employee or representative of the City at the time, where the victim is an employee who is exposed to the conduct because of work for the City, or where there is a reasonable basis for believing that violence may occur against the victim or others in the workplace. The term "intimate partner" includes people who are legally married to each other, people who were once married to each other, people who have had a child together, people who live together or who have lived together, and people who have or have had a dating or sexual relationship, including same sex couples. (d)Reporting Complaints If you observe the possession of unauthorized non-City issued weapons on City premises, or if you are subjected to or threatened with firearms by a co- worker or member of the public, or if you become aware of another individual who has been subjected to or threatened with violence, you must report this information to your supervisor or the Director of Human Resources immediately. Supervisors must report all potential violations so the Human Resources Department can handle them appropriately. Do not assume that any violation or threat is not serious. All complaints will be thoroughly investigated, and all complaints that are reported to management will be treated with as much confidentiality as possible. Employees who become angry, upset, or concerned with the actions of a co-worker, supervisor, member of the public or the City in general, are encouraged to seek assistance from the Director of Human Resources. A 9-1-1 call may be appropriate first, in the good judgment of the employees or managers involved. Under this policy, decisions may have to be made quickly to prevent a threat from being carried out, a violent act from occurring, or a life-threatening situation from developing. Nothing in this policy is intended to prevent quick action to stop or reduce the risk of harm to __________________________________________________________________________________________ Administration Chapter Page 46 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 anyone, including requesting immediate assistance from law enforcement or emergency response resources. Failure to report any threats or acts of violence in violation of this policy appropriately is itself a violation of this policy, and may subject any employees involved to discipline up to and including termination. Retaliation against anyo ne for reporting an actual or suspected violation of this policy in good faith will not be tolerated and will subject the individual engaging in the retaliation to discipline up to and including termination. Any complaints about retaliation should be reported in the same manner as violations of this policy are to be reported. (e)What to Expect from the City All incidents of violence and threats of violence that are reported will be taken seriously and investigated. (f)City Expectations of Targeted Employees Stay Away Orders: The City reserves the right to seek orders of protection (also known as restraining orders or stay away orders) against any person who violates the Workplace Violence Policy. Additionally, employees themselves may seek and obtain orders of protection against individuals outside of the workplace. Employees so protected are obligated to immediately notify the Director of Human Resources and their supervisor if (a) an order of protection extends to the workplace; or (b) they reasonably believe that their safety (or the safety of others) in the workplace is affected by the order of protection. Employees should provide written notification of: 1.the existence of any such order and provide a copy of the order; 2.any violations or attempted violations of the order; 3.any changes to the order that affect the workplace; and 4.the order being lifted. Employees who are subject to orders of protection requiring them to stay away from or refrain from contacting other individuals who are or may be in the workplace (including employees, customers, vendors and others) must immediately notify the Director of Human Resources and provide a copy of the order. __________________________________________________________________________________________ Administration Chapter Page 47 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Upon being notified of an order of protection, Human Resources will contact the reporting party to gather information about the individual and assess the situation. The City will make every effort to maintain confidentiality of such orders with the understanding that it will use the information as necessary to maintain safety in the workplace. (g)Search Policy If the City reasonably suspects that an employee either has or may have violated this policy, or that the employee possesses evidence that others pose a threat of workplace violence as defined by this policy, the City may request the individual to submit to a search of his or her person, personal effects, vehicles, and locker. In addition, the City may conduct searches of any City property including for instance work stations and areas, including desks, locker, credenzas, file cabinets, computers and computer-stored information, voicemail, email, business records, City vehicles and any other property or equipment owned by the City, at any time, without notice to or permission from affected employees, for purposes of enforcing the no violence policy. If an individual is asked to submit to a search, and refuses, that individual will be considered insubordinate and will be subject to discipline up to and including termination. Searches will be conducted by a supervisor with a second witness and may or may not be conducted in the presence of the person whose property is searched. Any weapons or evidence of violations of this policy will be confiscated, and may be turned over to law enforcement, as appropriate. Any illegal activity discovered during an inspection is subject to referral to the appropriate law enforcement authorities. (h)Assistance Programs/Services The City provides all employees and family members with a no cost Employee Assistance Program (EAP) that has professionals trained to handle domestic violence cases. These professionals provide counseling, support, and referrals. In addition, EAP is a resource for employees who want to learn more about domestic violence or find out how to help a friend, family or coworker. Many community agencies provide free services for safety planning, counseling, support groups, shelter, and legal assistance. Please contact the Human Resource Department if you need additional information. __________________________________________________________________________________________ ____________________________________________________________________________________________________________________ Chapter II Compensation & Benefits __________________________________________________________________________________________ Compensation & Benefits Chapter Page 1 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 II.COMPENSATION & BENEFITS A.COMPENSATION Section 1:Policy Statement The City of Milton’s compensation philosophy is to maintain a competitive pay structure for the purpose of recruiting and retaining an effective and efficient workforce. The pay structure is designed to pay employees based on what their job is worth; ensure they appropriately move through the salary range for their classification; and recognize performance through merit pay, where applicable. The pay plan is designed to comply with federal and state law, including the Fair Labor Standard Act (FLSA).All aspects of the pay plan are contingent upon the availability of funds as determined in the sole discretion of the Mayor and City Council. Section 2:Pay System (a)Pay Period All City employees will be paid on a bi-weekly basis. The work week will begin on Saturday and end on Friday. The actual pay date will be two Fridays following the end of a pay period. When a pay date falls on an official city holiday, employees will be paid on the date preceding the holiday. (b)Direct Deposit Participation in the direct deposit program is mandatory for all city employees. All pay-related items, such as allowances and reimbursements, will flow through the regular pay cycle. An employee’s final check upon the end of employment will not be a direct deposit check, but a live check picked up in person by the employee or mailed upon request. (c)Types of Pay Other Than Base Rate 1.Overtime Pay Overtime work is work performed by a qualified employee which exceeds the regular work week, as defined in the Fair Labor Standards Act (FLSA). FLSA standard for non-public safety employees is a forty (40) hour workweek, for police shift employees, an eighty-six (86) hour bi- weekly work period and for fire shift employees,a one hundred six (106) hour bi-weekly work period. Compensation for overtime hours shall be at time and a half for hours worked in excess of the defined work period. Vacation and sick leave will not be considered as hours worked for overtime computation purposes. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 2 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 2.Compensatory Time It shall be the City’s policy to allow the accrual of Compensatory Time (Comp Time) in lieu of payment for overtime hours worked by non- exempt employees to reduce the cost of overtime wages and to assist employee productivity and effectiveness without extra cost to the City. Comp Time is defined as time off granted to a regular non-exempt employee to offset hours worked by the employee over and above those required in the normal course of employment. The accrual of Comp Time for exempt employees is not allowed. Each department may decide to utilize Comp Time. The department head is responsible for making that decision. Employees must agree to receive Comp Time in lieu of overtime payment. a.Accrual Comp Time will accrue at a rate of one and one-half hours for each hour of employment for which overtime compensation is otherwise required and where the employee has not accrued Comp Time in excess of 24 hours. Accrual of Comp Time must be approved in advance by the employee’s supervisor except in cases of emergency. Supervisors are expected to organize their projects and tasks appropriately to minimize Comp Time accruals. The maximum accrual of Comp Time is limited to 24 hours. An employee who reaches this threshold shall, for additional overtime hours of work, be paid overtime compensation. Supervisors should attempt to schedule the utilization of Comp Time as it is accrued. Comp Time cannot be accrued to the point where it would be impossible to be utilized by the annual deadline. b.Utilization Comp Time accrued should be utilized (redeemed) at a time mutually agreeable to the employee and supervisor. This time will also be utilized with the least amount of disruption to productivity and effectiveness to minimize hardship. Use of Comp Time must be approved in advance by the employee’s supervisor except in cases of emergency. The use of Comp time must be permitted upon employee request to use it unless to do so would unduly disrupt the employer’s operations. In the event a supervisor denies the use of Comp Time that would cause an undue disruption, the supervisor must generate written documentation to support the decision. In order to prevent the excessive accrual of Comp Time and to avoid the extra overtime liability to the city, a supervisor may compel an employee to utilize Comp Time at their discretion. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 3 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Comp Time must be utilized by September 30th of each year or paid out as overtime. If an employee with accrued Comp Time is promoted to an exempt position, all accrued Comp Time will be paid out as overtime prior to the effective date of the promotion. All Comp Time earned by an employee must be used before the employee uses any accrued vacation or sick leave. 3.On-Call Status Some operational divisions in the City may designate non-exempt employees to be on-call to provide for after-hours service needs. Any on- call policy shall be determined by the applicable department head with approval of the City Manager depending upon the needs of the individual department and appropriations in the fiscal budget. a.Restricted On-Call means the time spent on-call on or away from City premises under conditions that prevent the employee from using the time for personal activities.The employee on Restricted On-Call status is required to report for any on-call assignment that arises during the applicable on-call period. This category of on-call is compensatory.Employees in a restricted on-call basis will be paid one hour per day at their regular rate and receive overtime if called to respond to an emergency.This is contingent upon Council funding annually. b.Unrestricted On-Call means the time spent on-call on or away from City premises under conditions that do not prevent the employee from using the time for personal activities. The employee on unrestricted on-call status may choose to report for an on-call assignment but is not required to do so. Unrestricted on-call status is not compensatory, except for such time actually worked, should the employee report for an on-call assignment. 4.Call Back Pay A call back occurs when there is an emergency or after hours service need for which an employee reports to work as a result. A call back does not include additional hours of work scheduled in advance. a.An employee responding to a call back will be paid the greater of two hours or the actual time worked on the call back assignment at their overtime rate. b.Travel time is included in the calculation of call back hours. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 4 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 c.Exempt employees are not eligible for call back compensation. d.If any employee is directed back to work on a call back,no vacation or sick time utilized during same pay period will off-set overtime payment. 5.Acting Status Pay Employees who are temporarily re-assigned to perform the duties of a higher classification for thirty (30) consecutive days or more may receive a compensation increase for the duration of the temporary assignment. The appropriate increase shall be recommended by the Director of Human Resources,but at no time should be less than the minimum pay range for the temporary assignment classification. 6.Final Pay Upon end of employment, employees will be paid at their base rate for accrued vacation leave hours up to a maximum of 240 hours. Employees with less than 12 months active full-time service are not eligible for pay-out of any accrued vacation. Note: Sick Leave is not payable upon any separation from the City. Section 3:Compensation Plan (a)Pay Plan The City will maintain a Classification and Pay Plan, including a complete inventory of all positions in the City’s service and an accurate description and specification for each grade of employment. The plan will standardize titles,by categorization of every job by class on the basis of similarities in duties, responsibilities,each of which are indicative of a definite range of duties and responsibilities and has the same meaning throughout assigned departments. The Classification and Pay Plan will be designed to provide equal pay for equal work and to provide a pay range for each grade of positions,which will enable the City to recruit and retain qualified employees,as well as compete in the job market with other public employers.All aspects of the pay plan are contingent upon the availability of funds as determined in the sole discretion of the Mayor and City Council. (b)Administration The primary responsibility for day-to-day administration of the Classification and Pay Plan rests with the City Manager or designee, as follows: __________________________________________________________________________________________ Compensation & Benefits Chapter Page 5 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 1.The Director of Human Resources is charged with the maintenance of the Classification and Pay Plan and its administration so that it will reflect the duties performed by each employee and the grade to which each position is allocated. 