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HomeMy WebLinkAbout06-03-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, June 3, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-131) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 20, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-132) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 3, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the Acquisition of Temporary Construction Easements and Permanent Drainage Easements for the City of Milton from Property Owners Juan P. Gnecco/Elvira C. Gnecco, and Laura Glover Thatcher/William Bradford Thatcher, Jr . (Agenda Item No. 13-133) (Carter Lucas, Director of Public Works) 3. Approval of a Professional Service Agreement between the City of Milton and Frontline Surveying & Mapping, Inc. for the Deerfield Park Topographic Survey. (Agenda Item No. 13-134) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Recognition for Memorial Day Essay Contest Finalists. (Presented by Councilmember Bill Lusk) 7) FIRST PRESENTATION 1. Consideration of RZ13-11 – To Adopt a New Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses). (Agenda Item No. 13-135) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-12 – To Amend Chapter 64, Zoning Ordinance, Article I, in General, Section 64-1 Definitions as it Pertains to Rowhouses (Townhouses). (Agenda Item No. 13-136) (Kathleen Field, Community Development Director) 3. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4-168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption within the Fixed Boundaries of the Physical Area where the Special Event is Authorized by Licensed Premises Located Entirely within that Fixed Boundary. (Agenda Item No. 13-137) (Ken Jarrard, City Attorney) 4. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 13-138) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 3, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Grand Champion BBQ, LLC Located at 12635 Crabapple Road, Suite 210, Milton, GA 30004. The Applicant is Robert G. Owens, III for Consumption on Premises - Malt Beverages. (Agenda Item No. 13-139) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the Historic Preservation Commission for the City of Milton by Appointing a Board Member At Large. (Agenda Item No. 13-140) (Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing a Member to the City of Milton Planning Commission by Appointing a Board Member for District 2/Post 1. (Agenda Item No. 13-141) (Mayor Joe Lockwood) 3. Consideration of a Professional Services Consulting Agreement between the Cities of Milton, Alpharetta, Sandy Springs, Roswell and Commdex Consulting to Provide Project Management for the Unified Radio System. (Agenda Item No. 13-142) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-143) The minutes will be Provided electronically HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MItTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of Temporary Construction Easements and Permanent Drainage Easements for the City of Milton from Property Owners Juan P. Gnecco/Eivira C. Gnecco, and Laura Glover ThatcherlWilliam Bradford Thatcher, Jr. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting, BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED (} NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: YES (} NO CITYATTORNEY REVIEW REQUIRED: (KYES (} NO APPROVAL BY CITY ATTORNEY OAPPROVED NOTAPPROVED PLACED ON AGENDA FOR: D f0 0 3 2 REMARKS: k�T ®...,' Youlm _ '�rse�ri Ar PHONE: 678.242.25001 FAX: 678.242.2499 mac[ info@cityofrniltpnga.us I www,cltyofmiltongQ.us Community ! Tarp !hx l�u!•.S'..s!a.-.+sit .'.%rr3 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — CERTIFIED BROnZE — * Certified * city �f ' 5 Ethics y To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on May 16, 2013 for the June 3rd, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of Temporary Construction Easements and Permanent Drainage Easements for the City of Milton from Property Owners Juan P. Gnecco/ Elvira C. Gnecco, and Laura Glover Thatcher/William Bradford Thatcher, Jr. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: These Temporary and Permanent easements are required in order to complete and maintain the Landrum Road Bridge Replacement project. Council has previously approved a Construction Services Agreement with North Georgia Concrete, Inc. to complete the construction of this project. Funding and Fiscal Impact: No funding is required for these easements. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 3/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Temporary Construction Easement – Laura Glover Thatcher and William Bradford Thatcher, Jr. 2) Easement Agreement for Drainage Areas – Laura Glover Thatcher and William Bradford Thatcher, Jr. 3) Temporary Construction Easement – Juan P. Gnecco and Elvira C. Gnecco. 4) Easement Agreement for Drainage Areas - Juan P. Gnecco and Elvira C. Gnecco. Please return to: City of Milton 13000 Deerfield Parkway suite 1070 Milton, Ga. 30004 STATE OF GEORGIA COUNTY OF FULTON TEMPORARY CONSTRUCTION EASEMENT R") THIS INDENTURE made this day of 20between Juan P. Gnecco and Elvira C. Gneeco (hereinafter referred to collectively as "GRANTOR"), and the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, (hereinafter referred to as "Grantee"), ("Grantor" and "Grantee" to include their respective heirs, successors, executors, administrators, legal representatives and assigns where the context requires). WITNESSETH THAT: GRANTOR, for and in consideration of the sum of One and No/100 Dollar in hand paid at and before the sealing and delivery of these presents, and by these presents, grants unto the Grantee a nun -exclusive easement over, under, upon, and across the following describers property (the "Temporary Easement Property"): TO -WIT 1350 square feet of Temporary Construction Easement located in Land Lot 955 of the 2"4 District, 2A Section of Fulton County, Georgia, as further described in Exhibit "A," attached hereto and incorporated herein by reference and shown in cross hatch as that 90' x 15' area labeled "Temp. Const. Easement 0.031 acres". THE PURPOSE of this easement is to allow Grantee, or its agents, to construct improvements to the stormwater drainage system, as shown on Exhibit "A" (the "Drainage Facilities"). The duration of this easement shall be for 3 months from the date above. The easement granted herein and use thereof are subject to the following terns and conditions: (a) In performing any construction, repair and/or maintenance activities pennitted hereunder, Grantee shall minimize any damage to the Temporary Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Temporary Easement Property and shall immediately restore the Temporary 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 Temporary Easement Property until said grass has been permanently established, and the repairing of any drives, streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All construction, repair and maintenance activities conducted on the Temporary 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 shalt 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 Temporary Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the construction, use, maintenance and repair of the Drainage Facilities. IN WITNESS WHEREOF the Grantor has signed and sealed this easement the day and year above written. Signed, sealed and delivered in the presence of: ,�Lal� TWitness (Date) r No ry (Da -t Commission expires: 2bi l GRANTOR: Juan ecco �jv - Flvira C.J cC0 Exhibit `=A" Temporary Construction Easement Legal Description: All that tract of land or parcel of land lying and being located at 855 Landrum Road in Land Lot 955, District 2, Section 2, City of Milton, Fulton County, Georgia being more particularly described as follows: "From the centerline of Landrum Road tan existing gravel road), at the center of the existing bridge span over a tributary to Cooper Sandy Creek, extending west a distance of forty feet (401) and cast a distance of fifty feet (50') along the length of Landrum Road, and along such ninety foot (90') length extending away from the centerline of Landrum Road a distance of fifteen feet beyond the existing edge of right-of-way on the south side of the road." The total area of said easement is 4.031 acres (1350 square feet). c.�Nk�f o� N 4 i l5 t ,RUM ROAD After recording, return to: Paul N. Higbee, Jr. Jarrard Lac Davis, LLP 105 Pilgrim Village Drive Suite 200 Cumming, Georgia 300040 EASEMENT AGREEMENT FOR DRAINAGE AREAS 0 THIS EASEMENT AGREEMENT FOR DRAINAGE AR S (hereinafter referred to as this "Agreement') is made this day of , 20 , by and between Juan P. & Elvira C. Gneeco (hereinafter referred to as the "Grantor"), and The City of Milton, Georgia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Cirantor is the owner of certain real property lying and being in Land Lot 355 of the 2"d District, 2`1 Section of Fulton County, Georgia, said real property being located at 855 Landrum Road, City of Milton, Fulton County, Georgia (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 described on Exhibit "A" attached hereto and incorporated herein by reference and shown in cross hatch as that 50' x 15' area labeled "D.E. 0.0172 acres" (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 ($10.00) 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 of Access Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual non-exclusive easement of access, ingress, egress, passage and use, for both vehicular and pedestrian traffic, on, over, across, and upon the Easement Property 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, non-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 Grantee, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Easement Property for the purpose of conducting such inspection of and/or maintenance on the Drainage Facilities as may be reasonable and necessary. 3. Conditions and Dbli rations 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 fcrtiliiing of any disturbed portions of the Easement Property until said grass has been permanently established, 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 snail 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 Easement 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 and Grantee. All obligations of Grantor and Grantee hereunder shA be binding upon their respective successors-itl-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 future 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. irrantor: Juan P. & Elvira C. Gnecco Landrum Road Milton, Georgia 30004 Grantee: City of Milton, Georgia 13000 Deerfield. Parkway Suite 107 Milton, Georgia 30004 With a cony to: 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 (l 0) days prior written notice of the changed address. 8. Entire Agreement. This Agreement constituters 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. Severabili . 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 horst above written. [SIGNATURES ON THE FOLLOWING PAGES] Signed, sealed and delivered in the presence of: t fitness o )Eublit My commission expires: iAl't 1X NOTARIAL SEAL OR STAMP] Signed, sealed and delivered in the presence of: Witness Notary Public My commission expires: [AFFIX NOTARIAL SEAL OR STAMP] GRANTOR: C, Juan P. Gneeco Elvira C. Gn o 91T.-I'Mm City of Milton, Georgia By: Joe Lockwood, Mayor Attest. City Clerk Legal Description: All that tract of land or parcel of land lying and being located at 950 Landrum Road in Land Lot 955, District 2, Section 2, City of Milton, Fulton County, Georgia being more particularly described as follows: "From the centerline of Landrum Road (an existing gravel road), at the center of the existing bridge span over a tributary to Cooper Sandy Creek, extending in both directions twenty five feet (25') along the length of Landrum Road, and alnng such fifty font (501) length extending away from the centerline of Landrum Road a distance of fifteen feet beyond the existing edge of right-of-way on the north side of the road. The total area of said easement is 0.0172 acres (750 square feet). + �] 71 In kii L.�....... ...r T7 )RUAh ROAD t H i r Please return to: City of Milton 13000 Deerfield Parkway Suite 107G Milton, Ga. 30004 STATE OF GEORGIA COUNTY OF FULTON TEMPORARY CONSTRUCTION EASEMENT \1 THIS INDENTURE made this day of 20X between Laura Glover Thatcher and William Bradford Thatcher, Jr. (hereinatter referred to collectively as "GRANTOR"), and the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, (hereinafter referred to as "Grantee"), ("Grantor" and "Grantee" to include their respective heirs, successors, executors, administrators, legal representatives and assigns where the context requires). WITNESSETH THAT, GRANTOR, for and in consideration of the sum of One and No/100 Dollar in hand paid at and before the sealing and delivery of these presents, and by these presents, grants unto the Grantee a non-exclusive easement over, under, upon, and across the following described property (the "Temporary Easement Property"): TO -WIT 1350 square feet of Temporary Construction Easement located in Land Lot 955 of the 2nd District, 2"d Section of Fulton County, Georgia, as further described in Exhibit "A," attached hereto and incorporated herein by reference and shown in cross hatch as that 90' x 15' area labeled "Temp_ Const. Easement 4:03.1' acres". THE PURPOSE of this easement is to allow Grantee, or its agents, to construct improvements to the stormwater drainage 5y5t0n1,AS shown on ]exhibit "A" (the "Drainage Facilities"). The dur•atipn,of this easement shall be for 3 months from the date above. The easement granted herein and use thereof are subject to the fallowing terms and conditions: (a) In performing any construction, repair and/or maintenance activities permitted hereunder, Cirantee shall minimize any damage to the Temporary Easement Property, and, after completing such work, shall remove all debris resulting from such work from the `Temporary Easement Property and shall immediately restore the Temporary 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 Temporary Easement Property until said grass has been permanently established, and the repairing of any drives, streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All construction, repair and maintenance activities conducted on the Temporary 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 Temporary Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the construction, use, maintenance and repair of the Drainage Facilities. IN WITNESS WHEREOF the Grantor has signed and sealed this easement the day and year above written. Signed, sealed and delivered in the presence of. 4 J_ t --7. Witness (Date) Votary (Date) My Comn�igw��iiseys: r r ""F ,co Uta ���++'•+ ',$#oil s►■• GRANTOR - ii Bradfbrd Thatchcr n 4."" lk":' f h-)� ura Glover Thatcher Exhibit "A" Temporary Construction Easement Legal Description; All that tract of land or parcel of land lying and being located at 855 Landrum Road in Land Lot 955, District 2, Section 2, City of Milton, Fulton County, Georgia being more particularly described as follows - "From the centerline of Landrum Road (an existing gravel road), at the center of the existing bridge span over a tributary to Cooper Sandy Creek, extending west a distance of forty feet (401) and east a distance of fifty feet (50') along the length of Landrum Road, and along such ninety foot (90') Length extending away from the centerline of Landrum Road a distance of fifteen feet beyond the existing edge of right-of-way on the south side of the road." The total area of said easement is 0.031 acres (1350 square feet). k w {J1 Q WIDE 13I nKEN'' j STC 1F WAGE l N li f - - WAS L RUM ROAD -71 - -ok=- r rte.. a' ATO? WfLL 14V- )58$ S 2-W1 DF rriC.4J�11 f N`! i5 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 DRAINAGE AREAS (hereinafter referred to as this "Agreement') is made this day of , 2012, by and between Laura Glover Thatcher. and William Bradford Thatcher, Jr. (hereinafter referred to as the "Grantor"), and The City of Milton, Georgia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property lying and being in Land Lot 455 of the 2"d District, 2"1 Section of Fulton County, Georgia, said real property being located at 855 Landrum Road, City of Milton, Fulton County, Georgia (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 described on Exhibit "A" attached hereto and incorporated herein by reference and shown in cross hatch as that 50' x 15' area labeled "D.E. O.Ot72 acres" (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 NO1100 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 of Access EaseMgnt. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual non-exclusive easement of access, ingress, egruss, passage and use, for buth vehicular and pedestrian traffic, on, over, acruss, and upon the Easement Property 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 Draina a Easement. Subject to the terms and conditions provided herein, Urantor does hereby grant to Grantee a perpetual, non-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 cvllectivCly as [he "Drainage Facilities," more specifically descxibed in Exhibit "A"). Grantee, at its sale 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 Grantee, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Easement Property for the purpose of conducting such inspection of and/or maintenance on the Drainage Facilities as may be reasonable and necessary. 3. Conditions and Obligations with Respgct to the Easements. The easement granted herein and use thereof are subject to the following terms and conditions: (a) in performing any repair anchor 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 Easamcnt Property until said grass has been permanently established, 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 Properly 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 Easement 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 and Grantee. 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 accrues/; it being intended that upon the conveyance of title by a party, the party conveying title shall thereupon be released of any future 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. to 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 nutice frarn the complaining parry, 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. loll 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 an the earlier of. (i) when delivered in persvn, (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certiired 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. Sttantor: Laura G, and William B. Thatcher 745 Landrum Road Milton, Georgia 30004 Grantee: City of Milton, Georgia 13004 Deerfield Parkway Suite 107 Milton, Georgia 30004 With a copy to: 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 inabiIity of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was givers, 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 A regiment. 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 provisiclls of this Agre=ment or any portion thereof shal l 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. la. 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 mid year first above written. [SIGNATURES ON THE FOLLOWING PAGES] Signed, sealed and delivered in the GRANTOR; presence of: _ Witness W' am Bradford Tha er, Jr. .,au(a Glover Thatcher My commission exprs;: [AFFIX NOTARIAL::r OR ST4MI'S • •�-1 t• Signed, sealed and delivered in the GRANTEE: presence of: Witness Notary Public. City of Milton, Georgia Joe Lockwood, Mayor My commission expires: Attest: City Clerk [AFFIX NOTARIAL SEAL OR STAMP] Exhibit "A" Easement Legal Description: All that tract of land or parcel of Iand lying and being located at 855 Landrum Road in Land Lot 955, District 2, Section 2, City of Milton, Fulton County, Georgia being more particularly described as follows: "From the centerline of Landrum Road (an existing gravel road), at the center of the existing bridge span over tributary to Cooper Sandy Creek, extending in both directions twenty five feet (25') along the length of Landrum Road, and along guch fifty foot (50') length extending away from the centerline of Landrum Road a distance of fifteen feet beyond the existing edge of right-of-way on the south -side of the road-." The total area of said easement is 0.0172 acres (750 square feet). It , �� I �J71 It U 51•� r'[5 �c WI:� 1 ly fL�h! WAI•_- I 4 I -1 _958 7;S r �. i ._x�,/� ] !�v, Uig, '� �'•t G 6 577r�E �, W M HOME OF `THE BELTON111 ST QUALITY OF LIFE IN GEORGIA' M1 TO: City Council FSlAlii-IS € ICU 2006 CITY COUNCIL AGENDA ITEM DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Service Agreement between the City of Milton and Frontline Surveying & Mapping, Inc. for the Deerfield Park Topographic Survey. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND 1NFORMADON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: k YES CITY ATTORNEY REVIEW REQUIRED: x YES APPRO VAL BY CITY ATTORNEY kAPPROVED PLACED ON AGENDA FOR: (9 � 0113 () NOTAPPROVED () NO () NO {} NOTAPPROVED You=-'- it yk PHONE: 678.242.25001 FAX: 678.242,2499 Gil"@£n :�` *certified* info@cit ofmiiton a.us www.ci ofmilton a.us Community �'�€ Y 9 I t]+ ar1A4 g Nre v+ey ro SLsfamad� [i.r g` _ ceRT�Fi�o ere❑qua 13000 Deerfield Parkway, Suiie 107 1 Milton GA 30004 �� Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on May 17, 2013 for the June 3, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Service Agreement between the City of Milton and Frontline Surveying & Mapping, Inc. for the Deerfield Park Topographic Survey. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Professional Service Agreement between the City of Milton and Frontline Surveying & Mapping, Inc. for the topographic survey of Deerfield Park Executive Summary: Community input has been obtained and a final design of the proposed Deerfield Park is complete. In order to create the construction documents, we need a detailed topographic study to be performed on the property. This contract would fund the study. In 2010, Frontline Surveying & Mapping, Inc. performed the boundary survey for the City of Milton as the purchase of this land was contemplated. Frontline Surveying & Mapping, Inc. was selected to do this work as this is an extension of work they have previously performed and because they are the surveyor of record for this parcel. Funding and Fiscal Impact: The fee of $1,375 is within the budgeted price that was planned for in the FY13 budget. This will be paid with available funds from the Parks and Trail Expansion appropriation in the Capital Project fund. This contract is a key requirement to create the construction documents. Alternatives: There are two alternatives. The first is to negotiate a similar contract with an alternative service provider. The second is to take no action and delay the construction of the park. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis May 13, 2013 Concurrent Review: Chris Lagerbloom Carter Lucas Attachment(s): 1) Deerfield Park Topographic Survey Agreement and SAVE Affidavit (3 copies) MEMO EN1 AB 1.1 f--4 E LD 2000 DEERFIELD PARK TOPOGRAPHIC SURVEY AGREEMENT This Agreement (the "Agreement") is made and entered into this day of , 241, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and FRONTLINE SURVEYING & MAPPING, INC. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rales and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT 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: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a TOPOGRAPHIC SURVEY. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". Yooim- PHONE: 678.242.25001 FAX: 67$,242.2499 infofcffyofmilfnnga.us [ www.cifyofmif#onga.us comma ity 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 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 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 $1,375.00 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform 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. Section 6. Covenants of Consultant A. As ignment of A eement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility far the services rendered in connection with the Work. Consultant shall bear all Tosses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub - consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perforin the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties Page 2 of 11 independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Mr. Thomas E. Peay, Jr shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Page 3 of 11 Section 8. Termination. The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign InunURit . Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E-Verif , Affidavits. 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 Exhibit "C" and "D", that it and Consultant's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Page 4 of 11 Page 5 of 11 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 subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. 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 Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant 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, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant 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). F. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed; national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Page 6 of 11 [SIGNATURES ON THE FOLLOWING PAGE] Page 7 of 11 FRONTLINE SURVEYING B MAPPING, INC. Signature: ! - Title: _ t' S /c- [AFFIX C [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name:0'4143 Page 8 of 11 Ic /`�- 411'j-4 Exhibit "A" Work Description Topographic Survey including trees: A field run 2 -foot contour interval topographic survey will be performed on the entire site plus an additional 25 feet in all directions. Elevations will be based on mean sea level. All main features of the topography along the strips will be noted including but not limited to the following; (All creeks, streams, ditches, lakes; pipes, curb lines with top and gutter elevation). Contours shown will be based on random traverses and spot elevations will be taken at an approximate 50' grid pattern to insure such an accuracy that not less than 90% of the contours shown will be out of vertical position by more than % of the contour interval according to State of Georgia Law. Trees 12" and above will be shown along with trees designated by the owner. Frontline Surveying and Mapping, Inc. will show the location of underground utilities as taken from existing as -built maps and county drawings and the location of visible above ground structures and such will be shown on the surveys above. Although every effort will be taken to ensure the correct location of utilities let it be understood that the location of such underground utilities is not a exact science and should still be considered approximate; Utilities may be encountered that are not shown and they may be in a different position than shown. This service does not relieve the contractor of the responsibility to call the underground utility protection center before any construction begins. Page 9of11 Frontline Surveying & Mapping, Inc. Exhibit "B" Insurance Certificate Page 10 of 11 FRONS01 OP ID: PE CERTIFICATE OF LIABILITY INSURANCE DATE `MON YYY) o3r1 13118 ar13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS GMTIPICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATO OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING €NSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF"TE HOLDER, IMPORTANT: If the cortlflcate holder is an ADDITIONAL INSURED, the poIIcy (lea) must he andorsad. If SUBROGATION IS WAIVED, sub]act to the terms rind ooInd] tfona DI the polIoy, Cartaln policies may require ao andomemant. A altntement on this carfiticate does not confer rights to tho cortlfivate holder In llau of such endorsament s . PROALICIIR 770-.428.1566 WDrley, Schilling a Randall 7725 8i301 '145 N. Fairground St. Marietta, GA 30680IL Benjamin 3, Warlay or TACT ,aMk _ HoNe Ale N Ext : I I",NEIL. ° CPP2202217.00 D7423M1 07123113 IN9UMOB) Ar•FORDINGCOW RAGE MAIC# rNSURHR A : Grange Mutual Casuak Go. 14060 INSURED Frontline Surveying & Mapping INSURaR R I The Hartford 22351 PMB 272 3555 Canton Fact, Ste. 116 rNSUROR0 TRAVELERS INS CO AUTONDRILL".I•IAOEL7'iY X ANYAMD ALL OWNED AUTOSLLFO _ HIRED AUTOS N04-OWNE AUTOS Marietta, GA 30086 INSURERDom__ 1NgURER I:: 0712BI13 1NORF: 130DII Y INJURY (Par peraix)) 4 r`nVPPArAFC (:.MMMCIr'ATF Mj jMn F!?