2.It is the responsibility of the Director of Human Resources to examine the nature of the positions as they are created and to allocate them to an existing grade in conformity with this section; to make such changes as are necessary in the duties and responsibilities of existing positions; to develop forms and to provide vital information when deemed necessary to determine the proper grade classification of each position; to periodically review the entire Classification and Pay Plan; and recommend appropriate changes in the plan. 3.The Director of Human Resources will facilitate the requests for newly authorized positions or changes in duties of an existing position change. The department director must submit a Position Review Request to Human Resources. The Director of Human Resources will investigate the actual or suggested duties and make a report to the City Manager or designee for approval.Ultimate approval for new positions shall be by the Mayor and City Council. (c)Use of the Classification & Pay Plan The Classification and Pay Plan is to be used as: 1.As a guide in recruiting and evaluating candidates for employment; 2.In determining lines of promotion and in developing employee training programs; 3.In determining salary to be paid for various types of work; 4.In providing uniform job terminology understandable to all City officials and employees and by the public; 5.The official job title represented on the Classification and Pay Plan should be used in all personnel, accounting, budget, appropriation, and financial records. No person will be appointed to or employed in a position in the City service under a title not included in the Classification and Pay Plan and approved by the Mayor and City Council; 6.Other job titles may be used in the course of departmental routine to indicate authority,status in the organization and/or administrative rank; __________________________________________________________________________________________ Compensation & Benefits Chapter Page 6 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 7.It should be general practice for newly hired employees to be hired at the minimum pay rate of the applicable grade for the position. The City of Milton recognizes that in some instances it may be necessary to hire employees above the minimum pay rate of the applicable grade for the position. Department Directors shall have the latitude to hire personnel without other approvals up to the midpoint of the position as long as budget is available to do so. Department heads should be mindful of internal equity when extending offers above the minimum. Salary offers beyond the midpoint must be approved by the Director of Human Resources,Director of Finance and the City Manager. (d)Maintenance of Pay Ranges The City Manager or designee may make or cause to be made such comparative studies as he or she deems necessary of the factors affecting the level of salary ranges prior to the preparation of the annual budget,as well as at other times during the year. On the basis of information derived from such studies, the City Manager or designee may make recommendations for changes in salary ranges as deemed necessary to maintain the fairness, adequacy, and competitiveness of the overall salary structure. Section 4:Changes in Salary (a)Performance Reviews The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. (b)Salary Increases for Performance Subject to annual budget appropriation, each department may be allocated a pool of merit dollars to be distributed by a percentage basis on a formula derived from the performance evaluation results. The City Manager reserves the right to make additional pay adjustments as necessary for business operations. (c)Salary Changes Due to Promotions The pay for employees receiving a promotion will be the greater of either the minimum of the pay grade of the promoted position or a five (5) percent increase. The City Manager may allow a greater increase in order to address any internal equity issue. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 7 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Salary Changes Due to Reclassification The pay for an employee whose position is reclassified to a higher pay grade will be upon the recommendation of the department director placed at least the minimum of the higher position and not to exceed a five percent increase if the existing salary already exceeds the minimum rate for the higher position. The pay for an employee whose position has been reclassified to the same or lower pay grade will not change. (e)Salary Changes Due to Demotion The pay changes for employees receiving a demotion will be as follows: 1.Demotions Based on Performance The pay for employees receiving a demotion will be five (5) percent decrease in pay. At the department heads request, the City Manager may allow a greater or lesser decrease in order to address any internal equity issue. 2.Voluntary Demotions (not performance based) The salary of an employee who voluntarily demotes to a position in a lower pay grade based on a personal decision to do so will be determined upon the recommendation of the department director. 3.Involuntary Demotions (not performance based) The salary of an employee who has been involuntarily demoted due to business needs or for accommodation purposes and not based on performance will not experience any change in pay. (f)Other Salary Increases The City Manager reserves the right to make additional pay adjustments as necessary for business operations provided that funds are available. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 8 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 B.EMPLOYEE BENEFITS –LEAVE TYPES Section 1:Policy Statement The City of Milton believes that employees should have the opportunity to enjoy time away from work to help balance their work and personal lives. City management recognizes that employees have diverse needs for time off from work. Because of this, the City has established leave practices to address the balance,as well as to protect the financial well-being of employees during certain absences from work. Employees are accountable and responsible for managing their own leave balances to allow for adequate reserves if there is a need to cover unanticipated events requiring time away from work. Section 2:Overview of Requirements & Restrictions (a)General Provisions Except as provided otherwise in this chapter, the following apply to all paid leave benefits: 1.Approval of leave is subject to operational requirements of the department and any request for paid leave may be denied or rescheduled due to staffing needs; 2.Paid leave cannot be advanced; 3.All requests for leave must be submitted in writing using the leave request form with as much notice as possible; 4.Except for military leave, an employee in an unpaid leave status will not accrue vacation or sick leave hours. This will not, however, constitute a break in service for accrual rate purposes; 5.Non-exempt employees shall record paid leave in quarter hour increments; 6.Exempt employees shall record paid leave in whole day increments; exceptions to this must be approved by the Human Resources Department. (b)Unpaid Leave Status Unpaid leave will not be approved under normal circumstances. All requests for leave without pay must be approved by the City Manager or designee. Vacation and sick leave will not be accrued during leave without pay status. Please note that while an employee is on leave of absence without pay, there is no job protection by the City,except as required by law. Employees may continue, at their sole expense, their group health insurance coverage while on leave of __________________________________________________________________________________________ Compensation & Benefits Chapter Page 9 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 absence without pay. In order to continue coverage, the employee must contact the Director of Human Resources to arrange for documentation and payment of premiums. The exceptions to these provisions are leave granted as Family Medical Leave and Military Leave as specified later in this chapter. Section 3:Vacation Leave Exempt employees take vacation and sick leave hours in whole day increments only; exceptions to this must be approved by the Human Resources Department. (a)Eligibility It is the policy of the City to provide paid vacation for eligible employees. Employees are not entitled to “cash out” accrued leave outside the end of the employment process. Vacation leave is accrued and granted to: 1.Regular full-time, police and fire shift employees, and regular part-time employees are considered eligible employees; 2.Eligible employees while on authorized paid vacation leave will continue to accrue vacation leave hours; 3.Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4.Pay for vacation leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s vacation period. (b)Vacation Leave Accrual Rate 1.All eligible employees hired December 1, 2006 through June 30, 2007,will receive credit for years of experience based on relevant previous employment, retroactive back to the date of hire. For these purposes, years of service is defined as any job-related experience that is directly related to the employee’s job description (referred to as the “Accelerated Leave Accrual”); 2.Employees receiving the above-mentioned accelerated leave accrual will remain in the assigned accrual level until the actual years of service have been attained for moving to the next accrual level; 3.Employees hired after June 30, 2007,will accrue vacation hours based on their hire date with the City,unless approved at a higher rate by the City Manager; __________________________________________________________________________________________ Compensation & Benefits Chapter Page 10 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 4.All eligible employees accrue vacation leave hours on the following basis: The accrual rate increases on the first day of the pay period that includes the employees’ anniversary date. 5.The following chart reflects the accrual rates for city employees: Years of Service Hours Per Biweekly Pay Period Hours/Year Up to 1 Year 3.7 96 1 thru 4 years 5.54 144 5 thru 9 years 6.46 168 10 thru 14 years 7.4 192 15 or more 9.23 240 Up to 1 Year 1.85 48 1 thru 4 years 2.77 72 5 thru 9 years 3.23 84 10 thru 14 years 3.7 96 15 or more 4.6 120 Up to 1 Year 11.08 288 1 thru 4 years 16.62 432 5 thru 9 years 19.38 504 10 thru 14 years 22.15 576 15 or more 27.69 720 Up to 1 Year 5.54 144 1 thru 4 years 8.31 216 5 thru 9 years 9.69 252 10 thru 14 years 11.08 288 15 or more 13.85 360 Regular Full-time Employees Regular Part-time Employees Police Shift Employees Fire Shift Employees __________________________________________________________________________________________ Compensation & Benefits Chapter Page 11 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (c)Use and Scheduling of Vacation Leave 1.Whenever possible, employees will be allowed to take vacation at times most convenient to them. However, in order to ensure continued smooth operation and maintain a high level of quality in the delivery of service to the citizens of Milton, the City reserves the right to limit the number of employees that may be absent from a given department at any one time. Where there is a conflict in the vacation choices of two (2) or more employees who cannot be spared at the time, the department management will determine who will take leave; 2.When a holiday occurs during the period an employee is on authorized vacation leave with pay, vacation shall not be charged for the holiday; 3.Eligible employees will be allowed to carry over vacation hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s vacation leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 240 Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum Vacation Hours Carry Over Per Year Section 4:Sick Leave (a)Eligibility It is the policy of the City to provide sick leave with pay for eligible employees. Sick leave is a privilege and may be used only when an employee or member of an employee’s family is incapacitated due to personal illness or injury or has a medical/dental appointment. 1.Regular full-time, police and fire shift employees, and regular part-time employees are deemed eligible employees for sick leave purposes; 2.Eligible employees while on authorized paid sick leave will continue to accrue vacation leave hours; 3.Eligible employees can take leave immediately once hours have been accrued and approved by department management; __________________________________________________________________________________________ Compensation & Benefits Chapter Page 12 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 4.Pay for sick leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s sick leave period. (b)Sick Leave Accrual Rate 1.All eligible employees will accrue sick leave hours per pay period based on the type of employee. The accrual will begin immediately upon hire. Years of Service Hours Per Biweekly Pay Period Hours/Year Regular Full-time Employees 2 52 Regular Part-time Employees 1 26 Fire Shift Employees 6 156 Police Shift Employees 3 78 Regular Full-time Employees 2.Eligible employees will be allowed to carry over sick hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s sick leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 40 Regular Part-time Employees 20 Fire Shift Employees 53 Police Shift Employees 42 Maximum Sick Leave Hours Carry Over Per Year (c)Use of Sick Leave Sick leave may be used for appointments for medical or dental examinations or treatment when such appointments cannot be reasonably scheduled during non- working hours. Examination appointments must be approved at least one (1) work day in advance, by the department director or designee. Sick leave can also be used for unplanned sick absences. In unplanned circumstances, an employee should make every attempt to report to their supervisor within thirty (30) minutes of the scheduled starting time the reason for absence. Public Safety may develop internal rules that establish stricter reporting standards. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 13 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Payment of Sick Leave Sick leave accruals are not payable upon separation from the city. Section 5:Other Leave Types (a)Bereavement Leave 1.Employees may be granted up to 24 hours of bereavement leave with pay upon death of a member of the employee’s immediate family. Immediate family is defined in the definition section. 2.Employees must request bereavement leave by contacting their supervisor prior to the leave period. 3.There is no accumulation of bereavement leave and no payment upon separation from city employment. Hours do not have to be taken simultaneously. (b)Civil Leave 1.Jury Duty. All regular full-time employees selected for jury duty shall be entitled to receive civil leave with pay for the period of absence. An employee shall not be entitled to fees received as a juror and should ask the court not to compensate them for being on jury duty. An employee may be required to present a statement from the court indicating jury service. 