• DMIH21CnNl Tri IRARPIR• THIS IS TO 65RTIFY THAT THE POLI60,- or INSURANCL LISTED BL:LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATER NOTVVIT14STANDING ANY RERUIREMENI'l',"TERM OR CONDITION OF ANY CONTRACT OR ETHER DOCUMEN IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE 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 SHi7A IN MAY HAVE BEEN REDUCED BY PAIL) CLAIMS, 1 BR TYPE OF INSURANCE INRR wun PUUOYNLJMBER NIiNIpD7YYYY ]d LIAYYYP LUTs A 00IML LNIRIIJYY jcammERcIAL GENERAL LWRILITY OLAIM134MDE K PCCUR CPP2202217.00 D7423M1 07123113 _ LACH10CC:31KRENCE 1,{JOO, ODD : m a 100,000 ME[) EXP (Any one arson) S 6,400 PERRONIAL & ADV INJURY S 1,000,000 3EWRALAGGRRECATE 8 2,Deo,DeO 4EN'L ACORFGATE LI>4T APPLIES FER: Poucr E71 El Ln PRODUCTS - CONIFfDP AGO 2,OUI1,004 �~ s A AUTONDRILL".I•IAOEL7'iY X ANYAMD ALL OWNED AUTOSLLFO _ HIRED AUTOS N04-OWNE AUTOS CPP2292217.09 07123112 0712BI13 NOWT n' SINGLE rr 8 1,ao0,DOt7 130DII Y INJURY (Par peraix)) 4 SODILY INWURS PFR•fYLiWdAGE�� S Peraocld t S A ,1( UN,L1RrLLA LIAR ExcEss Lm Y. OCCUR CLAIMS-K0F X CUP -229221"0 OW23112 07123113 EACH OCCURRENCE S 1,000,00 AQIQRE%ATF $ DW I X I RETE 7Lows g 13 YVQftICERS GpMPENSRTION AH D 12 PLOYPRS' UARIUTY ANY PROPRIETO@IP-ARTNERMECUTI1+E YIN FF O,C:ERNEAfBER EXCLUMM 71 (Myaensdelnry In Nil) L7E&GRIWTIPNO OFCRAT DNS W w NIA. 20WECPK6804 01108!13 01106114 W4 6 ATU• 0"1-fF - E,L,EACHACCIDENT 3 4,000,000 _--- E.L DIsamr •IEA UMPLDYSP s 1,i1D01000 E. L. DISEASE - POLIGYIIMrT € 100,000 C Professlonal Liab iluticn Liab � 106.237570 1105237570 02116113 UVIN13 02/16114 02AW14 1~&O & x,oav,a Pollution DESCMPTNIN AIF OPE RAMNSILDCATIDN8I V5111 6 (A![wh ACORD 101, AddWonEk Renwrlra Sulredule, lrmore opaaa I%roqulred) C;1=RiIFIGK EHVLLILft LiANULLLAIIUN I-5RE001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SIE CANCEUE D BEPORE TM EXPIRATION TE THEREDIF, NOTLS RGalty Group ACCOPbANCE WITH THE POLI CYPROVISION5E ILL. BE DELIVERED IN. Attn: Lulea C. Arrington 4418 Van Nuys Blvd., #203 ALITHCRLLEJ MPRUI=NTATW Sherman Oaks, CA 331403 '�* - CEJ 1888-2010 ACORD CORPORATION. An rlUhts reservers. ACQRD 26 (2010106] Tha ACORD name and foga are registered marks of ACORD Frontline Surveying & Mapping, Inc. STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONSULTANT AFFIDAN7IT 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. 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 d Authorized Of is Agent Date Frontline Surveyin Mapping, Inc. Title of Authorized Officer or Agent of Contractor 4C Printed Name of Authorized Officer o Agent SUBSCRIBED AND SWORN BORE ME THIS THE DAY CGS-- 201 Notary P4bhc Myo issio Expires. ti �f CHERYL ANN DEL K NOTARY PUBLIC Cobb County - State of Georgia My Comm. Expires OCt, 4 2,014 Page 11 of 21 Frontline Surveying & Mapping, Inc. 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 Frontline Surveying & Mapping, 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 Authorized Officer or g t Date r JK ' Insert Subcontractor Name ' 1 ' Pk-- <-- / ce--o Title ofAuthorizedOfficer or Agent of Subcontractor Printed Name of Authorized Officer or Ageht SUBSCRIBED AND SWORN B FORE ME ON THIS THE T Y OF , 201 6nvt nk Notaroublic My Commission Expires: Page 12 of 11 r we CH p ARyy PUBL1C� Cobb CourftY - State of Georgia M COMM EXPITS GCt. 4, 2Q14 Frontline Surveying & Mapping, Inc. EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON 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) 1 am a legal permanent resident of the United States. 3} I am a qualified alien or non-immigrant under the Federal h rnigration 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 �mQh�' �� (city), (state). ature of Applic 7� Sits-t,L Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OFa "aw 6 P�C j L ANN oaLK NOT PUBLIC NOTARY PUBUC ;CobbGousity -State of Georgia My comm Expires .'_014 Page 13 of 11 00 HpME aF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON* TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-11 -- To Adopt a New Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 — Rowhouses (Townhouses), MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED { } NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: � YES ()NO CITY ATTORNEY REVIEW REQUIRED:] YES () NO APPROVAL BY CITY ATTORNEY {APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: [0 OS 13 REMARKS: © You,,- r den � *G-mified* PHONE: 678.242.25001 FAX: 678.242.2499 ° �ommun'rt * City of info@cltyofmIItonga.us I www.c1tynofmiItonga�.-us ry� �S t�ni y �+Ethits��+� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE - ��L� Page 1 of 2 To: City of Milton Planning Commission From: Kathleen Field, Community Development Director Date: Submitted May 23, 2013 for the June 17, 2013 Regular Meeting (June 3, 2013 First Presentation and June 10, 2013 for Council Work Session) Re: RZ13-11 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses) RZ13-12 – To amend Chapter 64, Zoning Ordinance, Article 1. In General, Sec 64-1 Definitions as it pertains to Rowhouses (Townhouses) Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The current Deerfield/Hwy 9 Form Based Code allows for the development of Rowhouses (Townhouses) with a Use Permit within certain Transect Zones and developed within a mixed use development. The required Use Permit does not apply to the Crabapple Form Based Code based on the fact that it has been determined there should be higher density residential promoted in the Crabapple area. In addition, there are areas in the Deerfield/Hwy 9 that are encouraged to develop mixed use developments where Rowhouses (Townhouses) are only a portion of the overall development. A new Use Permit for Rowhouse (Townhouse) is needed. The attached proposed Use Permit meets this requirement. Staff notes that the normal public hearing process is required and is NOT an Administrative Use Permit. In addition, Staff has included “Rowhouse” to be synonymous with “Townhouse” within Sec. 64-1. There are existing definitions within the Form Based Code Definitions for Rowhouse/Townhouse. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (May, 2013) Page 2 of 2 Concurrent Review: None Attachment(s): Text Amendment and Ordinance for RZ13-11 and RZ13-12 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ13-11 AN ORDINANCE TO ADOPT A NEW USE PERMIT WITHIN ARTICLE IX, DIVISION 5, MISCELLANEOUS USES, SECTION 64-1840 – ROWHOUSES (TOWNHOUSES), CHAPTER 64 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 June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to adopting a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses), and; SECTION 2. That by adopting this new Use Permit, will provide additional development standards to be followed within the Deerfield/Hwy 9 Form Based Code Overlay District, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of June, 2013. __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-11 – Text Amendment prepared for the Mayor and City Council Meeting on June 3, 2013 (First Presentation). Sec. 64-1840 Rowhouses/Townhouses (a) Required districts. Deerfield/Hwy 9 Form-Based Code Overlay District (b) Rowhouse/Townhouse as defined in Article 6, Definition of Terms in the Deerfield/Hwy 9 Form-Based Code Overlay District. (c) Standards. (1) Rowhouses/Townhouses shall not be located adjacent to properties designated T-2 as designated on the Regulating Plan. (2) The maximum number of attached Rowhouse/Townhouse units in a building shall be eight. (3) Rowhouses/Townhouses shall only be permitted subject to use permit, and only on sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions within the T4-Open, T5, and T6 Transect Zones. (4) Rowhouse/Townhouse rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. (5) Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. (6) No more than three adjacent Rowhouse/Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. (7) Rowhouses/Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single-Family houses. 02/c) HOME OF `THEBEST QUALITY OF LIFE IN GEORGIA'LT0N*1 M I TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-12 —To Amend Chapter 64, Zoning Ordinance, Article I, in General, Section 64-1 Definitions as it Pertains to Rowhouses (Townhouses). MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages If necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: x YES {�CITY ATTORNEY REVIEW REQUIRED: YFS APPRO VAL B Y C1 TY A TTORIIIEY PLACED ON AGENDA FOR: REMARKS: 0 APPROVED { } NOT APPROVED { } NO { } NO { } NOT APPROVED © YOU[M. e PHONE: 678.242.25041 FAX: 67$.2.42.2.499 E r � I -G ree h .. * � of infaC�cltyofmiltonga.us 1 www.cliyoftniltonga.us COmmun�ty Erhi�s Leaernp we 55'By m suargrneWe Ding 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CfRTEPIfO BRONZE -- �eL Page 1 of 2 To: City of Milton Planning Commission From: Kathleen Field, Community Development Director Date: Submitted May 23, 2013 for the June 17, 2013 Regular Meeting (June 3, 2013 First Presentation and June 10, 2013 for Council Work Session) Re: RZ13-11 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses) RZ13-12 – To amend Chapter 64, Zoning Ordinance, Article 1. In General, Sec 64-1 Definitions as it pertains to Rowhouses (Townhouses) Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The current Deerfield/Hwy 9 Form Based Code allows for the development of Rowhouses (Townhouses) with a Use Permit within certain Transect Zones and developed within a mixed use development. The required Use Permit does not apply to the Crabapple Form Based Code based on the fact that it has been determined there should be higher density residential promoted in the Crabapple area. In addition, there are areas in the Deerfield/Hwy 9 that are encouraged to develop mixed use developments where Rowhouses (Townhouses) are only a portion of the overall development. A new Use Permit for Rowhouse (Townhouse) is needed. The attached proposed Use Permit meets this requirement. Staff notes that the normal public hearing process is required and is NOT an Administrative Use Permit. In addition, Staff has included “Rowhouse” to be synonymous with “Townhouse” within Sec. 64-1. There are existing definitions within the Form Based Code Definitions for Rowhouse/Townhouse. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (May, 2013) Page 2 of 2 Concurrent Review: None Attachment(s): Text Amendment and Ordinance for RZ13-11 and RZ13-12 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ13-12 AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) AS IT PERTAINS TO “ROWHOUSES (TOWNHOUSES)” CONTAINED WITHIN THIS SECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, definitions of the City of Milton Zoning Ordinance 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 17th day of June, 2013. ______________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-12 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on June 3, 2013 (First Presentation) Sec. 64-1 Definitions Dwelling unit, townhouse, means a dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Dwelling unit, rowhouse. See Dwelling unit, townhouse. HOME DF'THEBEST QUALITY OF LIFE IN GECRGIA'LTON*k M1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4-168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption within the Fixed Boundaries of the Physical Area where the Special Event is Authorized by Licensed Premises Located Entirely within that Fixed Boundary. MEETING DATE: Monday, June 3, 2613 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (A APPROVED {) NOT APPRO VED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED: {k YES () NO APPROVAL BY CITY ATTORNEY ( APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 3 REMARKS: E * PHONE: 678.242.25001 FAX: 578.242.2899 Green Ce,,ifi,dr�nrr�x Comunit City of info@eityofmiltonga.us 1 www.cifyofmilfongmus eY,r�., Siz,a x, .r� y Ethics �}6�� 13000 Deerfield Parkway, Suite 107 1 Millon GA 30004 — CERTIFIED BRONZE — Page 1 of 2 To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on May 15, 2013 for the June 6, 2013 Regular Council Meeting (June 13, 2013 Council Work Session and June 17, 2013 Regular Council Meeting) Agenda Item: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4- 168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption within the Fixed Boundaries of the Physical Area where the Special Event is Authorized by Licensed Premises Located Entirely within that Fixed Boundary ______________________________________________________________________________ Department Recommendation: The Communications (including Special Events) Department recommends approval of the above listed text amendment as discussed below. Executive Summary: The Crabapple Fest, to be held Saturday, Oct. 5, 2013 will be a partnership between the non- profit Crabapple Community Association and City of Milton. This expanded festival will include both the 10,000-person antique and art festival and the 3,000-person Milton Roundup entertainment stage, children’s activities and games spread out over Crabapple and Broadwell roads. Organizers of the festival have requested a mechanism by which the businesses located within the special event boundary could, during the hours of festival operation, sell alcoholic beverages for open air consumption. The City Attorney has drafted language so that only the licensed businesses located entirely within the boundaries of a special event would be able to sell alcohol. They would need first to be licensed to sell alcohol at their physical location and apply for the special event permit. This ordinance could be used to allow other special event consumption, as well, as downtown brew fests and other such festivals have proven popular in the surrounding community. Page 2 of 2 Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Ken Jarrard – Jarrard & Davis (May, 2013) Concurrent Review: None Attachment(s): Text amendment and Ordinance. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES SEC. 4-168, TEMPORARY SPECIAL EVENT LICENSE (POURING PERMIT) TO ALLOW, DURING THE TERM OF A SPECIAL EVENT, OPEN CONTAINER CONSUMPTION WITHIN THE FIXED BOUNDARIES OF THE PHYSICAL AREA WHERE THE SPECIAL EVENT IS AUTHORIZED BY LICENSED PREMISES LOCATED ENTIRELY WITHIN THAT FIXED BOUNDARY BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 4-168, temporary special event license (pouring permit) 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; and SECTION 3. That this ordinance shall become effective upon its adoption. ORDAINED this 17th day of June, 2013. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Milton, Georgia, Code of Ordinances Page 1 ARTICLE III. - TEMPORARY AND SPECIAL EVENTS LICENSES Sec. 4-167. - Temporary licenses. Sec. 4-168. - Temporary special event license (pouring permit). Secs. 4-169—4-177. - Reserved. Sec. 4-167. - Temporary licenses. (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) A written application for the same is filed with the city manager. (2) An application for a permanent license, together with payment in full of the fee thereof, has been deposited with the city manager. (3) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (4) The denial of a temporary license would create undue hardship upon the applicant, suc h as the closing of an existing business or delaying of the opening of a new business. (5) There is payment of the fee prescribed by this section. (6) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be as established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 6), 12- 6-2007; Ord. No. 11-08-108, § 1, 8-1-2011) Sec. 4-168. - Temporary special event license (pouring permit). (a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit may be issued to any person for a period not to exceed ten days in any one year for an approved special event. The person must make an application and pay the fee that may be required from time to time by city council ordinance and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Milton, Georgia, Code of Ordinances Page 2 kitchen requirement. Notwithstanding any other term or prohibition in this Ordinance, the holder of a Temporary special event license may be authorized, upon terms and conditions identified by the City Manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized, any other holder of an on-premise consumption license whose licensed premise is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. (b) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (c) Criteria for issuance. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event through the city's community development department prior to the issuance of a temporary pouring permit. (2) The special event must be associated with and benefit the cause of a charitable or civic organization. (3) The special event must receive approval from the city police department on crowd control and security measures. (4) The special event must receive approval from the city department of transportation, traffic operations section, on traffic control measures. (5) The location at which the special event is to take place must be properly zoned and approved by the city planning and community development departments. (6) The premises at which the special event is to take place must be approved by the city manager. (c) Employee or volunteer excepted. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. (d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 6), 12- 6-2007; Ord. No. 11-08-108, § 1, 8-1-2011) Secs. 4-169—4-177. - Reserved. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON% TO: City Council E S -1'A R 1. IS I I�. U 2006 CITY COUNCIL AGENDA ITEM DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED {) NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: { YES ()NO Cl TY A TTORNE Y REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY *APPROVED { } NO T APPRO VED PLACED ON AGENDA FOR: REMARKS: To� ® youm- _ PHONE: 078.242.25001 FAX: 678.242.2499 WINNER Info@cityofmilfonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 Green Community * cen=ria city or E :.. ma WO, - GERTMED BRONZE •-• S�� M Page 1 of 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on May 20, 2013 for the June 3, 2013 Regular Council Meeting (First Presentation) and June 17, 2013 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 5, 2013, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-5 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $70,029.17 and General Run-Off Election fee of $33,612.42 will be included in the FY2014 budget. This fee will be maintained by Fulton County in a separate election account. Within 120 days after the election or run-off election, Fulton County will furnish a refund of any excess fees. Alternatives: N/A Legal Review: Ken Jarrard – Jarrard & Davis (May 15, 2013) Concurrent Review: Ken Jarrard, City Attorney Chris Lagerbloom, City Manager Attachment(s):  Ordinance of the City Council to Authorize Fulton County to Conduct Election  Agreement between the City of Milton and Fulton County Authorizing Fulton County to Conduct Election Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular se ssion on June 17, 2013 at 6:00 p.m. as follows: WHEREAS, on November 5, 2013, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: 1. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 17th day of June, 2013. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joe Longoria, Councilmember Lance Large, Councilmember (District 3/Post 1) (District 3/Post 2) GEORGIA FULTON COUNTY: THIS AGREEMENT entered into between the City of Milton, a municipal corporation lying wholly or partially within the County of Fulton, Georgia, hereinafter referred to as "City", and FU LTON COUNTY, apolitical subdivision of the State of Georgia hereinafter referred to as "County". WITNESSETH: WHEREAS, City in the performance of its governmental functions will hold the election hereinafter described; and, WHEREAS, under the provisions of the Georgia Municipal Election Code, particularly Section 21-2-45(c) of the Official Code of Georgia, Annotated, City may by ordinance authorize County to conduct such election and City has heretofore adopted such an ordinance: NOW, THEREFORE, in consideration of the premises contained herein, it is hereby agreed as follows; 1. This contract shall govern the conduct of the following election hereinafter referred to as "election," City of Milton General Election to be held on Novembers, 2013 and the City of Milton General Runoff Election to be held on December 3, 2013. 1 N The Fulton County Board of Registration and Elections shall operate as the "Superintendent" of the aforementioned election and shall perform any and all functions of the City or any of its officials in connection with the conduct of such election or runoff thereof, except as hereinafter provided. 3. The cost of such elections shall be in accordance with the budget attached hereto as Exhibit "A" and made a part hereof by reference. City agrees to pay County the original sum of $70,029.17 for the City of Milton General Election and $33,612.42 for the City of Milton General Runoff Election, to be maintained in a separate election account with all expenses and charges in connection with the election to be recorded and paid from said account. City shall remit said funds to County upon execution of this contract by all parties involved. Within one hundred twenty (120) days after the date of the election or any run- off election related thereto, whichever is last to occur, County shall furnish to City a complete statement showing all costs and expenses incurred in the election and refund any excess in the election account or collect any deficit which may be in said account. After this time, all other invoices (reasonably incurred with respect to the election) received will be forwarded to the City for payment. 2 Ej The County shall not be financially responsible for any liability resulting from or furnishing of any services in the form of legal opinions or defenses in connection with any litigation arising by reason of the election. All legal services and defenses of litigation required by any Board or person arising from the afore -mentioned election(s) under this contract shall be furnished by the City Attorney for the City. Should the City Attorney for any reason fail to provide the legal services referred to in this paragraph, the Superintendent shall have authority to engage the Fulton County Legal Department at the expense of the City; provided, however, that all requests for legal assistance by the County from the City Attorney to provide such service shall be communicated in writing before the City will be obligated to pay for legal services under this paragraph; provided, further, that the failure of the City Attorney's office to respond to a request made hereunder, within a reasonable time, shall be deemed to be a refusal to furnish such services. County shall notify City in writing of its determination that the City has failed to respond as contemplated hereinabove before incurring legal fees on its own behalf forwhich the City shall be responsible. 5. All decisions concerning the qualifications of candidates shall be determined by the Clerk of Council of the City of Milton in accordance with the provisions of the Municipal Election Code and the Code of Ordinances of the City. 3 M* Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. 7. To the extent allowed by law, the CITY agrees to indemnify, defend and hold harmless FULTON COUNTY with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which FULTON COUNTY may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the CITY andlor its employees. LM To the extent allowed by law, FULTON COUNTY agrees to indemnify, defend and hold harmless the CITY with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the CITY may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the FULTON COUNTY and/or its employees. 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals pursuant to resolutions of their governing bodies duly adapted and entered on the Minutes thereof. CITY OF MILTON (Seal) Attest: Mayor City Cleric APPROVED A5 TO FORM: City Attorney 5 CONTRACTNOV13.MILT FULTON COUNTY APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: Clerk to Commission APPROVED AS TO FORM: County Attorney (Seal) Fulton County Board of Registration & Elections 6 MILTON GENERAL ELECTION - NOVEMBER 5, 2013 EXHIBIT "A" Projected Cost 350-265-2683-1001 SALARIES - OVERTIME (prorated) Admin./Elections/Registration/1.T./ Public Safety/Election Day $4,752.00 350-265-2683-1004 SALARIES - TEMPORARY (prorated) Admin Assts, Drivers, Pall Worker Instructors System Specialists, Record & Document Specialists $27,093.00 1010 SOCIAL SECURITY -SALARIES $31,845.00 $1,970.00 1011 SOCIAL SECURITY -MEDICARE $31,845.00 $460.40 1460 UNEMPLOYMENT INS $31,845.00 $60.00 350-265-2683-1120 RENTAL EQUIPMENT (prorated) Vans, Radios, Tables, Chairs, Cell Phones TOTAL 1120 - RENTAL EQUIPMENT $2,079.00 350-265-2683-1121 RENTAL BUILDINGS Public and Private Facilities TOTAL RENTAL BUILDINGS $1,900.04 350-265-2683-1159 HOURLY FEE PERSONNEL Poll Workers - Training Class Fee $30 3 Dual Manager(s) - $275 plus $30 training fee $915.00 8 Chief Mgr(s) - $250 Pius $30 training fee $2,240.00 22 Asst Mgr(s) - $200 plus $30 training fee $5,060.00 77 Clerk(s) - $175 plus $30 training fee $15,785.00 Election Night Workers @ variable rates (prorated) $686.42 TOTAL 1159 HOURLY FEE PERSONNEL $24,686.42 350-265-2683-1160 PROFESSIONAL SERVICES (prorated) Election Day Technicians & Attorney Fees/Misc TOTAL 1160 PROFESSIONAL SERVICES $733.00 350-265-2683-1178 FEES (prorated) BRE Board Meeting Fees ($50 *5 BRE Members * 2 mtgs) TOTAL BOARD FEES $20.00 350-265-2683-1342 ADVERTISING (prorated) Advertisment of legal notices TOTAL ADVERTISING $10.00 MILTON GENERAL ELECTION -NOVEMBERS, 2013 EXHIBIT "A" 350-265-2683-1346 MILEAGE (prorated) TOTAL 1346 MILEAGE $10.00 350-265-2683-1452 VEHICLE SUPPLIES (prorated) Gasoline TOTAL 1452 VEHICLE SUPPLIES $269.40 350-265-2683-1456 POSTAGE (prorated) Mailing of Absentee Ballots Letters to voters, candidates, poll workers Mailing of Precinct Cards TOTAL POSTAGE $788.00 350-265-2683-1459 PRINTING & BINDING (prorated) Opening & Closing Instructions and SOVC's TOTAL 1459 PRINTING & BINDING $1,014.00 350-265-2683-1461 PHOTOCOPIES (prorated) Sample Ballots & Letter of Instructions TOTAL 1461 PHOTOCOPIES $154.00 350-265-2683-1462 OFFICE SUPPLIES (prorated) Office Supplies, L&A Test Desks, Sample & Ballot Cards TOTAL 1462 OFFICE SUPPLIES $2,105.75 350-265-2683-1475 STOCKPAPER $75.00 350-265-2683-1501 INSURANCE -HEALTH $510.00 350-265-2683-1505 INSURANCE -LIFE $30.00 350-265-2683-1510 INSURANCE -DENTAL $60.00 350-265-2683-1512 INSURANCE -VISION $10.00 350-265-2683-1522-RETIREMATCH $140.00 350-265-2683-1525 PENSION EMPLOYEES $860.00 350-265-2683-1527 DC- CNTR-EPLR $194.00 350-265-2683-1529 DC-CNTR- 2% $50.00 $1,850.00 TOTAL FRINGE BENEFITS GRAND TOTAL MILTON GENERAL ELECTION NOV. 5, 2013 $70,029.17 MILTON GENERAL RUNOFF ELECTION - DECEMBER 3, 2013 EXHIBIT "A" Projected Cost 350-265-2684-1001 SALARIES - OVERTIME (prorated) Admin./Elections/Registration/I.T./ Public Safety/Election Day $2,502.00 350-265-2684-1404 SALARIES - TEMPORARY (prorated) Admin Assts, Drivers, Poll Worker Instructors System Specialists, Record & Document Specialists $10,566.00 1010 SOCIAL SECURITY -SALARIES $13,068.00 $810.00 1011 SOCIAL SECURITY -MEDICARE $13,068.00 $190.00 1060 UNEMPLOYMENT INS $13,068.00 $30.00 330-265-2684-1120 RENTAL EQUIPMENT (prorated) Vans, Radios, Tables, Chairs, Cell Phones TOTAL 1120 - RENTAL EQUIPMENT $1,181.00 350-265-2684-1121 RENTAL BUILDINGS Public and Private Facilities TOTAL RENTAL BUILDINGS $1,900.00 350-265-2684-1159 HOURLY FEE PERSONNEL Poll Workers 3 Dual Manager(s) @ $275 $825.00 8 Chief Mgr(s) @ $250 $2,000.00 22 Asst Mgr(s) @ $200 $4,440.00 33 Clerk(s) @ $175 $5,775.00 Election Night Workers @ variable rates (prorated) $686.42 TOTAL 1159 HOURLY FEE PERSONNEL $13,686.42 350-265-2684-1160 PROFESSIONAL SERVICES (prorated) Election Day Technicians & Attorney Fees/Mise TOTAL 1160 PROFESSIONAL SERVICES $520.00 350-265-2684-1178 FEES (prorated) BRE Board Meeting Fees ($50 *5 BRE Members * 2 mtgs) TOTAL BOARD FEES $20.00 350-265-2684-1342 ADVERTISING (prorated) Advertisment of legal notices TOTAL ADVERTISING $10.00 MILTON GENERAL RUNOFF ELECTION - DECEMBER 3, 2013 EXHIBIT "A" 350-265-2684-1346 MILEAGE (prorated) TOTAL 1346 MILEAGE $10.00 350-265-2684-1452 VEHICLE SUPPLIES (prorated) Gasoline TOTAL 1452 VEHICLE SUPPLIES $204.00 350-265-2684-1456 POSTAGE (prorated) Mailing of Absentee Ballots Letters to voters, candidates, pall workers Mailing of Precinct Cards TOTAL POSTAGE $281.00 350-265-2684-1459 PRINTING & BINDING (prorated) Opening & Closing Instructions and SOVC's TOTAL 1459 PRINTING & BINDING $44.00 350-265-2684-1461 PHOTOCOPIES (prorated) Sample Ballots & Letter of instructions TOTAL 1461 PHOTOCOPIES $35.00 350-265-2684-1462 OFFICE SUPPLIES (prorated) Office Supplies, L&A Test Desks, Sample & Ballot Cards TOTAL 1462 OFFICE SUPPLIES $620.00 350-255-2684-1475 STOCKPAPER $13.00 350-265-2684-1501 INSURANCE -HEALTH $270.00 350-265-2684-1505 INSURANCE -LIFE $20.00 350-265-2684-1510 INSURANCE -DENTAL $30.00 350-265-2684-1512 INSURANCE -VISION $10.00 354-265-2684-1522-RETIREMATCH $80.00 350-265-2684-1525 PENSION EMPLOYEES $450.00 350-265-2684-1527 DC- CNTR-EPLR $100.00 350-265-2684-1529 DC-CNTR- 2% $30.00 TOTAL FRINGE BENEFITS $590.00 GRAND TOTAL MILTON GEN RO ELECTION DEC. 3, 2013 1 $33,612.42 FULTON COUNTY BOARD OF REGISTRATION AND ELECTIONS 141 PRYOR STREET, S.W., SUITE 4075 !