2.Official Court Attendance All employees subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of the City are considered to be working. Any fees paid for such services will be returned to the City. Employees who are subpoenaed, ordered to appear, or otherwise voluntarily participating in a Court appearance or judicial process other than as specifically identified herein shall not be entitled to leave with pay, but must take vacation leave. 3.Military Leave Employees are entitled to military leave in accordance with state and federal law. An employee going on military leave should present a copy of their __________________________________________________________________________________________ Compensation & Benefits Chapter Page 14 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 official orders to the Director of Human Resources and department management as soon as received or they may fill out a Military Leave Verification form (c)Family Medical Leave Pursuant to the federal Family and Medical Leave Act,(“FMLA”), 29 U.S.C. §2601, et seq.,employees may be eligible for a family and/or medical leave of absence for up to twelve (12)weeks of paid or unpaid leave in any twelve-month period for one or more of the following: the birth, adoption, or placement of a child; the serious medical condition of a parent, spouse, or child; or the employee’s own serious medical condition that prevents him/her from performing the functions of his/her job. For purposes of this Section, a “12-month period” means a rolling twelve (12) months measured backward from the date the employee uses any FMLA leave. If the provisions in this Handbook conflict or come into conflict with the FMLA as it presently exists or is amended from time to time, the provisions contained in the FMLA shall control. 1.Eligibility To be eligible for leave, an employee must have been working for the City of Milton for at least twelve months and must have worked at least 1,250 hours during the twelve-month period prior to the request for leave.Eligible employees under FMLA shall be entitled to leave upon the conditions and limitations of FMLA. 2.Concurrent Utilization of Paid Leave and/or Compensatory Time An employee requesting leave pursuant to the FMLA is required to utilize all accrued personal leave and/or compensatory time available as part of the 12- week leave period. If the available paid leave for the employee is less than twelve working weeks, the additional weeks of leave necessary to obtain the twelve work weeks of leave available under the FMLA shall be provided without compensation. In any event, any combination of personal leave, compensatory time, and/or unpaid family and medical leave shall not exceed twelve (12) weeks. Use of personal and/or compensatory leave, or any combination thereof, must be used concurrently with FMLA leave. FMLA requests will be retroactively dated to the beginning of the current personal and/or compensatory leave, or any combination thereof in the event that the __________________________________________________________________________________________ Compensation & Benefits Chapter Page 15 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 paid leave is commenced prior to the request for FMLA leave. Regardless of paid or unpaid FMLA leave, the employee will receive holiday compensation for the holidays recognized by the City set forth in this Handbook. 3.Concurrent Worker’s Compensation and FMLA Leave An employee qualifying for Worker’s Compensation Leave must run any requested FMLA leave concurrently with that of all concurrent and/or intermittent Worker’s Compensation Leave. The employee must elect to use either worker’s compensation benefits or paid leave during the FMLA period. 4.Intermittent Leave or Reduced Schedule Leave Leave for childbirth, adoption, or foster care may not be taken intermittently or on a reduced schedule. Leave for a serious health condition of a qualifying family member or of the employee may not be taken on an intermittent basis or on a reduced leave schedule unless medically necessary. The taking of any leave intermittently or on a reduced schedule basis shall reduce the total amount of FMLA leave that has been approved for the eligible employee according to the actual hours of leave taken. For example, if an eligible employee takes ten (10) hours of leave intermittently over twenty (20) business days, the employee’s bank of available FMLA leave will be reduced only by ten (10) hours and not by twenty (20) days. If an eligible employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the Director of Human Resources may require the employee to transfer temporarily to an available equivalent position for which the employee is qualified that better accommodates recurring periods of absence. 5.Spouses Employed by Same Employer In any occasion in which a husband and wife are eligible for leave under the FMLA and are both employed by the City, the aggregate number of work weeks of leave to which both may be entitled may be limited to twelve (12) work weeks during any 12-month rolling period, in the case where leave is taken for childbirth, adoption, foster care, or to care for a sick parent. 6.Foreseeable Leave In any case in which the necessity for leave under the FMLA is foreseeable, based on an expected birth or placement of a child or based on planned medical treatment or supervision, the employee shall provide the Director of Human Resources with written application for the requested leave and __________________________________________________________________________________________ Compensation & Benefits Chapter Page 16 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 certification no less than thirty (30) days before the date the leave is to begin. In a case where the necessity for leave is based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider and shall provide the Director of Human Resources with at least thirty (30) days notice before the date the leave is to begin, except that if the date of the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. 7.Certification of Serious Health Conditions An eligible employee,who requests leave for a serious health condition of the employee or a qualifying family member, shall submit certification from an appropriate health care provider to the Director of Human Resources when requesting leave. Certification shall be sufficient if it states: a.the date on which the serious health condition commenced; b.the probable duration of the treatment or condition; c.the appropriate medical facts within the health care provider’s knowledge; and d.the estimated amount of time the employee needs to care for the qualifying family member or a statement of the extent to which the employee is unable to perform the essential functions of the employee’s position. In any case in which the Director of Human Resources has reasonable doubt as to the validity of the certification, the Director of Human Resources may require the employee to obtain the opinion of a second health care provider at the expense of City. In any case in which the second opinion differs from the original certification, the Director of Human Resources may require the employee to obtain the opinion of a third health care provider designated or approved jointly by the Director of Human Resources and the employee at the expense of the City. The opinion of the third health care provider shall be considered to be final and shall be binding on the City and the employee. The Director of Human Resources may also require that the employee obtain subsequent re-certification on a reasonable basis. 8.Accruals and Benefits during FMLA Leave An employee on unpaid FMLA leave shall not be entitled to the accrual of any __________________________________________________________________________________________ Compensation & Benefits Chapter Page 17 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 seniority or employment benefits during the period of unpaid FMLA leave, including but not limited to, the accrual of personal leave. The employee, while on paid FMLA leave, is entitled to accrue personal leave during the periods of paid FMLA leave. For the purposes of pension or retirement plans, any period of FMLA leave will be treated as continuous service for the purposes of vesting and eligibility to participate. FMLA time will not be counted as part of an employee’s probationary period, but will be added to the remaining probationary period, extending the ending date of the probationary period. During any period of leave, City will maintain any health insurance provided by City to the employee for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. 9.Appeals of Denials In the event that the Director of Human Resources denies in whole or in part a request for leave pursuant to the FMLA, an employee has the right to appeal that decision consistent with the following procedures. Any such appeal from an employee must be filed within three (3) working days following receipt of the denial decision from the Director of Human Resources. The written notice of appeal shall include the request for the leave and all supporting documentation provided to the Director of Human Resources. The appeal shall be filed with the City Manager who has the authority to amend or reverse the decision of the Director of Human Resources. Failure of the employee to appeal within three (3) working days shall result in forfeiture of any further right of appeal of a denial. The City Manager shall review the record of the appeal and shall, within five (5) working days, issue a final determination. The decision of the City Manager shall be final. 10.Return to Duty from FMLA Leave As a condition for return to duty, the employee may be required to provide certification from the employee’s health care provider that the employee is able to resume work. Upon expiration of the period of leave pursuant to the FMLA, the employee shall be returned to his/her former position or a position of equal grade and pay, provided that the employee has complied with the terms of the leave and reported for return of duty at the appropriate time. While the employee shall be restored to a position of employment without loss of employment benefits accrued prior to the date on which the leave __________________________________________________________________________________________ Compensation & Benefits Chapter Page 18 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 commenced, the employee shall have no greater rights than those in effect prior to the commencement of the leave. An exception to the employment restoration provisions of the policy may be made if the employee on leave is a salaried employee and is among the highest paid ten percent (10%) of the City’s employees and restoring employment of the employee would result in substantial and grievous economic injury to the City. A doctor’s release may be required if the employee is returning from a medical leave of three or more days. 11.Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. 12.Procedures Employees must follow specific procedures to request a family or medical leave. These procedures are as follows: a.Complete the request for Family Medical Leave of Absence on the approved form available from the Director of Human Resources. b.The form must be signed by the employee and submitted to their Supervisor. The Supervisor will then submit the approved form to the Department Head. When possible, the form should be submitted by the employee thirty (30)days in advance of the effective date of the leave. c.Employees requesting family and medical leaves of absence due to illness must complete a leave certification requirements form, available from the Director of Human Resources. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 19 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 d.The employee must submit a completed request for Family Medical Leave of absence form along with a leave policy form. e.To request leave for the care of a child, parent, or spouse with a serious health condition, the employee must provide certification from the health care provider who is treating the child, parent, or spouse, including the date on which the condition commenced; the probable duration of the condition; the appropriate medical facts regarding the condition; an estimate of the time needed to care for the individual involved (including any recurring medical treatment); and a statement that the condition warrants the health care provider’s involvement. f.To request leave due to an employee’s serious health condition, the employee must provide certification from a licensed health care provider who is treating their own serious health condition as set forth herein. g.To request intermittent or a reduced leave schedule, the employee must provide the following additional information from the health care provider: 1) for leave for the employee, the employee must provide a statement of medical necessity for their intermittent or reduced leave, the expected duration of the schedule, a listing of the dates of their planned medical treatment and the duration of the treatment(s), 2) For leave to care for a son, daughter, spouse or parent, the employee must provide a statement attesting to the necessity of intermittent or reduced leave for the employee to provide care or to assist in the person’s recovery, and an estimate of the expected duration and schedule of their intermittent or reduced leave. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 20 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Administrative Leave A Department Head, the Director of Human Resources, or their respective designee, with notification to the Human Resources Department, may place an employee on Administrative Leave when an employee is being investigated by City for possible misconduct or by a law enforcement agency for possible violation of a criminal law or in any instance where it is considered to be in the interest of City and/or the employee. In addition, written notification must be provided by the official who placed the employee on Administrative Leave to the Finance Department with instructions that the leave shall be with pay. Administrative Leave shall be with pay for the initial 14 calendar days of the Administrative Leave period. Every effort shall be made to complete the investigation within the initial period. At the expiration of the initial ten-day period, if the investigation has not been completed, the employee may be placed on Administrative Leave without pay for an additional 21 calendar days upon written notification to the Human Resources Department by the official who placed the employee on Administrative Leave. At the conclusion of the 21 day unpaid Administrative Leave period, if the investigation has not been concluded, an extension may be considered or the employee may be terminated. The purposes of Administrative Leave are to provide an investigatory opportunity or to relieve the employee of his/her duties when it is deemed in the best interest of the City and the employee. Designation of the leave as “administrative leave” is to prevent any possible stigma against an employee during a period of Administrative Leave. Notice of the conclusion of the Administrative Leave period shall be provided in writing to the employee by the applicable Department Head with copies of the written notice provided to the Director of Human Resources. The decision to place an employee on Administrative Leave is entirely discretionary. Certain acts of misconduct or criminal arrests may be more suitable for immediate termination as determined by the Department Head and the Director of Human Resources. (e)Leave Due to City Office Closure In the event of hazardous weather, or other occurrence resulting in the closure of the City offices, all employees who are scheduled to work during the period for which the City is officially closed will be paid. Full-time employees shall be paid closure pay according to hours worked in their regularly scheduled shifts. Part- __________________________________________________________________________________________ Compensation & Benefits Chapter Page 21 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 time employees shall be paid for four (4) hours of pay. Temporary and seasonal employees shall not be paid. If questionable weather exists, but the City is open for business, employees should make their own independent safety determinations concerning travel to work. If the employee elects not to attend work due to safety concerns when the City is open for business, the employee’s absence will be charged against any accrued personal leave or compensatory time. If no such accrued leave exists, the employee will not be compensated. Public Safety employees are expected to monitor weather conditions and report to work as scheduled. If a non-exempt employee who is not a public safety employee is called into work when the City is officially closed, it is considered a call-out for emergency reasons and the employee shall be compensated for time and one-half of his/her regular rate for hours actually worked in the form of over-time for non-exempt employees and compensatory time for exempt employees. If the employee is not called into work, but reports to work during the period of time that the City is officially closed, the employee will be paid at his/her regular rate of pay. (f)Holidays The City observes the following holidays: New Year’s Day Martin Luther King, Jr.Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday -Assigned by City Manager Floating Holiday –Employee’s Birthday When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for city employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for city employees. The birthday floating holiday must be taken within a month of the employee’s birthday. The City Manager will designate the floating holiday on a year-by-year basis. A non-exempt employee who is required to work on an official city holiday will be paid at two times their hourly rate for the hours worked during the actual holiday. A non-exempt shift employee scheduled off on an actual calendar __________________________________________________________________________________________ Compensation & Benefits Chapter Page 22 Employee Benefits –Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 holiday will be paid a holiday equalization of eight (8) hours. All shift employees will receive a minimum of eight (8) hours of holiday pay, whether on-shift, through holiday equalization, or a combination of the two. An exempt employee who is assigned to a shift on an official city holiday will receive an additional 8 hours of holiday equalization pay regardless if they worked the holiday or not. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 23 Group Benefit Plans ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 C.GROUP BENEFIT PLAN Section 1:Policy Statement It is the policy of the City of Milton to provide its employees with various insurance, retirement and educational assistance benefits. The benefits plan is designed to provide a supplemental package of programs which contribute to the physical and mental health and well- being of the employee and their dependents. The plan is designed to enhance the attractiveness of working for the City and to aid the City’s competitiveness in recruitment and retention efforts. Section 2:General Provisions (a)Administration The primary responsibility for the day-to-day administration of the benefits plan shall rest with the Director of Human Resources within the limits of these policies and procedures, as well as the actual plan documents that govern the particular benefit. Availability of benefit packages, questions on benefits, and employee discussion regarding benefits can be obtained from the Director of Human Resources. (b)Eligibility Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement shall include regular full-time, police and fire shift employees. 1.Employee contributions deducted via payroll will begin concurrent with employee eligibility. 2.Benefit eligibility will expire at the end of the last day of the month that the employee worked for the city. 3.All employees, elected officials and police and fire volunteers shall be covered by worker’s compensation and have access to the Employee Assistance Program. (c)Benefits Continuation The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Milton’s health plan for a certain period of __________________________________________________________________________________________ Compensation & Benefits Chapter Page 24 Group Benefit Plans ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 time provided by law when a qualifying event would normally result in the loss of eligibility. Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the City of Milton’s group rates,plus an administrative fee established by the City. Certain deadlines and application requirements will apply. Please consult the human resources department if you wish to apply for COBRA benefits. Section 3:Benefits Offered. The City of Milton intends to provide a comprehensive benefit package to aid the recruitment and retention of staff. Benefits will include but not be limited to: health insurance, life insurance, retirement, long-term and short-term disability, and tuition reimbursement. We will annually publish a document that details our benefit plans. The actual plan documents, rather than any summary statements in this Chapter, should be relied upon in determining an employee’s rights and obligations. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 25 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 D.WORKER’S COMPENSATION Section 1:Policy Statement It is the intent of the City of Milton to comply with the provisions of the Worker’s Compensation Laws of the State of Georgia. All City of Milton employees and elected officials who are injured on the job are protected by the Georgia Worker’s Compensation Act. The provisions of this act are the exclusive remedy for employees injured on the job and provide benefits and procedures for obtaining benefits for occupational injuries and diseases arising out of and in the course of an employee’s employment with the City of Milton. Section 2:General Provisions (a)Definition “Injury” shall be defined as provided for in O.C.G.A. § 34-9-1. (b)Responsibility Worker’s compensation can be a very complex environment if proper procedures are not followed. Specific responsibilities lie with the Human Resources department, all supervisors and the employee. 1.Human Resources The Director of Human Resources is responsible for the management of the City’s worker’s compensation program in accordance with the provisions of the Georgia Worker’s Compensation Act and other Federal, state, or local regulations. The Director of Human Resources is responsible for timely submission of the First Report of Injury form to the State and for all other Worker’s Compensation records, files and reports. The Director of Human Resources will, in accordance with the law and applicable City policies and procedures, determine the continuing employment status of employees who are out of work on Worker’s Compensation. An employee out of work on Worker’s Compensation who does not return to work when released to do so by a qualified physician may be terminated. 2.Supervisors City of Milton supervisors are responsible for assuring their employees report all on-the-job injuries to them immediately or as soon as possible following the occurrence of the injury. Supervisors will ensure that a written report of the injury is completed and turned into the Department Head who will then forward it to the Director of Human Resources within the twenty-four hour time period. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 26 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 3.Employees All City of Milton employees are required to report all on-the-job injuries to their supervisor immediately when possible, but in all cases no later than twenty-four (24) hours after the occurrence of the injury. The employee is obligated to cooperate with the worker’s compensation program directives and activities and any fraudulent activity will be grounds for termination. Section 3:Procedures (a)An employee injured on the job must report the injury to their supervisor immediately, on the forms prepared and provided by the Director of Human Resources. (b)The employee’s supervisor must follow the appropriate procedures prescribed for reporting the injury which includes completion of the First Report of Injury form and the Supervisor and Employee Statement forms. (c)Treatment of the injury shall be provided at one of the designated medical facilities that are posted at each work site and the employee must select a doctor from the approved panel of physicians provided by the city. In an emergency, the employee may receive medical care from any doctor until the emergency is over, then the employee must obtain treatment from a doctor on the City’s approved panel of physicians. The City reserves the right to refuse payment of medical services for any employee examined by a physician not listed on its approved panel of physicians. (d)An employee injured by an accident arising out of or in the course of employment shall not be charged for any absence from duty due to the injury on the day of the injury. (e)There is a seven calendar day waiting period before worker’s compensation benefits are due. The seven-day waiting period includes those days the employee would not have worked even if there has been no injury. The City of Milton will compensate employees during this seven day waiting period.The employee will not have to use their accrued sick or vacation leave in the event of a worker’s compensation injury during those first seven days.The employee is eligible to receive medical benefits during the seven-day waiting period. Beginning with the first day after an on-the-job injury and continuing through the seventh day following the injury, the injured employee may elect to be compensated by using their available sick or vacation balance. However,if the disability lasts for 21 consecutive days, compensation is retro-active for the first seven days. The first seven days of disability are not reimbursable unless the employee is disabled __________________________________________________________________________________________ Compensation & Benefits Chapter Page 27 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 more than the 21 consecutive days. If the employee is reimbursed from the state for the initial seven day period, he/she will be responsible for returning that money to the City. (f)Beginning with the eighth day following the injury, the employee will be compensated with the statutory worker’s compensation rate of 66 2/3 of weekly salary up to the maximum prevailing rate required by the Worker’s Compensation Law. The employee may continue their available balance of sick or vacation time to supplement the worker’s compensation benefit. (g)During the first six months of a job related injury, the employee’s position will be secure and the affected department may use temporary employment if the budget allows. (h)If the employee is unable to return to their regular position, the city may require the employee to perform a light duty assignment that is approved by the assigned physician until a time the employee can return to work on a unrestricted basis. The City has no obligation to create a light duty assignment if work is not available. (i)Worker’s compensation leave must run concurrent with Family Medical Leave. ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ Chapter III Employee Relations __________________________________________________________________________________________ Employee Relations Chapter Page 1 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 III.EMPLOYEE RELATIONS A.STANDARDS OF CONDUCT Section 1:Policy Statement All employees are expected to maintain acceptable standards of conduct, efficiency, and economy in the performance of their work. All employees are expected to maintain minimum standards of conduct both on and off duty in order to: 1.Promote impartial, objective and effective performance of their duties; 2.Avoid activities that are adverse to the City’s interest or adversely affect the City’s reputation; 3.Ensure safe and efficient operations; and 4.Encourage a high degree of confidence in and support for city operations. The following list of standards of employee conduct is not intended to be all inclusive of every type of conduct prohibited by city employees. Other standards of conduct are established throughout this handbook and other standards may be established and published by departments as operations deem necessary. Moreover, generally accepted standards of conduct shall apply even where not specifically stated. Section 2:General Provisions (a)Conformance to Law An employee shall obey and not engage in any conduct prohibited by the laws of the United States, Georgia, or any other state and political subdivision thereof. Conduct described as a violation of such laws may be cause for disciplinary action,regardless of whether charges are filed, prosecuted or whether the employee is adjudicated guilty or not guilty. (b)Violation of Rules An employee shall not commit any act contrary to good order and discipline or constituting a violation of any of the provisions of the rules and regulations of the City and its departments. (c)Ethics 1.No elected official, appointed officer, or employee of the City or any agency __________________________________________________________________________________________ Employee Relations Chapter Page 2 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 or political entity to which this handbook applies shall knowingly: a.Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; b.Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; c.Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; d.Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; e.Represent other private interests in any action or proceeding against this city or any portion of its government; or f.Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. 2.Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the City shall disclose such private interest to the City Council. The Mayor or any councilmember who has a private interest in any matter pending before the City Council shall disclose such private interest and such disclosure shall be entered on the records of the City Council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this Handbook applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such __________________________________________________________________________________________ Employee Relations Chapter Page 3 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 private interest to the governing body of such agency or entity. 3.No elected official, appointed officer, or employee of the city or any agency or entity to which this Handbook applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the City Council or the governing body of such agency or entity. 