� ^ '• ATLANTA, GA 30303-3460 ,1 404-612-7020 �� f•J- a FULTUH COUNTY April 30, 2013 Ms. Sudie Gordon City Clerk City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Dear Ms. Gordon: RECEIVER ` MAy-92013 CrrY CLERK CITY of mu Tom As requested by your municipality, Fulton County Department of Registration and Elections is prepared and willing to perform the City of Milton General Election on November 5, 2013. There are three (3) original contracts enclosed with the projected cost. If, after reviewing the projected cost for your jurisdiction, you decide to seek election services from another source, please let our office know. All three (3) copies of the contract will need to be signed by the appropriate authority in your municipality. The projected cost is based upon Fulton County Department of Registration and Elections conducting ten (1o) municipal elections and potentially six (b) runoffs. All three (3) executed Agreements must be received in our office no later than close of business on June 3, 2013, in order that we may submit your executed Agreement(s) to the Fulton County Board of Registration and Elections and the Board of Commission for their approval prior to the election. Once approved by the Board of Commission, we will submit a fully -executed Agreement back to you for your records. In addition, please submit copies of the following with the executed Agreements and your check made payable to "Fulton County Director of Finance:" 9 Publication of the Call, qualifying dates and fees 9 Copy of City Charter ➢ Resolution calling the election �= Copy of ordinance authorizing Fulton County to conduct the 2013 Municipal General Election Ms. Sudie Gordon April ga, 201$ Page 2 At or before noon on the third day after the deadline for qualifying, the certified list of qualified candidates should be submitted to this office. Please include the following with your certified list of candidates: A copy of the Notice of Candidacy and Affidavit showing how the candidate desires his/her name to appear on the ballot Number of candidates to be elected per office Indicate whether the election will be a plurality or majority vote The list should be in the order that the off ce(s) are to appear on the ballot and the candidates names should be in alphabetical order by last name within each office. Indicate the incumbent(s) if applicable Your timely attention and cooperation on this matter is greatly appreciated. Should you have questions or need additional information, please do not hesitate to contact Ms. Brenda McCloud, Administrative Coordinator or Mr. Dwight Brower, Elections Chief at 404-512-7020. Sincerely, Sharon E. Mitchell, Interim Director Department of Registration and Elections SEM/bem Enclosures MYOOCUMENMELECTIOMELECTION111CONTLTRU MILTON ®' HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' ktILTONIIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM Ta: City Council DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Grand Champion BBQ, LLC Located at 12635 Crabapple Road, Suite 210, Milton, GA 30004. The Applicant is Robert G. Owens, III for Consumption on Premises - Malt Beverages. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION.- (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (kAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( NO CI TY A TTORNE Y REVIEW REQUIRED: () YES 0 NO APPROVAL BY CI TY A TTORNEY ()APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 0313 REMARKS: ® Youn . ��r-+��".. PHONE: 678.242.25001 FAX: 678.242.2499 rACEAMlllll� 3'VrQ�h * ��- of WINNEII G�ity of , infoC?citynfmiltanga-us I www.cityofmiltonga.us Community ,�L'�h[csLJ, 13000 Deefeld Parkway, Suite 107 1 Millen GA 30004 - CERTMEO BRONZE To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on May 13, 2013 for the June 3, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Grand Champion BBQ, LLC Located at 12635 Crabapple Rd, Suite 210, Milton, GA 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Grand Champion BBQ, LLC for consumption on premises of malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Grand Champion BBQ, LLC Contact Name: Robert G Owens, III Business Address: 12635 Crabapple Rd, Ste 210, Milton, GA 30004 Type of License: Consumption on Premises – Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON, -----k TO: City Council LS[AB LISIIED 2006 CITY COUNCIL AGENDA ITEM DATE: May 23, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the Historic Preservation Commission for the City of Milton by Appointing a Board Member At Large. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED {} NOT APPROVED CITY A TTORNEY APPROVAL REQUIRED: { } YES (A NO CI TY ATTORNEY REVIEW REQUIRED: { } YES (A NO APPROVAL BY CITY ATTORNEY { } APPROVED (j NOT APPRO VED PLACED ON AGENDA FOR: {� 03 1 -L REMARKS: Aq� PHONE: 678.242.25001 FAX: 678.242.2499 ��c�xwrtnr -Green ■ w info@cltyofmilionga.us I www.cityofmiltonga.us xtiMwEs Community -::.cn a,n'..nr v ssrmxvcx � yn1 13000 C7eerfield Parkway, Suite 107 1 Milton GA 30004 CCERTIFIEB BRONZE — * Certified City of ethics J 11s,w 44' STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF MILTON BY APPOINTING A BOARD MEMBER AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on the 3rd day of June 2013 as follows: SECTION 1. That __________ __________ (At Large) is hereby appointed for a term commencing June 3, 2013 and ending December 31, 2013; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 3rd day of June, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MitTO.N* ESTABLISHED 200G CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: May 28, 2013 AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Planning Commission by Appointing a Board Member for District 2/Post 1. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES All NO CITY ATTORNEY REVIEW REQUIRED: () YES 0 NO APPROVAL BY CITY ATTORNEY ()APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: d (aO 3 13 REMARKS: © _# You=.. 4- * — PHONE: 678.242.2.500 1 FARC: 678.242.2499 �` MI+ 'green * C rtifi d lnfo@clltyofmil#onga.us i www.cifyofmiltonga.us � � Community Erni. of 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 -- CERTIFIED BRONZE - STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PLANNING COMMISSION BY APPOINTING A BOARD MEMBER FOR DISTRICT 2/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on the 3rd day of June 2013 as follows: SECTION 1. That __________ __________ (District 2/Post 1) is hereby appointed for a term commencing June 3, 2013 and ending December 31, 2013; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 3rd day of June, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' ImitTON* TO: City Council ESTABLISHED NO -6 CITY COUNCIL AGENDA ITEM DATE: May 24, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Professional Services Consulting Agreement between the Cities of Milton, Alpharetta, Sandy Springs, Roswell and Commdex Consulting to Provide Project Management for the Unified Radio System. MEETING DATE: Monday, June 3, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY A TTORNEY APPRO VAL REQUIRED: � YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: REMARKS: () NOTAPPROVED ()NO (Pt— 1J]I►)y� () NO O NOT APPROVED ® Your �"• PHONE: 678.242.2540 FAX: 67$.242,2499 �. Green ,� ; Info@cityofmlltonga.us I www.cltyofmlltonga.us was Community $ F'h�" i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 � E'RT FiEoT13RON LE Page 1 of 2 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on May 23, 2013 for the June 3, 2013 Regular Council Meeting Agenda Item: Consideration of a Professional Services Consulting Agreement between the Cities of Milton, Alpharetta, Sandy Springs, Roswell and Commdex Consulting to Provide Project Management for the Unified Radio System. ____________________________________________________________________________ Department Recommendation: Approval to award contract to Commdex Consulting. Executive Summary: Acting on behalf of the cities of Milton, Roswell, and Alpharetta, the city of Sandy Springs issued a Request for Proposals (“RFP”) for Unified Radio System Project Management on March 8, 2013. The purpose of the RFP was to solicit proposals for a firm to provide project management services related to the development, implementation and maintenance of a unified radio communications system to serve the cities of Milton, Alpharetta, Roswell and Sandy Springs (“participating cities”). Three proposals were received in response to the RFP from the following firms: ACD Telecom, Commdex Consulting and Kessler Gehman Associates. Evaluation of the proposals was conducted by all of the participating cities. Commdex was determined to be the most responsive, qualified firm to complete the work. In summary, based on the evaluation of proposals, it is the Committee’s conclusion that the proposal submitted by Commdex Consulting had the highest ranking of the proposals submitted and represents the best value to the participating cities and should be awarded the contract. Staff is recommending and supports the City of Sandy Springs’ approval of the Professional Services Consulting Agreement to Commdex Consulting in the amount not to exceed $198,950.89 where Milton’s financial contribution is in the amount not to exceed $30,260.43. Page 2 of 2 Funding and Fiscal Impact: The total amount of the Commdex contract is $198,950.89. The budget for Milton’s share, (15.21%) $30,260.43 is available in the Capital Projects Fund for the radio system. Alternatives: Do not approve. Legal Review: Ken Jarrard – Jarrard & Davis (May 23, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Evaluation Memorandum and Contract Agreement for Professional Consulting Services, Unified Radio System Project Management between the City of Sandy Springs and Commdex Consulting. 1 EVALUATION MEMORANDUM Unified Radio System Project Management RFP13-033 City of Sandy Springs, Georgia 1. Introduction. The City of Sandy Springs (“City”) issued a Request for Proposals (RFP) for Unified Radio System Project Management, RFP 13-033 on March 8, 2013 (“RFP”). The purpose of the RFP was to solicit proposals for a firm to provide project management services related to the development, implementation and maintenance of a unified radio communications system (“Project”) to serve the cities of Alpharetta, Milton, Roswell and Sandy Springs, Georgia (“Participating Cities”). The RFP contained a detailed Statement of Work (“SOW”), which outlined the services deemed necessary and essential to the Cities for the Project. On Friday, April 12, 2013, the City received proposals in response to the RFP from the following three (3) firms (“Offerors”): • ACD Telecom • Commdex Consulting • Kessler Gehman Associates The proposals were examined for administrative compliance with the solicitation submittal instructions, with compliance issues to be documented. No administrative compliance issues were noted. 2. Evaluation. This procurement was led by the City of Sandy Springs. Evaluation of proposals was conducted by an Evaluation Committee composed of representatives of all Participating Cities. The Evaluation Committee was divided into three (3) separate evaluation panels to correspond with the following basic areas of proposal evaluation: (a) Capabilities and Approaches; (b) Performance Confidence; and (c) Cost/Price. Members of each of the three (3) evaluation panels were: • Capabilities and Approaches: o Mark Duke, City of Sandy Springs, Assistant Chief, Sandy Springs Fire Rescue o Carl Hall, City of Alpharetta, Battalion Chief, 911 Operations o Chris Lagerbloom, City of Milton, City Manager o Ed Sweeney, City of Roswell, Captain, Roswell Police Department • Performance Confidence: o David Davidson, City of Roswell, City Attorney o Deborah Harrell, City of Milton, Chief of Police 2 o Tom Patton, City of Alpharetta, Captain, Alpharetta Police Department o Kathy Williams, City of Sandy Springs, City Attorney’s Office • Cost/Price: o Karen Ellis, City of Sandy Springs, Finance Director o Thomas Harris, City of Alpharetta, Finance Director o Stacey Inglis, City of Milton, Assistant City Manager/Finance Director o Keith Lee, City of Roswell, Finance Director Evaluations were performed by the evaluation panels in two (2) phases using the criteria set forth in Section 5 of the RFP. In Phase I, proposals were evaluated based on: • Capabilities and Approaches (an assessment of comparable experience, project team, summary of planned tasks, understanding of project, approach and methods) • Past Performance (an assessment of the Participating Cities’ level of confidence in the Offeror’s ability to successfully fulfill the RFP requirements based on prior projects, factoring in recency, relevance and quality) • Cost/Price In Phase II, formal interviews were conducted to provide each Offeror an opportunity to: (a) make a formal presentation of the Offeror’s proposal; (b) demonstrate the Offeror’s understanding of Project requirements; (c) explain the Offeror’s approach and methods of meeting Project requirements; and (d) respond to any questions or requests for clarification by representatives of the Evaluation Committee. Following completion of Phase II, proposals were given numerical scores based on the considerations stated in Section 5 of the RFP. The Evaluation Committee determined that one (1) of the submitted proposals meets the Project requirements, and therefore has formulated a recommendation for contract award under the RFP. 3. Rating of Proposals. In Phase I, an Offeror’s Capabilities and Approaches proposal was evaluated for technical acceptability and assigned a rating of “Acceptable”, “Reasonably Susceptible of being made Acceptable” or “Unacceptable.” Following formal interviews and completion of Phase II, an Offeror’s Capabilities and Approaches proposal was given a numerical rating consistent with the criteria set forth in Section 5 of the RFP. An Offeror’s Performance Confidence proposal was evaluated based on: (a) the description of past and present performance provided by the Offeror; (b) questionnaire responses provided by the Offeror’s references; and (c) data independently obtained from other sources. The Offeror’s ability to perform the effort described in the RFP was assessed and the proposal was assigned an overall performance confidence rating of “Substantial”, “Satisfactory”, “Limited” or “No” confidence. While not specifically listed as an item appropriate for numerical rating 3 in Section 5 of the RFP, Offerors were required by Section 3 of the RFP to seek and have representatives of prior contracts submit questionnaires in the form attached to the RFP as Appendix B (“Reference Questionnaires”). The Participating Cities utilized these Reference Questionnaires to make a performance confidence assessment of the Offeror. An Offeror’s Cost/Price proposal was evaluated for reasonableness and realism and assigned a numerical rating by evaluators based upon the original submission cost/price. 4. Request for Formal Interviews. On May 10, 2013, following Phase I evaluations, the Evaluation Committee sent letters to all Offerors requesting clarification of certain portions of their proposals and inviting them to meet with representatives of the Evaluation Committee for formal interviews to complete Phase II. On May 13, 2013, ACD Telecom withdrew its proposal from further consideration and would not participate in formal interviews. 5. Formal Interviews. Each of the remaining two (2) Offerors participated in formal interviews, which were held on Wednesday, May 15, 2013. Following completion of Phase II, the panels assigned a numerical score to the proposals in accordance with Section 5 of the RFP. 7. Recommendation. In summary, based on the assessment of proposals described herein, it is the Evaluation Committee’s conclusion that the proposal submitted by Commdex Consulting had the highest ranking of the proposals submitted and represents the best value to the Participating Cities and should be awarded a contract in the amount of $198,950.89 for Unified Radio System Project Management under the RFP. SANDY s G E O R G I A CONTRACT AGREEMENT For PROFESSIONAL CONSULTING SERVICES UNIFIED RADIO SYSTEM PROJECT MANAGEMENT ("Project") Between r ` CITY OF SANDY SPRINGS, GEORGIA r ("Sandy Springs") And Comdex Consulting ("Consultant") 34 CONTRACT AGREEMENT Index of Articles ARTICLE 1. THE AGREEMENT AND CONTRACT DOCUMENTS ARTICLE 2. DESCRIPTION OF PROJECT ARTICLE 3. SCOPE OF SERVICES ARTICLE 4. DELIVERABLES ARTICLE 5. SERVICES PROVIDED BY SANDY SPRINGS ARTICLE 6. MODIFICATIONS/CHANGE ORDERS/VERBAL AGREEMENTS ARTICLE 7. TIME OF PERFORMANCE OF WORK ARTICLE 8. TERM OF CONTRACT ARTICLE 9. COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES ARTICLE 10. QUALIFICATION OF CONSULTANT'S PERSONNEL AND ENDORSEMENT OF DOCUMENTS ARTICLE 11. SUSPENSION OF WORK ARTICLE 12. UTILITIES ARTICLE 13. TERMINATION OF AGREEMENT FOR CAUSE ARTICLE 14. TERMINATION FOR CONVENIENCE OF SANDY SPRINGS ARTICLE 15. WAIVER OF BREACH ARTICLE 16. INDEPENDENT CONTRACTOR ARTICLE 17. RESPONSIBILITY OF CONSULTANT ARTICLE 18. COOPERATION WITH OTHERS ARTICLE 19. ACCURACY OF WORK ARTICLE 20. REVIEW OF WORK ARTICLE 21. INDEMNIFICATION ARTICLE 22. CONFIDENTIALITY ARTICLE 23. OWNERSHIP OF WORK PRODUCT ARTICLE 24. COVENANT AGAINST CONTINGENT FEES ARTICLE 25. INSURANCE ARTICLE 26. PROHIBITED INTEREST ARTICLE 27. SUBCONTRACTING ARTICLE 28. ASSIGNABILITY ARTICLE 29. ANTI -KICKBACK CLAUSE ARTICLE 30. DRUG-FREE WORKPLACE CERTIFICATION ARTICLE 31. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION ARTICLE 32. AUDITS AND INSPECTORS ARTICLE 33. ACCOUNTING SYSTEM ARTICLE 34. ENTIRE AGREEMENT ARTICLE 35. SEVERABILITY ARTICLE 36. HEADINGS ARTICLE 37. COUNTERPARTS ARTICLE 38. GENDER AND NUMBER ARTICLE 39. NOTICES ARTICLE 40. JURISDICTION ARTICLE 41. EQUAL EMPLOYMENT OPPORTUNITY ARTICLE 42. FORCE MAJEURE 35 Index of Exhibits EXHIBIT A - SCOPE WORK EXHIBIT B - CONSULTANT'S PROPOSAL EXHIBIT C - DELIVERABLES EXHIBIT D - SCHEDULE OF TIME AND PERFORMANCE OF WORK EXHIBIT E - COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES EXHIBIT F - CERTIFICATION OF CONSULTANT - DRUG-FREE WORKPLACE EXHIBIT G - GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION 36 CONTRACT AGREEMENT This Contract Agreement (the "Agreement") is made and entered into as of the day of , 2013, by and between the City of Sandy Springs, a political subdivision of the State of Georgia (hereinafter referred to as "Sandy Springs"), and Comdex Consulting , a registered corporation of the State* of Georgia (hereinafter referred to as "Consultant"): WITNESSETH WHEREAS, Sandy Springs through its governing body desires to retain a qualified and experienced project management firm who specializes in the management and construction of land based mobile radio public safety communication systems (hereinafter referred to as the "Project"); and WHEREAS, Consultant has represented to Sandy Springs that it is experienced and has qualified and local staff available to commit to the Project and Sandy Springs has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for other good and valuable consideration, Sandy Springs and Consultant agree as follows: ARTICLE 1 THE AGREEMENT AND CONTRACT DOCUMENTS Sandy Springs hereby engages Consultant, and Consultant hereby agrees to perform, the services hereinafter set forth and as set forth in the Contract Documents. The Contract Documents consist of this Agreement and any and all exhibits, addenda and amendments hereto, the proposal submitted by Consultant in response to Sandy Springs' request for Proposal No. 13-033 (the "Proposal") and any and all exhibits, addenda and amendments thereto. ARTICLE 2 DESCRIPTION OF PROJECT Sandy Springs and Consultant agree that the Project is as described in EXHIBIT A - SCOPE OF WORK. All exhibits referenced in this Agreement are incorporated by reference and constitute an integral part of this Agreement as if they were contained herein. 34 ARTICLE 3 SCOPE OF SERVICES Unless modified in writing by both parties in the manner specified in this Agreement, duties of Consultant shall not be construed to exceed those services specifically set forth herein. Consultant agrees to provide all services, products, and data and to perform all tasks described in EXHIBIT A - SCOPE OF WORK. ARTICLE 4 DELIVERABLES Consultant shall provide to Sandy Springs all deliverables specified in EXHIBIT C - DELIVERABLES ("Deliverables"). Deliverables shall be furnished to Sandy Springs by Consultant in a media form that is acceptable and usable by Sandy Springs at no additional cost at the end of the Project. ARTICLE 5 SERVICES PROVIDED BY SANDY SPRINGS Consultant shall gather from Sandy Springs all available non -privileged data and information pertinent to the performance of the services for the Project. Certain services as described in EXHIBIT A - SCOPE OF WORK, if required, will be performed and furnished by Sandy Springs in a timely manner so as not to unduly delay Consultant in the performance of said obligations. Sandy Springs shall have the final decision as to what data and information is pertinent. Sandy Springs will appoint a Sandy Springs authorized representative with respect to work to be performed under this Agreement until Sandy Springs gives written notice of the appointment of a successor. The Sandy Springs authorized representative shall have complete authority to transmit instructions, receive information, and define Sandy Springs policies. Consultant may rely upon written consents and approvals signed by the Sandy Springs authorized representative. ARTICLE 6 MODIFICATIONS/CHANGE ORDERS/VERBAL AGREEMENTS No verbal agreement or conversation with any officer, agent or employee of Sandy Springs either before, during, or after the execution of this Agreement shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Agreement. If, during the course of performing work on the Project, Sandy Springs and Consultant agree that it is �-� necessary to make changes in the Project as described herein and in the Contract Documents, such changes will be incorporated by written change order, amendments, and/or supplemental agreements to this Agreement. Any such change order, amendments, and/or supplemental agreements shall be subject to the express approval of the City of Sandy Springs in its sole discretion and shall further be subject to Sandy Springs' purchasing policy and shall conform to all other applicable requirements of Sandy Springs. ARTICLE 7 TIME OF PERFORMANCE OF WORK Consultant shall not proceed to furnish such services and Sandy Springs shall not become obligated to pay for same until a written authorization to proceed ("Notice to Proceed") has been sent to Consultant from Sandy Springs. The time of performance of work shall begin upon the date of Notice to Proceed and continue pursuant to the schedule described in EXHIBIT D - SCHEDULE OF TIME AND PERFORMANCE OF WORK. Consultant shall begin work under this Agreement no later than five (5) days after the effective date of Notice to Proceed, and shall dedicate sufficient efforts to each required task to complete same in accordance with EXHIBIT D. The time of performance of work does not include time for reviews for the Project by Sandy Springs, its authorized representative, or any other agency or agencies reviewing the Project. Time charges shall cease when a phase specified in the Proposal has been completed to the satisfaction of the Sandy Springs authorized representative. When a phase specified in the Proposal has been completed to the satisfaction of the Sandy Springs authorized representative, he will notify Consultant that all tasks of such phase are considered accepted and fulfilled as specified in the Proposal. A Notice to Proceed shall be issued to the Consultant for the next phase of work and shall address the total time of performance of work remaining on the contract. ARTICLE 8 TERM OF CONTRACT The term of this Agreement shall commence on the date of award by Sandy Springs and shall continue until Sandy Springs has received and accepted all Deliverables in accordance with the Contract Documents or as amended in writing as provided in this Agreement. 39 ARTICLE 9 COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES Compensation for work performed by Consultant on the Project shall be on the basis of rates shown in the Proposal. Direct and miscellaneous costs should be included in the Proposal. The total contract amount for the Project shall be as set forth in EXHIBIT E - COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES, which is full payment for the complete scope of services. Invoices for payment shall be submitted to Sandy Springs by the first (1St) calendar day of the month to facilitate processing for payment in that same month. Invoices received after the first (1St) calendar day of the month may not be paid until the last day of the following month. The Consultant may submit to Sandy Springs an invoice, in a form acceptable to Sandy Springs and accompanied with all supporting documentation requested by Sandy Springs, for payment and for services that were completed during the preceding period. Sandy Springs shall review for approval said invoices. Sandy Springs shall have the right not to pay any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined by Sandy Springs, are reasonably in excess of the actual stage of completion. Sandy Springs shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of the performance of the Consultant to the point indicated by such invoice, or receipt of acceptance by Sandy Springs of the services covered by such invoice. Sandy Springs shall promptly pay any undisputed items contained in such invoices. As a minimum, each invoice shall include a narrative describing the total work accomplished for each phase, an accurate update of EXHIBIT D reflecting current status and noting any deviations from the schedule, and a description of the percentage of total work completed for each phase through the date of the statement. The Consultant must certify in writing that all subcontractors and suppliers have been promptly paid for work and materials and previous progress payments received, less any retainage by the Consultant prior to receipt of any further progress payments. In the event the Consultant is unable to pay subcontractors or suppliers until it has received a progress payment from Sandy Springs, the Consultant shall pay all subcontractors or suppliers funds due from said progress payments within forty-eight (48) hours of receipt of payment from Sandy Springs and in no event later than fifteen (15) days as provided for by state law. Consultant agrees that the compensation provided herein shall be full and final settlement of all claims arising against Sandy Springs for work done, materials furnished, costs incurred or otherwise arising out of this Agreement and shall release Sandy Springs from any and all 40 further claims related to payment for services and materials furnished in connection with this Agreement. Sandy Springs and Consultant agree that in the event any Agreement provision