4.Any violation of this Section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the City Council; 5.Except as authorized by law, no member of the Council shall hold any other elective City office or other City employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employm ent on the date of enactment of this Handbook. Section 3:Attention/Dereliction (a)Attention Except when approved in Fire Services, an employee shall remain awake, alert, observant and occupied with City business when on the job. Employees are expected to perform their job duties: 1.Timely, promptly and without undue delay; 2.Without unnecessary supervision; 3.Ensuring they are engaged productively at all times or as directed; 4.Demonstrating appropriate initiative and dependability in the quality, volume, and prioritization of job duties. 5.Avoiding excessive tardiness, excessive absenteeism, and unexcused absences. (b)Insubordination An employee shall adhere and execute any and all lawful orders of a supervisor, including those relayed from a supervisor through another employee. A lawful order is any order in keeping with the performance of any duty, issued either verbally or in writing by the department director or any other supervisor, direct or indirect. The willful disobedience of any order lawfully issued by a supervisor or __________________________________________________________________________________________ Employee Relations Chapter Page 4 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 any mutinous, insolent, uncooperative, or abusive language or conduct toward a supervisor shall be insubordinate. Section 4:Competence, Judgment & Supervision (a)Competence An employee shall maintain sufficient competence to properly perform the assigned duties and responsibilities of the position. The employee’s efforts shall be directed and coordinated in a manner that demonstrates and maintains the highest standards of efficiency in carrying out the functions and objectives of the City. Failure to do work at an acceptable level of competence as determined by the applicable supervisor may be grounds for disciplinary action. (b)Judgment An employee shall exercise sound judgment relevant to the conduct and performance of duty. (c)Supervision A supervisor shall, in accordance with department management expectation: 1.Demonstrate qualities of leadership necessary for the position; 2.Maintain a positive attitude in support of department decisions and goals; 3.Exercise appropriate supervision of subordinates and responsibilities; 4.Effectively plan, develop, and coordinate supervision and training of subordinates; 5.Observe and appropriately counsel subordinates; 6.Take appropriate action when a subordinate fails to perform; and 7.Properly account for all funds and property under their control Section 5:Health Fitness. (a)Fitness for Duty An employee must be physically and mentally fit to perform essential job functions. __________________________________________________________________________________________ Employee Relations Chapter Page 5 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (b)Evaluation for Fitness When it is reasonably demonstrated that the physical or mental impairment of an employee constitutes a hazard to individuals or property or may prevent the employee from effectively performing the essential job functions of the position, the employee may be required to submit to an evaluation of health fitness for duty by a physician of the city’s choosing and expense. All such testing shall be coordinated by the Director of Human Resources. (c)Periodic Evaluation An employee may be required to take periodic examinations and/or undergo a program of treatment to qualify for continued employment, to the extent allowable by law. (d)Disclosure Required An employee who becomes aware of a physical or mental impairment that affects or reasonably threatens to affect their ability to perform essential job functions shall report the condition immediately to the Department Head. (e)Status During Evaluation Pending completion of the health fitness evaluation, the employee may be required to use accrued leave, may be placed in an unpaid or paid leave status, or may be temporarily reassigned, depending on the circumstances and the length of the evaluation period. Section 6:Absences & Reporting. (a)Unauthorized Absence No employee shall be absent without authorization. This includes failure to report for work at the assigned time and place, or leaving a place of duty or assignment without authorization. (b)Reporting for Work An employee shall report to work on time and physically and mentally fit at the time and place specified by the supervisor and remain physically and mentally fit throughout the work day. __________________________________________________________________________________________ Employee Relations Chapter Page 6 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (c)Reporting Absence An employee who cannot report to work due to illness or emergency shall notify the immediate supervisor within the time limits established by the department director. Failure to do so may result in an unexcused absence. (d)Fictitious Reporting Employees are responsible for immediately reporting any suspected violation of policy. An employee is responsible for immediately reporting to their department director in writing any arrest or complaint filed against them. Reports submitted by employees shall be truthful and without attempt to deceive any supervisor or official of the City. Section 7:Response (a)Responding to Calls for Service No employee shall fail to timely respond to official calls for service, dispatched calls, notices of assignment, subpoenas or any other method of direction to perform. (b)Requests for Assistance When the public requests assistance or advice or makes complaints or reports, the employee shall gather all information in an official and courteous manner and shall judiciously act upon the situation consistent with prescribed procedures. (c)Personal Appearance All employees must maintain a neat and well groomed appearance, wearing any uniform or other appropriate business apparel. Section 8:Professional Conduct (a)Courtesy Employees shall be courteous to the public and fellow employees. An employee’s conduct should always be civil, orderly, and courteous. Employees shall be diplomatic and tactful, controlling their temper and exercise patience and discretion in all situations. Employees should refrain from using coarse, violent, profane or insolent language. __________________________________________________________________________________________ Employee Relations Chapter Page 7 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (b)Conduct Unbecoming or Prejudicial to Good Order An employee’s conduct at all times, both on and off the job, shall reflect favorably on the employee and the City. Unbecoming conduct includes acts that tend to bring the City into disrepute, discredit the employee, or tend to impair or interfere with the operation of the City or employee. (c)Unprofessional Conduct. Inappropriate conduct includes but is not limited to: 1.uncooperative attitude, including, but not limited to, disrespect to a supervisor, co-worker, or the public; 2.conflict of interest; 3.reporting to work/or working under the influence of drugs and alcohol; 4.use of abusive or obscene language; 5.violation of telephone/computer usage/or political activity policy; 6.theft, abuse or misuse of City property or vehicles, violations of traffic laws while driving a City vehicle, failure to report damage or destruction of City property to a supervisor, loaning property or equipment of the City without permission or proper authority; 7.illegal gambling; 8.falsifying records/making false claims; 9.fighting; 10.sabotage; 11.deliberate damage to City property; 12.acceptance of a bribe; 13.mishandling cash or other City property; 14.discriminatory attitude or prejudice concerning another person to include gossip; 15.conviction of a felony or a crime of moral turpitude, and/or arrests that bring __________________________________________________________________________________________ Employee Relations Chapter Page 8 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 discredit to the City or otherwise threaten to interfere with the City operations; 16.acts during duty hours which are incompatible with public service; 17.falsification or destruction of official records or documents, or use of official position for personal benefit, profit, or advantage; 18.when duly and properly called as a witness before any City board,appeals board, state or federal judicial or administrative tribunal, and when before such tribunal, failing to answer truthfully any question concerning performance of official duties with the City; 19.failure to report an occupational injury or accident during the shift on which it occurred; 20.absence due to incarceration; 21.use of any form of physical abuse of the public, supervisors, or other employees, or making threats to the public supervisors, or other employees; 22.violating any lawful official regulation or order or failing to obey any proper directive made and given by a superior officer; 23.guilty of disgraceful conduct; 24.careless or negligent with the monies or other property of the City; 25.failure to pay or make reasonable provisions for future payment of debt to such an extent that such failure is detrimental to the work relationship; 26.use or threatening of use, or attempt at use of personal or political influence to secure employment benefits, including but not limited to, promotion, leave of absence,transfer, change of pay rate, or character of work; 27.violating the established procedures during an examination process or obtaining information, through unauthorized or illegal means, which provides an unfair advantage on an examination; 28.failure to acquire a valid license, registration, or certification when such license, registration, or certification is required and specified in the specification for the class to which the position occupied by the employee is classified; and/or 29.wasted time, inefficiency, and/or loitering during working hours. __________________________________________________________________________________________ Employee Relations Chapter Page 9 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Immoral Conduct An employee shall at all times maintain high standards of moral conduct in personal affairs and shall not be a participant in any incident involving moral corruption that may impair the employee’s ability to perform as a City employee or cause the City to be brought into disrepute. Section 9:Other Standards (a)Identification An employee must furnish their name, job title, and department name to any person requesting that information as a result of actions taken by the employee in the course of City business. Employees may be required to obtain an official, City-issued identification and have it available for inspection during business hours. (b)Examinations and/or Tests Upon order of the department director for matters related to duty performance and investigations authorized by law, an employee shall submit to any medical, chemical, drug, alcohol, ballistics, or other test, polygraph, fingerprinting, or counseling program, and shall sign any related authorization forms. (c)Horseplay/Rough Play No employee shall engage in horseplay or rough play while on the job or in any City facility. Injuries as a result of horseplay/rough play are not considered within the scope of employment and may not be covered under worker’s compensation. (d)Fighting An employee shall not engage in unnecessary violence or harassment toward any person, except where authorized by law, even in the event of provocation. (e)Firearms and Lethal Weapons Except for employees commissioned by the City of Milton as police officers, City employees are prohibited from possessing firearms while on duty or in any City facility or vehicle, regardless of whether the employee possesses a firearms license. __________________________________________________________________________________________ Employee Relations Chapter Page 10 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (f)Fraudulent Employment No employee shall procure or maintain employment in the City by means of willful misrepresentation or omission of any fact concerning the employee’s personal history, qualifications for employment or physical condition. (g)Tobacco free Environment Consistent with the public health concerns addressed by the adoption of the Georgia Smokefree Air Act of 2005, all City enclosed buildings and vehicles are hereby declared to be smoke-free areas. In addition, based upon the maintenance and cleanliness issues presented by the uses of smoke-less tobacco that gives rise to increased facilitated costs and resulting public health concerns, all City enclosed buildings and vehicles are hereby declared to be tobacco-free areas as well as any area or vehicle that is within the view of the public. No employee shall engage in conduct in violation of this policy. __________________________________________________________________________________________ Employee Relations Chapter Page 11 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 B.DISCIPLINE Section 1:Policy Statement The City of Milton believes that each employee wants to provide quality public service by meeting high standards of job performance and conduct and by following established policies, procedures, regulations, and practices. The primary purpose of disciplinary action is to correct or prevent the recurrence of employee performance or conduct that is detrimental to quality job performance or the interest of the citizenry, the employee, the City or other employees. The City’s discipline policies emphasize the employee’s responsibility for the consequences of their own behavior with a focus on communicating expectations for changes in behavior and needed improvement. When an employee’s conduct results in deficiencies in job performance or violations of law, City regulations or rules, it is the policy of the City to take appropriate action to improve and/or correct the conduct or performance or, if necessary, remove the employee from the City workforces through application of the standardized disciplinary options and procedures in this chapter. Section 2:General Provisions (a)Level of Discipline Disciplinary action will be consistent with the nature of the deficiency or infraction involved and with other relevant factors. In reaching a decision as to the level of discipline to be applied, the supervisor should consider such factors as the type and severity of the infraction, the results of the infraction, the employee’s work record, prior disciplinary actions, and any mitigating circumstances which may be relevant to the situation. (b)Format & Location of Actions All disciplinary action should be documented in writing. All appeals by employees must be in writing. All responses to,and decisions on,appeals must be in writing. (c)Progressive Discipline While it is expected that disciplinary action options be exercised progressively, the nature of the deficiency or violation in any particular situation may preclude the exercise of a less severe discipline option. Typical disciplinary actions may include oral or written warning, suspensions (with or without pay), training and termination. __________________________________________________________________________________________ Employee Relations Chapter Page 12 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Suspension of Exempt Employees Except in the case of a major safety violation, any suspension of an exempt employee must be made in full week increments only. Major safety violation suspensions may be made in full day increments. (e)Disciplinary Options Only Department Heads are authorized to demote or terminate employees with the authority delegated by the City Manager. The department head or a designee may suspend employees. STEP USE RESPONSE / APPEAL Counseling An informal discussion between a supervisor and employee about the need to improve minor performance problems or as a reminder about violation of a minor rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Oral Reprimand An oral warning/instruction from the supervisor to the employee about the need to improve performance deficiencies or about violation of a rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Written Reprimand A written warning/admonishment from the supervisor to the employee about the need to improve performance or about a rule violation. Documents kept in Human Resources Employee has five days to appeal to the Department Director or through the chain of command to the next level supervisor. Appeal does not go beyond the next level of supervision of the supervisor issuing the appeal. Suspension Relief from duty for a specified amount of time. Requires coordination with Human Resources and the City Attorney. Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five day to appeal to the City __________________________________________________________________________________________ Employee Relations Chapter Page 13 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Documents kept in Human Resources Manager. The final decision rests with the City Manager. Demotion Reduction in rank or classification consistent with deficiency of the violation. This is not an option for probationary employees. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five days to appeal to the City Manager. The final decision rests with the City Manager. Dismissal Involuntary separation of employee from City employment. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five days to appeal to the City Manager. The final decision rests with the City Manager. Probationary employees do not have appeal rights to dismissal. __________________________________________________________________________________________ Employee Relations Chapter Page 14 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 C.GRIEVANCES Section 1:Policy Statement The City of Milton is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, or question receives a timely response. The City strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect and are encouraged to offer positive and constructive criticism. If employees disagree with established rules of conduct, policies, or practice, they may express their concern through a grievance process. No employee shall be penalized, formally or informally, for voicing a complaint in a reasonable, professional manner using the grievance process. While a formal grievance process is in place, employees are encouraged to first informally discuss any issue with their immediate supervisor. Section 2:General Provisions (a)Scope The grievance procedure provides an avenue for any eligible employee to obtain management review of work-related issues that are felt to adversely affect the employee, for which no other means of response, review, appeal or resolution for is provided in this handbook. Grounds for submission of a grievance include: 1.Unfair application, interpretation or violation of City or department regulations; 2.Acts of retaliation as a result of utilization of the grievance process. (b)Statement of Grievance At each step in the process, the written grievance must include the following: 1.A statement of the grievance and the facts upon which it is based; 2.A description of the specific wrongful act and harm done to the grieving employee, and 3.A statement of the remedy or adjustment sought. __________________________________________________________________________________________ Employee Relations Chapter Page 15 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Section 3:Grievance Steps (a)Step One –Department Director The employee should first seek to resolve the issue informally. If unable to do so, the employee should file a written grievance to the Director of Human Resources and the Department Director within five working days of the incident or when the employee became knowledgeable of the incident. The Department Director will attempt to resolve the matter and submit a written response to the employee within five working days after receipt. Note: In public safety departments, it is expected that grievances follow the chain of command. Under no circumstances will a grievance be allowed to extend beyond 25 business days. (b)Step Two –City Manager If the Department Director is unable to resolve the grievance or the response is unacceptable to the employee, the employee must within five (5) working days of receiving the response, present the written grievance to the City Manager. Within ten (10) days of receipt of the grievance, the City Manager or their designee will investigate the grievance and respond in writing to the employee. The City Manager’s decision is final. Section 4:Areas Not Grievable The following areas are NOT grievable: (a)Issues which are pending or which have been concluded by other administrative or judicial procedures; (b)Management’s rights to assign work and/or establish work processes; (c)Budget allocations and expectations and organizational structure, including the persons or number of persons assigned to particular jobs or units; (d)The content or rating of a performance evaluation; (e)The selection of an individual by the Department Head or City Manager to fill a position through appointment,promotion, or transfer, except when the employee can show adverse effect because of unlawful discrimination; (f)Any matter which is not within the jurisdiction or control of the City; (g)Internal security practices established by the City Manager and/or City Council; and __________________________________________________________________________________________ Employee Relations Chapter Page 16 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (h)Decisions, practices, resolutions or policies made or passed by the City Council or City Manager. __________________________________________________________________________________________ Employee Relations Chapter Page 17 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 D.WORKPLACE DISCRIMINATION & HARASSMENT Section 1:Policy Statement It is the policy of the City of Milton that harassment and discrimination of any kind will not be tolerated and complainants will be protected from reprisal. Employees and non-employees are encouraged to come forward confidentially to discuss any situation that they deem inappropriate. The City of Milton expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Improper interference with the ability of City of Milton employees to perform their expected job duties is absolutely not tolerated. Section 2:Discriminatory Harassment The EEOC’s definition of harassment is unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, sexual preference or disability, or that of his/her relatives, friends, or employees, and that (a)has the purpose or effect of creating an intimidating, hostile, or offensive working environment; (b)the purpose or effect of unreasonably interfering with an individual’s work performance; or (c)otherwise adversely affects an individual’s employment opportunities. All employees, supervisors, and elected officials/department heads are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. Any form of harassment related to an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status, is a violation of this Policy and will be treated as a disciplinary matter. For purposes of this Policy, the term “discriminatory harassment” shall be construed consistent with applicable law and may include, but is not limited to, any of the following. (a)Offensive remarks, comments, jokes or slur pertaining to an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status; (b)Offensive pictures, drawings, posters, photographs, reading materials, computer monitors, or other tangible items, or communications including e-mail, that are reasonably offensive or that reasonably exploit an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status,citizenship, sexual orientation, or other protected group status; __________________________________________________________________________________________ Employee Relations Chapter Page 18 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (c)Threatening reprisals based on an employee’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status; or (d)Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance and/or conduct that creates an intimidating, hostile or offensive working environment. Section 3:Sexual Harassment (a)Definition The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as a form of sex discrimination that violate Title VII of the Civil Rights Act of 1964, including and not limited to, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1.Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2.Submission to or rejection of such conduct by an individual is used as the basis for an employment decision, and 3.Such conduct has the purpose or effect to interfere with an individual’s work performance or creates a hostile or intimidating environment. (b)Quid Pro Quo Quid Pro Quo literally means “this for that” and exists when submission to, or rejection of, such conduct is used as a basis for employment decisions such as raises or promotions or affects public services. (c)Hostile Environment Hostile Environment includes any lewd sexual conduct, pictures, words, or touching that interferes with a person’s job performance or creates an intimidating, offensive working or public service environment even if there are no occurrences of tangible or economic loss. (d)Prohibited Behavior Behavior prohibited by this policy can include but is not limited to unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, sexually suggestive gestures or facial expressions, sexual remarks about a __________________________________________________________________________________________ Employee Relations Chapter Page 19 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 person’s clothing or body, exhibiting sexually explicit publications or materials, kissing, touching, and sexual contact. Section 4:Complaint Procedure & Investigation If an employee feels that this policy has been violated, regardless of whether it is by a fellow worker, a supervisor, or a member of the general public, the employee should ask the offender to immediately stop the behavior. The employee will then report the incident(s) immediately to their department director and the Director of Human Resources. If the Director of Human Resources is involved in the behavior, the report should be made to the City Manager or designee. Any supervisor who receives a complaint related to harassing or offensive behavior or who has reason to believe that such behavior is occurring shall report these concerns to the Director of Human Resources or to the City Manager or designee. At any point, the employee who feels they have been harassed, may go outside the chain of command or their department and go to the Human Resources Department or the City Manager or his/her designee. All reports of harassing or offensive behavior will be investigated promptly, fairly and discreetly. Investigatory procedures may vary from case to case depending upon the circumstances. The investigation will be conducted as confidentially as possible. All employees have a responsibility both to cooperate fully with the investigation and to keep the matter confidential whether the employee is the accused person, the complainant or merely a potential witness. Persons who are interviewed are prohibited from discussing the matter outside the course of the investigation with co-workers, friends or management. The City will keep the information it gathers as confidential as possible, consistent with state and federal laws and the needs of the investigation. Section 5:Corrective Action If management concludes that a complaint of harassment has merit, appropriate action will be taken. Resolutions can include, but not necessarily be limited to, an apology, a transfer, direction to stop the offensive behavior, counseling or training, verbal or written warning, suspension with or without pay or termination. In the event that harassment or offensive behavior reoccurs, it should immediately be reported to the Director of Human Resources or to the City Manager or designee. Any employee found to be acting in a harassing manner will be subject to disciplinary action up to and including termination. Non-employees may be reported to the appropriate law enforcement agency and/or barred from the premises. __________________________________________________________________________________________ Employee Relations Chapter Page 20 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 E.SUBSTANCE ABUSE &DRUG AND ALCOHOL TESTING Section 1:Policy Statement The City has a vital interest in maintaining a safe, healthy, and efficient working environment free from the adverse effects of employee drug and alcohol abuse. Employee drug and alcohol abuse poses serious safety and health risks to the user, and to those who work or come in contact with the user in the workplace. Accordingly, the City does not and will not tolerate any employee’s consumption, possession, sale, distribution or making arrangements to distribute, manufacturing or presence in the body of illegal drugs or alcoholic beverages on City work time, while on City or customer property (including in personal vehicles while on City property or offsite at customer property during City work time), during lunch or breaks when an employee is scheduled to return to work, while in City vehicles, while offsite during attendance at training or meetings in connection with an employee’s work for the City and/or while using, occupying, performing or engaging in any activity on City property and facilities. The City further expresses its intent, through this policy, to comply with Federal, State and local laws and regulations that relate to the maintenance of a workplace free of illegal drugs and alcohol.If possession of an illegal substance is necessary in the course of a police investigation, the Police Chief may grant a waiver to this policy for a finite period of time. Section 2:Application This policy applies to all City employees (whether full-time or part-time), volunteers, interns, and any other individuals performing services on the City’s behalf, whether paid or unpaid. For purposes of this policy section, all such persons shall be referred to herein as City employees. Visitors, vendors, and contractors are governed by this policy to the extent they are on City Premises or in City vehicles and will not be permitted to conduct business if found to be in violation of this policy. Section 3:Definitions For purposes of this Substance Abuse and Drug and Alcohol Testing Policy (the “Policy”), the following definitions apply:\ (a)Alcohol or Alcoholic Beverages Any beverage or substance that contains alcohol manufactured for the primary purpose of personal consumption, including, but not limited to, beer, wine, and distilled spirits. __________________________________________________________________________________________ Employee Relations Chapter Page 21 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (b)City Premises Includes all property, facilities, land, platforms, buildings, structures, fixtures, installations, parking lots, and vehicles, whether leased or used by the City of Milton government or its officials, managers, supervisors, employees, or other agents. This definition also includes locations other than city offices, including all other