pertaining to the time of payment, the rate of payment, and any rates of interest differs from any provision of the Prompt Pay Act, such provision of the Prompt Pay Act is hereby waived and said Agreement provision shall control. Sandy Springs shall not be responsible for any interest penalty for any late payment. ARTICLE 10 QUALIFICATION OF CONSULTANT'S PERSONNEL AND ENDORSEMENT OF DOCUMENTS Consultant shall identify in writing a Project Manager who shall have sole authority to represent Consultant on all matters pertaining to this Agreement. Consultant represents that it has secured or will secure, at its own expense, all equipment and personnel necessary to complete its obligations pursuant to this Agreement. No personnel shall be employees of or have any contractual relationship with Sandy Springs. All of the services required hereunder will be performed by Consultant under its supervision and all personnel engaged in the work hereunder shall be fully qualified and shall be authorized or permitted under law to perform such services. Consultant shall use the design team presented to Sandy Springs at the time of discussions unless changes in the design team are approved in writing by Sandy Springs. Written notification shall be immediately provided to Sandy Springs upon change or severance of any key personnel or subcontractor performing services on the Project by Consultant. No changes or substitutions shall be permitted in Consultant's key personnel or subcontractors performing services on the Project without the prior written approval of Sandy Springs. Changing of key personnel or subcontractors performing services during the course of the Project without the prior written approval of Sandy Springs shall constitute a cause for termination under the terms outlined in Article 13 hereof entitled "TERMINATION OF AGREEMENT FOR CAUSE". Consultant shall employ only persons qualified and duly registered in the appropriate category in responsible charge of supervision and design of the work and further shall employ only qualified and duly registered surveyors in responsible charge of any survey work. Consultant shall endorse all Deliverables including reports, and contract plans. Such endorsements shall be made by a person duly registered for such services by the governing 41 authority authorized by the State of Georgia, being in the full employ of Consultant and responsible for the work prescribed by this Agreement. ARTICLE 11 SUSPENSION OF WORK Sandy Springs may order Consultant in writing to suspend, delay or interrupt all or any part of the work on the Project for such period of time as it may determine appropriate for the convenience of Sandy Springs. The time for completion of the work shall be extended by the number of days the work is suspended. Sandy Springs shall not be responsible for any claims, damages or costs stemming from any delay of the Project. ARTICLE 12 UTILITIES Where privately, publicly or cooperatively owned utility companies will require rearrangements in connection with the proposed construction, Consultant shall furnish prints or sepias to Sandy Springs to be sent by Sandy Springs to the utility owners as directed by Sandy Springs. Consultant shall make no commitments with the utilities which are binding upon Sandy Springs without the approval of Sandy Springs. Consultant will conduct all coordination with the utilities and authorities; however, Sandy Springs may be asked to participate in such negotiations. ARTICLE 13 TERMINATION OF AGREEMENT FOR CAUSE Sandy Springs reserves the right to terminate this Agreement at any time for just cause upon thirty (30) days written notice to Consultant, notwithstanding any just claims by Consultant for payment for services rendered prior to the date of termination. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. Failure of Consultant to comply with all terms of the Agreement, including maintaining required insurance coverage, may be considered just cause for termination. In the event the required insurance coverage is not maintained, any written notice of termination to Consultant shall be effective immediately notwithstanding the thirty (30) day notice otherwise required herein. TIME IS OF THE ESSENCE and if the Consultant refuses or fails to perform the work, maintain the scheduled level of effort as proposed and described in this Agreement, or any separable part thereof, with such diligence as will insure completion of the work within the specified time period, as more thoroughly described in Article 7 herein entitled TIME OF PERFORMANCE OF 42 WORK, or any extension or tolling thereof, or fails to complete said work within such time, such failure to perform the work shall constitute cause for termination. Sandy Springs may, by written notice to Consultant, terminate Consultant's right to proceed with the work or such part of the work as to which there has been delay. In such event, Sandy Springs may take over the work and perform the same to completion, by contract or otherwise, and Consultant shall be required to provide all copies of finished or unfinished documents prepared by Consultant under this Agreement to Sandy Springs as stated in EXHIBIT C - DELIVERABLES. Consultant shall be entitled to receive compensation for any satisfactory work completed on such documents as reasonably determined by Sandy Springs. Whether or not the Consultant's right to proceed with the work has been terminated, the Consultant shall be liable for any damage to Sandy Springs resulting from the Consultant's refusal or failure to complete the work within the specified time period, and said damages shall include, but not be limited to, any additional costs associated with Sandy Springs obtaining the services of another Consultant to complete the Project. ARTICLE 14 TERMINATION FOR CONVENIENCE OF SANDY SPRINGS Notwithstanding any other provisions of this Agreement, Sandy Springs may terminate this Agreement for its convenience at any time by written notice to Consultant thirty (30) days prior to the effective date of termination. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. If the Agreement is terminated for convenience of Sandy Springs as provided in this Article, Consultant will be paid compensation for those services actually performed. Partially completed tasks will be compensated based on a signed statement of completion to be submitted by Consultant which shall itemize each task element and briefly state what work has been completed and what work remains to be done. ARTICLE 15 WAIVER OF BREACH The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to be a waiver of any subsequent breach or violation of the same or other provision thereof. ARTICLE 16 INDEPENDENT CONTRACTOR Consultant shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with such relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute Consultant or any of 43 its agents or employees to be the agent, employee or representative of Sandy Springs. Inasmuch as Sandy Springs and Consultant are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of Consultant to do so, without specific prior written authorization from Sandy Springs, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements that Consultant enters into on behalf of Sandy Springs without the express knowledge and prior written authorization of Sandy Springs. ARTICLE 17 RESPONSIBILITY OF CONSULTANT Consultant is employed to render a professional service only and any payments made to Consultant are compensation solely for such services rendered and for recommendations made in carrying out the work. Consultant shall follow the practice of the engineering profession to make findings, opinions, factual presentations, professional advice and recommendations. Errors due to Consultant's failure to comply with standard engineering procedures shall be corrected in a time frame agreed to by Sandy Springs and at Consultant's expense. ARTICLE 18 COOPERATION WITH OTHERS Consultant will undertake the Project in cooperation with and in coordination with other studies, projects or related work performed for, with or by Sandy Springs employees, appointed committees or other consultants and contractors. Consultant shall fully cooperate with Sandy Springs and with other consultants, contractors and Sandy Springs employees or appointed committees. Such cooperation shall include, but not be limited to, attendance at meetings, discussions and hearings, as may be requested by Sandy Springs, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by Sandy Springs to effect such cooperation and compliance with all directives issued by Sandy Springs. Consultant shall provide Sandy Springs with its schedule of work, time and effort to coordinate with other consultants and contractors under contract with Sandy Springs. Consultant shall not commit or permit any of its employees, agents or subcontractors to commit an act which will interfere with the performance of work to be done on the Project by any other consultant or contractor or by Sandy Springs employees. 44 ARTICLE 19 ACCURACY OF WORK Consultant shall be responsible for the accuracy of its work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by Sandy Springs will not relieve Consultant of the responsibility of subsequent corrections of any errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent errors in, or negligent omissions from, the plans prepared by Consultant. At any time during construction of the Project provided for by the plans or during any phase of work performed by others based on data secured by Consultant under this Agreement, Consultant shall confer with Sandy Springs for the purpose of interpreting the information obtained and to correct any errors or omissions. Consultant shall prepare any plans, reports, field work, or data required by Sandy Springs to correct its errors or omissions. The above consultation, clarification or correction shall be made without added compensation to Consultant. Consultant shall give immediate attention to these changes so there will be a minimum of delay to others. Prior notification by Consultant of the acceptance of any item(s) furnished by Sandy Springs shall transfer the responsibilities for the accuracy of that item(s) to Consultant. ARTICLE 20 REVIEW OF WORK Authorized representatives of Sandy Springs may at all reasonable times review and inspect Project activities and data collected under this Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for Consultant shall be available to authorized representatives of Sandy Springs for inspection and review at all reasonable times in the main office of Sandy Springs. Consultant shall maintain all required records pertinent to this Agreement for a period of three (3) years after final payment is made and all other pending matters are closed. Sandy Springs reserves the right to review and authorize the Project to move forward if affected public agencies, railroads and utilities have not provided timely acceptance. Authorization by Sandy Springs for the Project to move forward in such an event shall not relieve Consultant of its professional obligation to correct, at its expense, any of its errors in work; provided, however, that any additional work which becomes reasonably necessary based on such authorization shall be compensated pursuant to change order as provided in Article 6 hereof so long as such additional work is not due to the fault of Consultant. Sandy Springs may request at any time and Consultant shall produce progress prints or copies of any work as performed under this Agreement. Refusal by Consultant to submit progress reports and/or plans shall be cause for Sandy Springs, without any liability therefore, to withhold payment to Consultant until 45 Consultant complies with Sandy Springs' request in this regard. Sandy Springs' review recommendations shall be incorporated into the plans by Consultant. ARTICLE 21 INDEMNIFICATION A. Commercial General Liability Indemnification. Other than arising out of the performance of professional services, and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold Sandy Springs, its officers, agents, employees and successors and assigns, harmless from and against damages, liabilities and costs (including, to the extent allowable by law, reasonable attorneys' fees and defense costs incurred in connection with the defense of third party claims) for claims, suits, or actions of any kind where such liability arises out of or is in connection with the performance (other than the performance of professional services) of this Agreement by Consultant. B. Professional Liability Indemnification. Consultant agrees, to the fullest extent permitted by law, to indemnify and hold Sandy Springs, its officers, agents, and employees, harmless from and against damages, liabilities and costs (including, to the extent allowable by law, reasonable attorneys' fees and defense costs incurred in connection with the defense of third party claims) to the extent caused by the negligent acts, errors or omissions of Consultant in the performance of professional services pursuant to this Agreement. Consultant further agrees to protect, defend, indemnify and hold harmless Sandy Springs, its officers, agents and employees from and against any and all claims or liability for compensation under the Workers' Compensation Act arising out of injuries sustained by any employees of Consultant. These indemnities shall not be limited by reason of the listing of any insurance coverage. ARTICLE 22 CONFIDENTIALITY Consultant agrees that its conclusions and any reports are for the confidential information of Sandy Springs and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to Sandy Springs, and will only discuss the same with it or its authorized representatives, except as required under this Agreement to provide information to the public. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by Consultant pursuant thereto and any equipment paid for by Sandy Springs as a result of this Agreement shall become the property of Sandy Springs and be delivered to the authorized representative of Sandy Springs. 