locations of city-sponsored recreational, social, or educational events, and any place where a City of Milton employee is located while traveling to or from such location in the course and scope of his duties on behalf of the City, including an employee’s own vehicle when the employee is using it on city business, or when the vehicle is parked on city property. This definition shall not be interpreted to imply that the City assumes or accepts responsibility for any wrongful, tortious, negligent or criminal acts of any person whom it employs when such person is not acting pursuant to a city supervisor’s instruction in furtherance of the City’s business, nor shall it constitute a waiver of any immunity which the City of Milton or its officials or employees might have under federal, state or local laws or ordinances. (c)Illegal Drugs (includes Controlled Substances) Any drug or substance the law prohibits individuals from manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, selling, or otherwise transferring, including, without limitation, all drugs listed as controlled substances under Title 16 of the Official Code of Georgia Annotated. This definition encompasses any measurable amount of any drugs or controlled substances such as amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or other drugs made unlawful under Federal or State laws, or a metabolite of any such substances, “look-alikes,” “designer drugs” having the same or similar psychotropic effects, unauthorized alcoholic beverages, marijuana, hallucinogens (whether natural or synthetic), inhalants, unauthorized prescription drugs, or authorized drugs which are not prescribed for a verifiable medical condition and/or are not used in strict accordance with this policy and with the prescribing physician’s instructions, or any other substances that are mood-altering, mind or consciousness-affecting, or which are likely to have an effect upon a person’s perceptions, sensations, thought processes, self-awareness, emotions, or other mental or physiological or psychological reactions or behavior. It also includes urinaids or other substances, natural or synthetic, of a similar nature or purpose designed or used to alter a urine specimen or to conceal illicit chemical substances or other metabolites in an initial screening test. __________________________________________________________________________________________ Employee Relations Chapter Page 22 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (d)Impaired The condition of being weakened, diminished, or damaged, or of functioning poorly, incompetently, uncontrollably, or with less control or ability, due to the consumption, use, or abuse of illegal drugs, controlled substances, and/or alcohol, or if the employee’s drug test results indicate the presence of an illegal drug or controlled substance in an amount that constitutes a positive test under accepted scientific standards. (e)Legally Obtained Drug Includes prescription drugs and over-the-counter medications. (f)Over-The-Counter Medication Includes any drug or substance that does not require a prescription, but which has the capacity to affect a person physically, mentally, or emotionally or which could otherwise affect a person’s ability to perform. (g)Prescription Drug Any drug or substance that is attainable only by lawful prescription from a licensed physician. (h)Reasonable Suspicion A belief based on objective facts sufficient to lead a prudent person to conclude that a particular city employee has used, consumed, is impaired by, or is under the influence of illegal drugs, controlled substances, and/or alcohol. Reasonable suspicion must be directed at a specific person and must be based upon specific and articulable facts and the logical inferences and deductions that can be drawn upon such things as observable phenomena, such as direct observation of the possession or use of an illegal drug, controlled substance, and/or alcoholic beverage, or the direct observation of physical symptoms of being impaired by or under the influence of illegal drugs, controlled substances, and/or alcohol, such as slurred speech, unsteady gait, a pattern of unusual or abnormal conduct or erratic behavior, odor of the employee, information provided by a reliable and credible source, and/or involvement in a work-related accident, and/or deviation from safe working practices. __________________________________________________________________________________________ Employee Relations Chapter Page 23 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 (i)Safety-Sensitive Positions Positions of employment with the City where a lapse of judgment or impaired physical/mental ability in performing any essential job function could reasonably result in a significant threat of harm to the employee, fellow employees, citizens, inmates, or others. Safety-Sensitive Positions include, but are not limited to, those which, as a part of the essential job functions, (1) require the performance of law enforcement duties as a POST-certified law enforcement officer; (2) require or involve possession of a firearm; (3) require or involve providing emergency medical, rescue, or fire suppression services; (4) require or involve interacting with incarcerated persons; (5) require or involve interacting with persons who are on probation for drug charges; (6) directly involve the enforcement of drug laws; (7) directly involve access to, the handling of or the testing of illegal drugs that have been seized by, confiscated by or taken into custody by law enforcement; (8) require or involve performing duties essential to drug interdiction; (9) primarily require or involve maintenance or operation of a motor vehicle, motorized equipment, heavy machinery or heavy equipment; (10) require the holding of a commercial driver’s license; and (11) require or involve performing duties which directly affect public health or safety. Section 4:Prohibitions The City prohibits all City employees from engaging in the following conduct or behavior while performing City business, while on City property or City premises, while on customer property performing city business, while in use of city property, or while operating or riding in a city vehicle and/or conductingcity business: (a)The use or consumption of illegal drugs, controlled substances, and/or alcohol; (b)The possession of illegal drugs, controlled substances, and/or alcohol; (c)The abuse of prescription medications and over-the-counter medications; (d)Being impaired by and/or under the influence of illegal drugs, controlled substances, and/or alcohol; (e)The manufacture, sale, purchase, transfer, dispensing of, and/or distribution of illegal drugs, controlled substances, prescription medications, and/or alcohol; and/or (f)The use of City property to store, conceal, or transport illegal drugs, controlled substances, and/or alcohol. __________________________________________________________________________________________ Employee Relations Chapter Page 24 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 Section 5:Use of Legally Obtained Drugs The abuse and/or inappropriate use of legally obtained drugs while on the job, while performing City business, while on City Premises, while in operation of a City vehicle, or while in operation of any other equipment or vehicle in performance of City business is prohibited and shall constitute grounds for disciplinary action, up to and including termination. The following policies shall apply to the use of use of legally obtained drugs: (a)City employees must not be on the job, on call, on City Premises, operating a City vehicle, or operating any other equipment or vehicle while in performance of City business while impaired due to any drug, legal or illegal, that renders the City employee unfit for duty. An employee is “unfit for duty” if, in the City’s opinion, the employee’s use of legally obtained drugs jeopardizes his or her ability to work safely and efficiently. (b)A City employee who is using legally obtained drugs must notify his or her immediate supervisor of any and all known or experienced symptoms and probable adverse side effects that may render the employee unfit for duty. An employee’s failure to so notify the City constitutes grounds for disciplinary action, up to and including termination. A City employee is not expected to notify the City of legally obtained drugs that are unlikely to render him or her unfit for duty. (c)City employees using legally obtained drugs while on the job shall do so in strict accordance with physician and/or manufacturer’s directions. It is the employee’s responsibility to notify the prescribing physician of the duties required by the employee’s position and to ensure that the physician approves the use of the prescription medication while the employee is performing his or her duties. (d)Any prescription medication brought onto City or customer property or taken aboard City vehicles must be retained in its original container labeled with the names of the employee and the prescribing physician. (e)No City employee may take another person’s medication. Section 6:When Drug Testing is Required (a)Job Applicants for Safety-Sensitive Positions All applicants for full-time and part-time Safety-Sensitive Positions of employment with the City will be tested for drugs after a conditional offer of employment has been extended. No such applicant or new hire shall be permitted to report for duty until the results of the drug test are obtained. All applicants for temporary full-time and temporary part-time Safety-Sensitive Positions of __________________________________________________________________________________________ Employee Relations Chapter Page 25 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 employment will be tested for drugs after a conditional offer of employment has been extended. (b)Transfers to Safety-Sensitive Positions City employees who are transferred, reclassified, promoted, or demoted from a non-Safety-Sensitive Position into a Safety-Sensitive Position will be tested for drugs before performing any job duties in the new position. (c)Reasonable Suspicion All City employees will be subject to immediate testing when there is reasonable suspicion that the employee has used or misused drugs or alcohol in violation of this policy. Any City employee who is required to take a reasonable suspicion test will be immediately placed on administrative leave without pay pending the results of the test and confirmation of the results. Supervisors or directors who suspect that an employee is under the influence of drugs or alcohol shall document all credible evidence on the Reasonable Suspicion Incident Checklist provided by the Human Resources Department and shall seek confirmation of the observations from the Director of Human Resources or another employee with Reasonable Suspicion training before transporting the employee for testing. A reasonable suspicion test may be required based upon, but not limited to the following: 1.the personal observation of the City employee’s job performance, appearance, behavior, speech, or odor by the trained individual creating a reasonable suspicion that the City employee has used drugs or alcohol in violation of this policy; 2.personal observation of the City employee by another individual who has fully disclosed the observation to the City; 3.observation of the City employee by a nurse or physician engaged in the treatment or evaluation of a work-related injury who has disclosed such observations to the City; 4.information from a law enforcement agency received by the City. 5.specific and objective facts indicating that a city employee’s drug or alcohol use may have caused or been a contributing factor to an on-duty motor vehicle accident. The following facts, if present, may independently or collectively, depending upon the circumstances, give rise to reasonable suspicion in this instance: __________________________________________________________________________________________ Employee Relations Chapter Page 26 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 a.the appearance, behavior, speech or odor of the City employee immediately prior to or after the accident; b.the City employee left the scene or attempted to leave the accident scene without legal authority or permission to do so; c.the City employee acted contrary to a safety rule, established safety practice or otherwise engaged in demonstrably unsafe behavior for which there is no reasonable explanation; d.the City employee was arrested or received a traffic citation; e.the City employee or any person received medical attention as a result of the accident; and f.the City employee has been involved, as a contributing factor, in a pattern of repetitive on-duty accidents whether or not they involved actual or potential injury. 6.specific and objective facts indicating that a City employee’s drug or alcohol use may have caused or been a contributing factor to an on-duty accident involving the use of motorized equipment, heavy machinery or heavy equipment. The following facts, if present, may independently or collectively, depending on the circumstances, give rise to reasonable suspicion in this instance: a.the appearance, behavior, speech or odor of the City employee immediately prior to the accident; b.the City employee left the accident scene or attempted to leave the accident scene without legal authority or authorization to do so, or failed to report the accident to the appropriate individual or otherwise attempted to keep appropriate persons from learning about the accident or the extent of the accident; c.the City employee acted contrary to a safety rule, established safety practices or otherwise engaged in demonstrably unsafe behavior without a reasonable explanation; d.the City employee or any other person received medical attention as a result of the accident; and e.the City employee has been involved as a contributing factor in a pattern of on-duty accidents whether or not they involved actual or __________________________________________________________________________________________ Employee Relations Chapter Page 27 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 potential injury. Additionally, any untrained supervisor or director may require a reasonable suspicion test(s) for drugs or alcohol when a trained supervisor or director or the Director of Human Resources has reviewed the underlying facts and agrees that reasonable suspicion exists to require a test. (d)Required Testing After Certain Accidents Drug and alcohol testing must be performed within policy guidelines when any City employee holding a safety-sensitive position, while in operation of a City vehicle, equipment, or heavy machinery, or while in operation of any other vehicle or equipment while in the performance of City business, is the apparent cause of an accident that results in: (1) a fatality; or (2) a citation issued to the City employee; or (3) an injured person requiring immediate medical treatment; or (4) damage to City property; or (5) damage to any other property. Alcohol and drug test(s) required after any of the above accidents shall be completed within eight (8) hours of such an accident. This testing is to be performed in addition to any drug or alcohol test(s) that may be ordered by law enforcement authorities. The involved City employee must report immediately for testing, or be subject to disciplinary action, up to and including termination. (e)Random Testing All City employees holding Safety-Sensitive Positions will be subject to random drug testing, as follows: 1.tests will be ordered on a random, unannounced basis from the pool of identified City employees holding Safety-Sensitive Positions. 