46 Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without the prior approval in writing of Sandy Springs. All releases of information, findings, recommendations, and published reports shall include the disclaimer on the cover and title page in the following form: "The contents of this publication reflect the views of the author(s), who is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of Sandy Springs. This publication does not constitute a standard, specification or regulation." It is further agreed that if any information concerning the Project, its contents, results, or data gathered or processed should be released by Consultant without prior approval from Sandy Springs, the release of the same shall constitute grounds for termination of this Agreement without indemnity to Consultant, but should any such information be released by Sandy Springs or by Consultant with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. Should such information be required to be released under the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., the restrictions and penalties set forth herein shall not apply. Any request for information directed to Consultant by the public pursuant to the Georgia Open Records Act shall be redirected to the Sandy Springs for further action. ARTICLE 23 OWNERSHIP OF WORK PRODUCT Consultant hereby irrevocably transfers and assigns to Sandy Springs all of its right, title and interest in and to all materials and Deliverables created, discovered, invented, developed or prepared for Sandy Springs as part of performing this Agreement, including, without limitation, all copyrights, trade secrets, inventions (whether patentable or not) and other intellectual or proprietary rights in and to the Deliverables ("Intellectual Property"). Sandy Springs shall own the Deliverables and the Intellectual Property, and Consultant disclaims any ownership interests. Consultant represents and warrants to Sandy Springs that the services to be performed pursuant to this Agreement and the Deliverables will not violate or infringe a third party's patent, copyright, trade secret or other intellectual or proprietary right, and that no third party has an ownership interest in the Deliverables. 47 ARTICLE 24 COVENANT AGAINST CONTINGENT FEES Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for any fee, commission, percentage, brokerage or contingent fee, gift or other consideration, excepting bona fide employees maintained by Consultant for the purpose of securing business and that Consultant has not received any non -Sandy Springs fee related to this Agreement without the prior written consent of Sandy Springs. For breach or violation of this warranty, Sandy Springs shall have the right to annul this Agreement without liability or at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of any such fee, commission, percentage, brokerage or contingent fee, gift or other consideration. ARTICLE 25 INSURANCE Prior to beginning work on the Project, Consultant shall furnish certificates to Sandy Springs for the following minimum amounts or levels of insurance coverage: A. Workers' Compensation Insurance: sufficient to insure the Consultant against its liability for payment of compensation to the full extent required by Georgia law, from some corporation, association, or organization licensed by Georgia law to transact the business of workers' compensation insurance in the State of Georgia or from some mutual insurance association formed by a group of employers so licensed. B. General Comprehensive Liability Insurance: providing coverage for injuries to persons as well as damage to property in an amount not less than One Million Dollars ($1,000,000.00). C. Professional Liability Insurance: for engineers/engineering works in an amount not less than One Million Dollars ($1,000,000.00). D. Valuable Papers Insurance: in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project and the Agreement. All insurance shall contain a provision that the coverage afforded will not be cancelled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to Sandy Springs. All such insurance shall remain in effect until final payment is made and the Project is accepted by Sandy Springs. If Consultant receives notice of non - am renewal or material adverse change of any of the above coverage, Consultant will promptly advise Sandy Springs in writing. Failure of Consultant to promptly notify Sandy Springs on non- renewal or material adverse change of any of the above coverage terminates the Agreement as of the date that Consultant should have given notification to Sandy Springs. If Sandy Springs has any objections to the coverage afforded by or provisions of the insurance required to be purchased and maintained by Consultant, Sandy Springs will notify Consultant thereof within twenty (20) days of the date of delivery of such certificates to Sandy Springs. Consultant shall provide to Sandy Springs such additional information in respect of insurance provided by him as Sandy Springs may reasonably request. The right of Sandy Springs to review and comment on certificates of insurance is not intended to relieve Consultant of his responsibility to provide insurance coverage as specified nor to relieve Consultant of his liability for any claims which might arise. ARTICLE 26 PROHIBITED INTEREST A. Conflict of Interest. Consultant agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. Consultant further agrees that, in the performance of the Agreement, no person having any such interest shall be employed. B. Interest of Public Officials. No member, officer or employee of Sandy Springs during his tenure shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 27 SUBCONTRACTING Unless otherwise provided in this Agreement, Consultant shall not subcontract any part of the work covered by the Contract Documents or permit subcontracted work to be further subcontracted without prior written approval of Sandy Springs. ARTICLE 28 ASSIGNABILITY It is understood by the parties to this Agreement that the work of Consultant is considered personal by Sandy Springs. Consultant shall not assign, sublet or transfer this Agreement or any portion thereof without the prior express written consent of Sandy Springs. Any attempted assignment, subletting or transfer by Consultant without the prior express written consent of Sandy Springs shall at Sandy Springs' sole option terminate this Agreement without any notice to Consultant of such termination. Consultant binds itself, its successors, assigns, and legal representatives of such other party in respect to all covenants, agreements and obligations contained herein. Consultant acknowledges the City intends that a duly authorized Authority be created to which all rights and obligations under this Agreement shall be assigned. In the event such an Authority is created and duly assembled by the General Assembly of the State of Georgia, the parties hereto agree that all obligations of the City under this Agreement shall be transferred and assigned to the Authority without the approval or consent of Consultant. ARTICLE 29 ANTI -KICKBACK CLAUSE Salaries of engineers, surveyors, draftsmen, clerical and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. Consultant hereby promises to comply with all applicable anti -kickback laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. ARTICLE 30 DRUG-FREE WORKPLACE CERTIFICATION Consultant shall execute a certification in the form of EXHIBIT F - CERTIFICATION OF CONSULTANT - DRUG-FREE WORKPLACE, attached hereto and incorporated herein by this reference. Pursuant to the certification, Consultant shall certify that: A. the provisions of O.C.G.A. §§ 50-24-1 through 50-24-6 relating to the "Drug -Free Workplace Act" have been complied with in full; B. a drug-free workplace will be provided for the Consultant's employees during the performance of this Agreement; C. each subcontractor hired by Consultant shall be required to ensure that the subcontractor's employees are provided a drug-free workplace; and D. Consultant will not engage in any unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. 50 r ARTICLE 31 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION r 5d Consultant shall execute a certification in the form of EXHIBIT G - CERTIFICATION OF CONSULTANT - GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT, attached hereto and incorporated herein by this reference. Pursuant to the certification, Consultant agrees to comply with all applicable requirements of the Georgia Security and Immigration Compliance Act of 2006 as codified in O.C.G.A. §§ 13-10-90 and 13-10-91 and regulated in Chapter 300- 10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work Eligibility Through a Federal Work Authorization Program," accessed at htto://www.dol.state.ga.us, as further set forth in the certification attached as Exhibit G. ARTICLE 32 AUDITS AND INSPECTORS At any time during normal business hours and as often as Sandy Springs may deem necessary, Consultant shall make available to Sandy Springs and/or representatives of Sandy Springs for examination all of its records with respectto all matters covered by this Agreement. Consultant shall also permit Sandy Springs and/or representatives of Sandy Springs to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Consultant's records of personnel, conditions of employment, and financial statements (hereinafter "Information") constitute trade secrets and are considered confidential and proprietary by Consultant. To the extent Sandy Springs audits or examines such Information related to this Agreement, Sandy Springs shall not disclose or otherwise make available to third parties any such Information without Consultant's prior written consent unless required to do so by law. Nothing in this Agreement shall be construed as granting Sandy Springs any right to make copies, excerpts or transcripts of such Information outside the area covered by this Agreement without the prior written consent of Consultant. Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its Proposal and shall make such material available at all reasonable times during the period of the Agreement and for three (3) years from the date of final payment under the Agreement, for inspection by Sandy Springs or any reviewing agencies and copies thereof shall be furnished upon request and at no additional cost to Sandy Springs. Consultant agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee or transferee. 51 ARTICLE 33 ACCOUNTING SYSTEM Consultant shall have an accounting system which is established and maintained in accordance with generally accepted accounting principles. Consultant must account for costs in a manner consistent with generally accepted accounting procedures, as approved by Sandy Springs. ARTICLE 34 ENTIRE AGREEMENT The Contract Documents constitute the entire agreement of the parties pertaining to the subject matter hereof and are intended as a complete and exclusive statement of promises, representations, discussions and agreements, oral or otherwise, that have been made in connection therewith. No modification or amendment to the Contract Documents shall be binding upon the parties unless the same is in writing, signed by the Consultant's and Sandy Springs' duly authorized representatives, subject to Sandy Springs' purchasing policy. ARTICLE 35 SEVERABILITY If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, enforceable in accordance with its terms. ARTICLE 36 HEADINGS This Agreement shall not be interpreted by reference to any of the titles or headings to the sections or paragraphs of this Agreement, which have been inserted for convenience purposes only and are not deemed a part hereof. ARTICLE 37 COUNTERPARTS This Agreement may be executed in one or more counterparts, all of which together shall be deemed to constitute one and the same instrument. 52 ARTICLE 38 GENDER AND NUMBER This Agreement shall be construed by the actual gender and/or number of the person, persons, entity and/or entities referenced herein, regardless of the gender and/or number used in such reference. ARTICLE 39 NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notice to Sandy Springs shall be addressed as follows: City of Sandy Springs 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 ATTN: John McDonough, City Manager With a copy to: City of Sandy Springs 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 ATTN: Wendell Willard City Attorney Notice to Consultant shall be addressed as follows: Commdex Consulting 655 Engineering Drive Suite 100 Norcross, GA 30092 ATTN: Chuck Bethea, VP of Operations 53 ARTICLE 40 JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of Georgia. Jurisdiction of litigation arising from this Agreement shall be in Georgia. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. Whenever reference is made in the Agreement to standards or codes in accordance with which work is to be performed, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated. ARTICLE 41 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, Consultant agrees as follows: A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. B. Consultant will, in all solicitations or advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 42 FORCE MAJEURE Neither Sandy Springs nor Consultant shall be deemed in violation of this Agreement if either is prevented from performing its obligations hereunder for any reason beyond its control, including but not limited to acts of God, civil or military authority, act of public enemy, accidents, fires, explosions, earthquakes, floods or catastrophic failures of public transportation; provided, however, that nothing herein shall relieve or be construed to relieve 54 Consultant from performing its obligations hereunder in the event of riots, rebellions or legal strikes. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and delivered on this, the day of , 20_. CITY OF SANDY SPRINGS, GEORGIA By: John McDonough, City Manager ATTEST: By: City Clerk (SEAL) Approved as to Form: By: City Attorney CONTRACTOR Commdez Consulting----������— By: U�R�I_r� Nam ; Prince Niyyar (typed or printed name) President Title ATTEST: BV: Lindsay Bierfeld Secretary for Corporation (SEAL) � - Breridw mendes 55 Date of Execution 3/25/2013 Date of Execution