2.a random selection method and test rates as adopted by the Director of Human Resources will be used to select City employees, thereby allowing each city employee an equal chance of being tested each month. Random selection test rates are subject to change as determined by the Human Resource Director. This selection will be facilitated and monitored by the City’s occupational medicine provider. 3.a city employee’s name will remain in the pool after being selected so that every employee will have an equal chance of being tested each time selections are made. Therefore, it is possible that a city employee holding a Safety- Sensitive Position who is randomly selected for testing may be randomly selected again during the same year. __________________________________________________________________________________________ Employee Relations Chapter Page 28 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 4.Human Resources will notify the supervisor or director when an employee has been selected through the random process. The employee will report to the testing facility taking with them the Chain of Custody Form. The supervisor or director is not to inform the associate that he or she has been chosen for the test until immediately prior to the time the employee is given their notice. 5.City employees are allowed to continue working pending the results of the test. If the testing facility notifies the City that the City employee has produced a confirmed positive sample, Human Resources will contact the appropriate director with the results. 6.all information received by the City of Milton as a result of any testing procedure is considered confidential but may be entered into evidence or disclosed in any civil action or administrative proceedings when the information is relevant to the City’s defense in any such action or proceedings. (f)After-Care Testing Persons in Safety-Sensitive Positions returning to work from an approved treatment program for drug or alcohol abuse may be subject to unannounced testing at the discretion of the Director of Human Resources for a period of one (1) year following the City employee’s return to work. (g)Return to Duty Testing All City employees in Safety-Sensitive Positions who are absent from work for more than thirty (30) days, for any reason, or following any workers’ compensation leave, medical leave, or short term disability leave shall be tested for drugs immediately upon returning to work and before performing any job duties. Section 7:Procedures for Testing (a)Alcohol screening will be conducted using a federally approved evidential breath- testing device or the use of a swab/saliva test performed by an approved independent medical facility. In the event that it is not reasonable under the circumstances to conduct an alcohol test based on a breath test or a swab/saliva test, the City reserves the right to test for the presence of drugs or alcohol by a blood test analysis. (b)All drug tests shall be administered and accounted for by an approved laboratory and/or medical facility that are operating in compliance with the U.S. Department of Health and Human Services (DHHS). Testing will involve an initial screening __________________________________________________________________________________________ Employee Relations Chapter Page 29 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 test(s) and confirmation of positive tests by gas chromatography/mass spectrometry (GC/MS) analysis, or other test(s) that are approved by the DHHS for screening and confirmation of drugs or alcohol in a person’s system. Tests will be certified, to the fullest extent possible under the circumstances, by a laboratory approved by the DHHS. (c)All positive test results for drugs will be interpreted by a physician approved by the City as a medical review officer (MRO) before the results are reported to the City. Prior to notifying the City, the MRO will make reasonable efforts to contact the City employee for the purpose of allowing the City employee to offer an alternative medical explanation for the positive test result. If the MRO is able to contact the applicant or City employee and determine there is a legitimate medical explanation for the positive test, the result will be communicated as negative to the City. The MRO’s inability to contact the applicant or city employee before providing test results to the City will not void the test results or make the test results unusable in any subsequent disciplinary action. An applicant or city employee who fails to respond to an inquiry by the MRO within forty-eight (48) hours of such inquiry shall have waived his or her opportunity to offer an alternative medical explanation for the positive result or to request confirmation testing.Because the City employee is present for interpretation of an alcohol test, the procedure concerning prior notification by the MRO is not applicable.A MRO will not be used when a blood test for alcohol is conducted. (d)Upon notification by the MRO of a confirmed positive result for drugs, the City employee may request, within three (3) calendar days of such notification, that the remaining portion of his/her specimen undergo a second confirmation test at his/her expense at a DHHS laboratory of his/her choice. If the test conducted by the laboratory selected by the City employee is negative for the presence of drugs, a third test may be made at the City’s sole expense at a separate DHHS facility of its own choosing. The results of the third facility will be determinative. If the results from the third facility are negative, all prior positive tests will be disregarded and shall not be the basis for any disciplinary or adverse action. This option of a confirmation test is contingent upon there being enough of the specimen remaining to allow for a confirmation test. (e)Any City employee ordered to be tested based upon reasonable suspicion, shall be immediately removed from duty, escorted to the testing facility, and taken home (unless other suitable arrangements have been made to transport the City employee). Under no circumstances will the City employee be allowed to drive himself or herself home. The City employee shall be suspended without pay pending the results of the test and any confirmation tests, if applicable. If the positive test is explained or negated by the MRO and/or subsequent confirmation __________________________________________________________________________________________ Employee Relations Chapter Page 30 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 testing, the City employee shall be reinstated with backpay and the suspension without pay will be expunged from the City employee’s personnel file. Section 8:Investigation of Prohibited Drug and Alcohol Use and Searches All City-issued, City-owned or City-leased equipment, property, and facilities, including, but not limited to, desks, workstations, file cabinets, lockers, vehicles, computer equipment, or any other property or equipment owned, leased, or provided by the City is subject to inspection at any time and for any reason. No employee shall have any privacy interest whatsoever in any City-issued, City-owned or City-leased equipment, property and facilities. If a search uncovers evidence of City employee wrongdoing, illegal activity, or City employee violations of City rules or policies, the evidence may be used to support disciplinary action, up to and including termination. In cases involving suspected illegal activities, the evidence may be turned over to appropriate legal authorities. The City also reserves the right to conduct searches on city property of city employees and/or their personal property when, in the city’s view, there is a reasonable suspicion that a City employee is buying, selling, transporting, or otherwise in possession of illegal drugs or controlled substances on the City’s property or during working time. A refusal to submit to, or cooperate with, a search may result in immediate discipline, including discharge. (a)Consent for testing Prior to date of hire, all City employees and job applicants are required to sign a consent form consenting to any and all frequency of drug and/or alcohol test(s) set forth in this policy and permitting the release of test results to the City and/or the MRO. Signed consent forms shall be kept on file by the Human Resources department and are enforceable for the duration of employment. (b)Refusals to undergo testing The City has a zero tolerance policy regarding test refusals. As such, any City employee so refusing to immediately proceed as directed will be subject to disciplinary action including termination from employment. Other actions that constitute a test refusal occur when a City employee: 1.fails to appear for any test (excluding pre-employment) within a reasonable time, as determined by the City, after being directed to do so by the City; 2.fails to remain at the testing site until the testing process is complete; __________________________________________________________________________________________ Employee Relations Chapter Page 31 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 3.fails to provide a urine, breath, saliva or blood specimen for any drug or alcohol test required; 4.in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of his/her provision of a specimen; 5.fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; 6.fails or declines to take a second test the City or collector has directed the City employee to take; 7.fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process; 8.fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational or obstructive way that disrupts the collection process; refuses to be escorted to the designated collection site when so directed, is physically absent resulting in the inability to conduct testing). 9.City employees who refuse to submit to a test or test positive for alcohol or illegal drugs may be disqualified for unemployment compensation benefits. 10.City employees who refuse to submit to a test, or test positive for alcohol or unlawful drugs following a workplace injury may be disqualified for workers compensation benefits. (c)Confidentiality All reports of test results for drug and alcohol, searches, or any employee referral, or participation in an assistance program or treatment program for addictive disorders, will be maintained in strict confidence. Any person authorized to have access to such confidential information, who, without authorization, discloses it to another person shall have engaged in gross misconduct and be subject to severe disciplinary action, up to and including, termination. The confidentiality of such information shall not apply to any use by or communication to the City’s attorneys, or where the information is relevant to the City’s defense in an administrative proceeding or civil action. Such information may also be disclosed to the extent required by any federal, state or local law, statute, ordinance or regulation. (d)Discipline for Violations of Policy __________________________________________________________________________________________ Employee Relations Chapter Page 32 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 1.Immediate Suspension A City employee who tests positive for drugs or alcohol shall immediately be relieved from duty, placed on suspension without pay, and sent home pending disciplinary action. If the positive test is explained or negated by the MRO and/or subsequent confirmation testing, the City employee shall be reinstated with backpay and the suspension without pay will be expunged from the City employee’s personnel file. 2.Disciplinary Action A City employee who violates any provision of this policy is subject to discipline, up to and including termination. If terminated, the City employee will not be eligible for rehire for a minimum period of two (2) years. 3.Immediate Termination The following reasons shall be presumed to result in immediate termination of a City employee: a.manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, or selling, or otherwise transferring an illegal drug(s) or controlled substance(s) while on the job, on call, on City property, while operating City equipment or vehicles, or while operating any other equipment or vehicles on City business. b.operating City motorized equipment while unfit for duty due to the use of drugs and/or alcohol. c.conviction for violation of any drug law. d.refusing to consent to or to take a drug or alcohol test pursuant to this policy. e.failure to appear at the designated collection site to take a drug or alcohol test when so directed. f.a confirmed positive test for drugs or alcohol. (e)Employee Assistance Program (EAP) The City cares about the health and well-being of its employees and recognizes that a variety of personal problems can disrupt their personal and work lives. __________________________________________________________________________________________ Employee Relations Chapter Page 33 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 While many employees solve their problems either on their own or with the help of family and friends, sometimes employees need professional assistance and advice. The City will maintain an Employee Assistance Program (EAP) that provides confidential access to professional counseling services for help in confronting personal problems such as alcohol and other substance abuse, marital and family difficulties, financial or legal troubles, and emotional distress. The EAP is available to all City employees and their immediate family members offering problem assessment, short-term counseling, and referral to appropriate community and private services. 1.The EAP is strictly confidential and is designed to safeguard your privacy and rights. Information given to the EAP counselor may be released only if requested by you in writing. All counselors are guided by a Professional Code of Ethics.Personal information concerning employee participation in the EAP is maintained in a confidential manner. No information related to an employee's participation in the program is entered into the personnel file. 2.In certain situations, an employee’s supervisor may make a direct referral to EAP.Supervisors will undergo training to discuss EAP services and identify issues that may warrant a supervisory referral to EAP. 3.The following information will be made available to the supervisor making a directed referral: a.the City employee kept or did not keep the appointment with the EAP counselor; b.the City employee did or did not complete the EAP recommended treatment/assistance; c.a referral for treatment/assistance was made by an EAP counselor and was accepted or rejected by the City employee; and/or d.the City employee did or did not complete the EAP recommended treatment/assistance. 4.A City employee's failure to successfully complete the treatment plan or to release the information regarding his/her participation may result in disciplinary actions. 5.There is no cost for City employees to consult with an EAP counselor. If further counseling is necessary, the EAP counselor will outline community and private services available. The counselor will also let City employees know whether any costs associated with private services may be covered by __________________________________________________________________________________________ Employee Relations Chapter Page 34 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/12 their health insurance plan. Costs that are not covered are the responsibility of the City employee. 6.City employees desiring assistance or consultation through EAP are encouraged to contact EAP directly or Human Resources for further information regarding an EAP counselor.